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The War Pensions Committees Regulations 1990

S.I. 1990/1349 · Made 3 July 1990

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

PENSIONS

Made 3rd July 1990

Laid before Parliament 11th July 1990

Coming into force 1st January 1991

The Secretary of State for Social Security in exercise of powers conferred by section 166(2) and (3) of the Social Security Act 1975f1 and sections 25(1), (2) and (3), 29(1), and 30(1) of the Social Security Act 1989f2, and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Annotations to the whole text

Footnotes

f1

1975 c. 14; section 166(2) and (3) of the Social Security Act 1975 is applied to section 25 of the Social Security Act 1989 by section 29(1) of that Act.

f2

1989 c. 24; section 30(1) is cited because of the meaning it ascribes to the word “regulations”. Section 25 is extended to Northern Ireland by section 33(6).

Contents

  1. 1Citation, commencement and interpretation
  2. 2Establishment of War Pensions Committees
  3. 3Membership of Committee (except Northern Ireland War Pensions Committee)
  4. 4Membership of the Northern Ireland War Pensions Committee
  5. 5Constitution, proceedings etc of Committees
  6. 6Functions
  7. 7Recommendations
  8. 8Reports
  9. 9Voluntary workers
  10. 10Accounts
  11. Signature
  12. Schedule 1Schedule 1
  13. Schedule 2: CONSTITUTION, PROCEEDINGS AND MANNER OF DISCHARGING FUNCTIONS OF COMMITTEES
  14. 1Members
  15. 2Members
  16. 3Members
  17. 4Members
  18. 5Chairman and Vice-Chairman
  19. 6Chairman and Vice-Chairman
  20. 7Proceedings
  21. 8Proceedings
  22. 9Proceedings
  23. 10Proceedings
  24. 11Proceedings
  25. 12Proceedings
  26. 13Minutes
  27. 14Sub-committees
  28. 15Sub-committees
  29. 16Sub-committees
  30. Explanatory note

1Citation, commencement and interpretation

(1)

These Regulations may be cited as the War Pensions Committees Regulations 1990 and shall come into force on 1st January 1991.

(2)

In these Regulations—

  • “area” in respect of each Committee means the counties, boroughs or other area specified in column 2 of Schedule 1 to these Regulations opposite the name of the Committee;

  • “Chief Welfare Officer” means an officer of the Secretary of State who manages the War Pensioners Welfare Service;

  • “Committee” means a War Pensions Committee established in accordance with regulation 2 and where the context requires means the appropriate War Pensions Committee;

  • “sub-committee” means a sub-committee of a Committee;

  • “war disablement pensioner” means a person in receipt of a war pension in respect of his disablement;

  • “war widow” means a widow who receives a war pension in respect of the death of her husband.

(3)

Unless the context otherwise requires, any reference in these Regulations to a numbered regulation is a reference to the regulation bearing that number in these Regulations and any reference in a regulation or Schedule to a numbered paragraph is a reference to the paragraph of that regulation or Schedule bearing that number.

2Establishment of War Pensions Committees

The areas specified in column 2 of Schedule 1 to these Regulations shall each have a War Pensions Committee named in accordance with the corresponding entry in column 1 of Schedule 1.

3Membership of Committee (except Northern Ireland War Pensions Committee)

(1)

Each Committee other than the Northern Ireland War Pensions Committee shall consist of 30 members appointed by the Secretary of State.

(2)

Before appointing the members of such a Committee the Secretary of State shall consult such bodies or organizations in the area which represent any of the interests referred to in paragraph (3)(a), (b) and (c) as he thinks fit.

(3)

So far as reasonably practicable, the members appointed shall include—

(a)

twelve members representative of war disablement pensioners,

(b)

three members representative of war widows,

(c)

five members representative of voluntary organizations engaged wholly or partly in the care of ex-servicemen or ex-servicewomen or the families of ex-servicemen or ex-servicewomen in the Committee’s area,

(d)

four members representative of local authorities, in accordance with the entries in column 3 of Schedule 1 to these Regulations opposite the name of the Committee.

4Membership of the Northern Ireland War Pensions Committee

(1)

The Northern Ireland War Pensions Committee shall consist of 18 members appointed by the Secretary of State.

(2)

Before appointing the members of the Northern Ireland Committee the Secretary of State shall consult such bodies or organizations in the area which represent any of the interests referred to in paragraph (3) as he thinks fit.

