# The Naval, Military and Air Forces etc. (Modification of Enactments and other Instruments) Order 1978 S.I. 1978/1526 · made 24 October 1978 This Order is made in consequence of the coming into operation of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1978 (“the Consolidation”) (which consolidated the various war pensions instruments relating to disablement and death due to service in the Armed Forces during the first World War and after 2nd September 1939) and the War Pensions (Pre-Consolidation Amendment) Order 1978. It makes provision for references in Acts and instruments to those war pensions instruments and to pensions and other benefits provided by them to be construed, in so far as not inappropriate, as including references to the Consolidation or, as the case may be, pensions and other benefits under the Consolidation. PDFs: Printed copy https://openlegislation.uk/naval-military-and-air-forces-etc-modification-of-enactments-and-other-instruments-order-1978/pdf/uksi_19781526_en.pdf ## Introductory text PENSIONS WAR PENSIONS Made 24th October 1978 Laid before Parliament 1st November 1978 Coming into Operation 1st January 1979 At the Court at Buckingham Palace, the 24th day of October 1978 Present, The Queen's Most Excellent Majesty in Council WHEREAS, in consequence of the making, in pursuance of section 12(1) of the Social Security (Miscellaneous Provisions) Act 1977, of the War Pensions (Pre-Consolidation Amendment) Order 1978 and of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1978, Her Majesty deems it expedient to modify enactments and instruments which refer to instruments revoked by the aforesaid Orders or to pensions and other benefits for which provision was made under the said revoked instruments and to do so by Order in Council under powers conferred by section 12(2) of the said Act: NOW, THEREFORE, Her Majesty, in exercise of those powers and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:— ## 1 Citation, commencement and interpretation (1) This Order may be cited as the Naval, Military and Air Forces etc. (Modification of Enactments and other Instruments) Order 1978 and shall come into operation on 1st January 1979, immediately after the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1978 has come into operation. (2) In this Order, unless the context otherwise requires— “the Act” means the Social Security (Miscellaneous Provisions) Act 1977; “the Consolidation” means the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1978; “the Pre-Consolidation Order” means the War Pensions (Pre-Consolidation Amendment) Order 1978; “pension or other benefit” means such pension or other benefit as is mentioned in section 12(1) of the Act; and other expressions shall have the same meanings as in the Act. (3) Any reference in this Order to any provision made by or contained in any enactment or instrument shall, except in so far as the context otherwise requires, be construed as a reference to that provision as amended or extended by any enactment or instrument and as including a reference to any provision which may re-enact or replace it with or without modification. (4) This Order shall be construed and shall operate as it would fall to be construed and to operate by virtue of section 23(1) of the Interpretation Act 1978 if it were made after the commencement of that Act. ## 2 Modifications in enactments and instruments (1) Wherever in any enactment or instrument specified in the Schedule hereto there is a reference— (a) to an instrument revoked by the Pre-Consolidation Order or by the Consolidation; or (b) to a pension or other benefit for which, immediately before the date on which the Consolidation came into operation, provision was made by such revoked instrument; or (c) to a “war pensions instrument”; such reference shall, save in so far as may not be appropriate in any particular case, be modified in accordance with the provisions of the next succeeding paragraph and any such reference in any other enactment or instrument shall likewise be so modified. (2) Any such reference shall be construed as if it included— (a) in the case of a reference specified in subparagraph (a) or (c) of paragraph (1) of this article, a reference to the Consolidation (or, as the case may be, to the corresponding provision thereof); (b) in the case of a reference specified in subparagraph (b) of that paragraph, a reference to a pension or other benefit under the Consolidation. ## Signature N. E. Leigh Clerk of the Privy Council ## Schedule: ENACTMENTS AND INSTRUMENTS MODIFIED BY ARTICLE 2 OF THIS ORDER ## I ENACTMENTS Col 1 Column 2 Column 3 Column 4 Item Enactment Reference Provisions Modified 1 Polish Resettlement Act 1947 1947 c.19 Section 1 2 Housing (Financial Provisions) (Scotland) Act 1972 1972 c.46 Schedule 