(3)

So far as reasonably practicable, the members appointed shall include—

(a)

seven members representative of war disablement pensioners,

(b)

two members representative of war widows,

(c)

three members representative of voluntary organizations engaged wholly or partly in the care of ex-servicemen or ex-servicewomen or the families of ex-servicemen or ex-servicewomen in Northern Ireland, and

(d)

two members representative of district councils in Northern Ireland.

5Constitution, proceedings etc of Committees

The provisions of Schedule 2 to these Regulations shall have effect with respect to the Committees.

6Functions

A Committee—

(a)

shall consider complaints made to them by persons in their area receiving or claiming war pensions and, if they think fit, make representations about those complaints to the Secretary of State;

(b)

shall consider any matters referred to them by the Secretary of State and report to him on those matters with such recommendations as they may think fit;

(c)

shall assist the War Pensioners' Welfare Service in looking after the welfare of war pensioners in their area;

(d)

may consider any matter connected with war pensions or affecting war pensioners in their area and, where they think it appropriate, make recommendations to the Secretary of State about that matter;

(e)

may consider reports by the Secretary of State about the work of the War Pensioners' Welfare Service in their area.

7Recommendations

Any recommendations or representations which a Committee makes to the Secretary of State shall be by way of a resolution submitted to the Chief Welfare Officer.

8Reports

A Committee may request the Secretary of State to supply them with reports relevant to any matter which the Committee is considering. The Committee shall make any such request through the Chief Welfare Officer.

9Voluntary workers

A Committee may, after consulting the Chief Welfare Officer, appoint voluntary workers to assist them or a sub-committee to carry out their functions in relation to complaints by persons receiving or claiming war pension and to assisting the War Pensioners' Welfare Service.

10Accounts

(1)

A Committee or sub-committee in receipt of funds from charitable or other sources for the purpose of assisting the War Pensioners' Welfare Service shall safeguard those funds and keep proper written accounts of all receipts and disbursements.

(2)

The accounts shall be open to inspection by the Secretary of State.

Signature

Signed by authority of the Secretary of State for Social Security.

Henley

Parliamentary Under-Secretary of State,

Department of Social Security

3rd July 1990

Schedule 1

Column 1 Name of War Pensions CommitteeColumn 2 Area for which War Pensions Committee establishedColumn 3 Local authority representatives
1

Avon, Dorset, Gloucestershire and Wiltshire War Pensions Committee

The Counties of Avon, Dorset, Gloucestershire and Wiltshire1 representative each of Avon County Council, Dorset County Council, Wiltshire County Council and Gloucestershire County Council
2

Bedfordshire, Buckinghamshire, Hertfordshire and Oxfordshire War Pensions Committee

The Counties of Bedfordshire, Buckinghamshire, Hertfordshire and Oxfordshire1 representative each of Buckinghamshire County Council, Hertfordshire County Council, Oxfordshire County Council and Bedfordshire County Council
3

Cambridgeshire, Norfolk and Suffolk War Pensions Committee

The Counties of Cambridgeshire, Norfolk and Suffolk1 representative each of Cambridgeshire County Council and Suffolk County Council, 2 representatives of Norfolk County Council
4

Central Scotland War Pensions Committee

The Districts of Argyle and Bute, Dumbarton, City of Glasgow, Clydebank, Bearsden and Milngavie, Strathkelvin, Cumbernauld and Kilsyth, Eastwood, Renfrew and Inverclyde in the Strathclyde Region, and the Central and Tayside Regions2 representatives of Strathclyde Regional Council, 1 representative each of Central Regional Council and Tayside Regional Council
5

Clwyd, Dyfed, Gwynedd and Powys War Pensions Committee

The Counties of Clwyd, Dyfed, Gwynedd and Powys1 representative each of Clwyd County Council, Dyfed County Council, Gwynedd County Council and Powys County Council
6

Cornwall, Devon, Isles of Scilly and Somerset War Pensions Committee

The Counties of Cornwall, Devon and Somerset and the Isles of Scilly1 representative each of Cornwall County Council and Somerset County Council, 2 representatives of Devon County Council
7

Derbyshire, Leicestershire and Staffordshire War Pensions Committee

The Counties of Leicestershire, Staffordshire and Derbyshire excepting the borough of High Peak other than the Parishes of Aston, Bamford, Brough and Shatton, Castleton, Derwent, Edale, Hope, Hope Woodlands and Thornhill1 representative each of Leicestershire County Council and Derbyshire County Council, 2 representatives of Staffordshire County Council
8

East and West Sussex War Pensions Committee

The Counties of East and West Sussex2 representatives each of West Sussex County Council and East Sussex County Council
9

Essex, Barking, Havering, Newham and Redbridge War Pensions Committee

The County of Essex, the London Boroughs of Barking and Dagenham, Havering, Newham and Redbridge2 representatives of Essex County Council, 1 representative each of Havering London Borough Council and Redbridge London Borough Council
10

Glamorgan and Gwent War Pensions Committee

The Counties of Mid-Glamorgan, South Glamorgan, West Glamorgan and Gwent1 representative each of Mid-Glamorgan County Council, South Glamorgan County Council, West Glamorgan County Council and Gwent County Council
11

Hampshire, Surrey and Berkshire War Pensions Committee

The Counties of Hampshire, Surrey, Berkshire and Isle of Wight1 representative each of Hampshire County Council, Surrey County Council, Berkshire County Council and Isle of Wight County Council
12

Kent War Pensions Committee

The County of Kent4 representatives of Kent County Council
13

Lincolnshire and Nottinghamshire War Pensions Committee

The Counties of Lincolnshire and Nottinghamshire2 representatives each of Lincolnshire County Council and Nottinghamshire County Council
14

London North War Pensions Committee

The London Boroughs of Barnet, Brent, Camden, Ealing, Enfield, Hackney, Haringey, Harrow, Hillingdon, Islington, Tower Hamlets and Waltham Forest1 representative each of Barnet London Borough Council, Ealing London Borough Council, Enfield London Borough Council and Brent London Borough Council
15

London South War Pensions Committee

The London Boroughs of Bexley, Bromley, Croydon, Greenwich, Hammersmith and Fulham, Hounslow, Lambeth, Lewisham, Merton, Richmond upon Thames, Southwark, Sutton and Wandsworth, the Royal Borough of Kensington and Chelsea, the Cities of London and Westminster, and the Royal Borough of Kingston upon Thames1 representative each of Croydon London Borough Council, Bromley London Borough Council, Wandsworth London Borough Council and Lambeth London Borough Council
16

North of Scotland War Pensions Committee

The Highland Region, the Islands areas of Orkney, Shetland and the Western Isles and the Grampian Region1 representative each of Highland Regional Council, Grampian Regional Council, Western Isles Islands Council and Shetland Islands Council
17

North West (Central) War Pensions Committee

The County of Lancashire excluding the City of Lancaster District. Bolton and Wigan Metropolitan Districts of Greater Manchester and the Knowsley, Sefton and St Helens Metropolitan Districts of Merseyside.1 representative each of Lancashire County Council, Wigan Borough Council, Sefton Borough Council and Bolton Borough Council
18

North West (East) War Pensions Committee

Greater Manchester excluding Bolton and Wigan Metropolitan Districts. The Borough of Macclesfield and the Borough of High Peak excepting the Parishes set forth in the area specified in paragraph 7 of this Schedule.1 representative each of Manchester City Council, Salford City Council, Stockport Borough Council and Oldham Borough Council
19

North West (South) War Pensions Committee

The Liverpool City and Wirral Metropolitan Districts of Merseyside, the County of Cheshire excepting the Borough of Macclesfield1 representative each of Liverpool City Council and Wirral Borough Council, 2 representatives of Cheshire County Council
20

North West (North) War Pensions Committee

The County of Cumbria and the City of Lancaster District2 representatives each of Cumbria County Council and Lancashire County Council
21

North Yorkshire and Cleveland War Pensions Committee

The Counties of North Yorkshire and Cleveland2 representatives each of North Yorkshire County Council and Cleveland County Council
22

Northumbria War Pensions Committee

The Gateshead, North Tyneside, South Tyneside, Sunderland and the City of Newcastle upon Tyne Metropolitan Districts of Tyne and Wear and the Counties of Durham and Northumberland1 representative each of Durham County Council, Northumberland County Council, Sunderland Borough Council and Newcastle upon Tyne City Council
23

South East Scotland War Pensions Committee

The Borders, Lothian and Fife Regions1 representative each of Borders Regional Council and Fife Regional Council, 2 representatives of Lothian Regional Council
24

South West Scotland War Pensions Committee

The Districts of Monklands, Motherwell, Hamilton, East Kilbride, Clydesdale, Cunninghame, Kilmarnock and Loudon, Kyle and Carrick, Cumnock and Doon Valley in the Strathclyde Region and the Dumfries and Galloway Region2 representatives each of Strathclyde Regional Council and Dumfries and Galloway Regional Council
25