2, paragraph 9 as amended 3 Housing Finance Act 1972 1972 c.47 Schedule 3, paragraph 9 as amended 4 Supplementary Benefits Act 1976 1976 c.71 Schedule 1, paragraph 23 ## II INSTRUMENTS APPLYING TO GREAT BRITAIN OR COUNTRIES IN THE UNITED KINGDOM (OTHER THAN NORTHERN IRELAND ONLY) Col 1 Column 2 Column 3 Column 4 Item Enactment Reference Provisions Modified 5 The Order in Council of 11th June 1920 S.R. and O. 1920/1307 Articles 3, 4 and 5 6 The Commutation (Ministry of Pensions) Regulations 1924 S.R. and O. 1924/802 Regulation 7 7 The War Pensions and Detention Allowances (Naval Auxiliary Personnel) Scheme 1940 S.R. and O. 1940/174 Article 2 8 The War Pensions (Coastguards) Scheme 1944 S.R. and O. 1944/500 Article 1 9 The Legal Aid (Scotland) (Assessment of Resources) Regulations 1960 S.I. 1960/1395 (S.71) Schedule 1, rule 5, as amended 10 The Legal Aid (Assessment of Resources) Regulations 1960 S.I. 1960/1471 Schedule 1, rule 5, as amended 11 The War Pensions (Naval Auxiliary Personnel) Scheme 1964 S.I. 1964/1985 Article 2 12 The Pensions (Polish Forces) Scheme 1964 S.I. 1964/2007 Article 2 13 The War Pensions (Mercantile Marine) Scheme 1964 S.I.1964/2058 Article 2 14 The Royal Warrant of 21st December 1964 Cmnd. 2563 of 1964 Article 1 15 The Order by Her Majesty of 22nd December 1964 Cmnd. 2564 of 1964 Article 1 16 The Order by Her Majesty of 4th January 1971 Cmnd.4567 of 1971 Article 1 17 The Family Income Supplements (General) Regulations 1971 S.I. 1971/226 Regulation 1, as amended 18 The Rate Rebate Regulations 1974 S.I. 1974/411 Regulations 8 and 20, as amended 19 The Social Security (Benefit) (Married Women and Widows Special Provisions) Regulations 1974 S.I. 1974/2010 Regulation 1 20 The Social Security (Widow's Benefit and Retirement Pensions) Regulations 1974 S.I. 1974/2059 Regulation 4 21 The Social Security (Contributions) Regulations 1975 S.I. 1975/492 Regulation 90 22 The Social Security (Overlapping Benefits) Regulations 1975 S.I. 1975/554 Regulation 2 23 The Social Security Benefit (Married Women and Widows) (Amendments and Transitional Provisions) Regulations 1975 S.I. 1975/562 Regulation 2 24 The Social Security (Invalid Care Allowance) Regulations 1976 S.I. 1976/409 Regulation 3 25 The Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations 1976 S.I. 1976/1267 Regulation 2 ## III INSTRUMENTS APPLYING TO NORTHERN IRELAND ONLY Col 1 Column 2 Column 3 Column 4 Item Enactment Reference Provisions Modified 26 The Family Income Supplements (General) Regulations (Northern Ireland) 1971 S.R. and O. (N.I.) 1971 No. 122 Regulation 1, as amended 27 The Rate Rebate Order (Northern Ireland) 1974 S.R. 1974 No. 65 Schedule, paragraphs 6 and 18, as amended 28 The Social Security (Widow's Benefit and Retirement Pensions) (Northern Ireland) Regulations 1975 S.R. 1975 No. 12 Regulation 4 29 The Social Security (Benefit) (Married Women and Widows Special Provisions) (Northern Ireland) Regulations 1975 S.R. 1975 No. 19 Regulation 1 30 The Social Security Benefit (Married Women and Widows) (Amendments and Transitional Provisions) Regulations (Northern Ireland) 1975 S.R. 1975 No. 93 Regulation 2 31 The Social Security (Overlapping Benefits) Regulations (Northern Ireland) 1975 S.R. 1975 No. 94 Regulation 2 32 The Social Security (Contributions) Regulations (Northern Ireland) 1975 S.R. 1975 No. 319 Regulation 88 33 The Social Security (Invalid Care Allowance) Regulations (Northern Ireland) 1976 S.R. 1976 No. 99 Regulation 3 34 The Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations (Northern Ireland) 1976 S.R. 1976 No. 223 Regulation 2 35 The Legal Aid (Assessment of Resources) (Amendment) Regulations (Northern Ireland) 1976 S.R.1976 No.125 Regulation 2 36 The Supplementary Benefits (Northern Ireland) Order 1977 S.I. 1977/2156 (N.I.27) Schedule 1, paragraph 23 ## Explanatory note This Order is made in consequence of the coming into operation of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1978 (“the Consolidation”) (which consolidated the various war pensions instruments relating to disablement and death due to service in the Armed Forces during the first World War and after 2nd September 1939) and the War Pensions (Pre-Consolidation Amendment) Order 1978. It makes provision for references in Acts and instruments to those war pensions instruments and to pensions and other benefits provided by them to be construed, in so far as not inappropriate, as including references to the Consolidation or, as the case may be, pensions and other benefits under the Consolidation. --- Source: https://www.legislation.gov.uk/uksi/1978/1526 (the official version) Page: https://openlegislation.uk/naval-military-and-air-forces-etc-modification-of-enactments-and-other-instruments-order-1978 Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.