South Yorkshire and Humberside War Pensions Committee

The Barnsley, Doncaster, Rotherham and City of Sheffield Metropolitan Districts of South Yorkshire and the County of Humberside1 representative each of Humberside County Council, Sheffield City Council, Doncaster Borough Council and Rotherham Borough Council
26

West Midlands and Northants War Pensions Committee

The Solihull and Cities of Birmingham and Coventry Metropolitan Districts of the West Midlands, the Counties of Warwickshire and Northamptonshire1 representative each of Birmingham City Council, Coventry City Council, Warwickshire County Council and Northamptonshire County Council
27

West and South West Midlands War Pensions Committee

The Dudley, Sandwell, Walsall and Wolverhampton Metropolitan Districts of the West Midlands, the Counties of Hereford and Worcester and Shropshire1 representative each of Dudley Borough Council, Sandwell Borough Council, Hereford and Worcester County Council and Shropshire County Council
28

West Yorkshire War Pensions Committee

The Calderdale, Kirklees and Cities of Bradford, Leeds and Wakefield Metropolitan Districts of West Yorkshire1 representative each of Kirklees Borough Council, Bradford City Council, Leeds City Council and Wakefield City Council
29

Northern Ireland War Pensions Committee

Northern Ireland—

1Members

A member of a Committee shall hold office for a period not exceeding 5 years in any 1 term of appointment and may be re-appointed.

2Members

The Secretary of State may remove a member from office if he is satisfied that the member—

(a)

is habitually absent from meetings of the Committee or has been absent from 3 or more consecutive meetings, unless the absence is due to illness or due to a reason approved by the Secretary of State,

(b)

has become bankrupt or made an arrangement with his creditors,

(c)

is convicted of a crime and is sentenced to imprisonment or receives a suspended sentence, or

(d)

is otherwise unable or unfit to discharge the functions of a member.

3Members

A casual vacancy may be filled by the Secretary of State as may be necessary.

4Members

A member may resign from a Committee by notice in writing sent to the Secretary of State.

5Chairman and Vice-Chairman

(1)

Subject to sub-paragraph (4) below each Committee shall appoint from among their members a Chairman and a Vice-Chairman.

(2)

The appointment shall be by resolution specifying the period of appointment, which shall not extend beyond the appointee’s term of appointment to the Committee.

(3)

Where the office of Chairman or Vice-Chairman falls vacant, the Committee shall appoint a replacement at its next meeting.

(4)

The Secretary of State shall appoint a Chairman and a Vice-Chairman for each Committee to hold office for a period of one year commencing on 1st January 1991.

6Chairman and Vice-Chairman

The Chairman, or in his absence, the Vice-Chairman shall preside over Committee meetings. At a meeting where both are absent the members present shall elect one of their number to act as Chairman for that meeting.

7Proceedings

(1)

Subject to sub-paragraph (2) below and paragraph 8 the Committee shall decide the time and place of their meetings.

(2)

The Secretary of State shall decide the time and place of the first meeting after appointing or re-appointing the members of a Committee, apart from an appointment to fill a casual vacancy.

8Proceedings

Six members of a Committee may requisition a meeting by giving notice in writing to the Chairman who shall call the meeting within 4 weeks of receiving the notice.

9Proceedings

The quorum of a Committee shall be one quarter of its members, disregarding any fractions.

10Proceedings

A Committee shall make decisions by a simple majority of members present and voting. In the event of equality of votes, the person presiding over the meeting shall have a casting vote.

11Proceedings

A member shall neither discuss nor vote on any matter concerning his relative, employer or employee.

12Proceedings

(1)

Subject to sub-paragraph (2) below a Committee shall determine whether persons other than members may attend any meeting of the Committee or a sub-committee.

(2)

The Chief Welfare Officer or his deputy may attend any meeting of a Committee or a sub-committee.

13Minutes

Minutes of a meeting shall—

(a)

be recorded in a Minute Book,

(b)

include the names of members present at the meeting,

(c)

be signed by the person presiding over the meeting at which they are approved as correct, and

(d)

be open to inspection by the Secretary of State.

14Sub-committees

A Committee may appoint up to four fifths of their members to a sub-committee to assist the Committee in carrying out any of their functions under regulation 6(b), (c) and (d).

15Sub-committees

(1)

With the Secretary of State’s approval, a Committee may appoint one or more sub-committees to assist the Committee in carrying out their functions under regulation 6(a).

(2)

A Committee shall appoint as Chairman of such a sub-committee a member of the Committee who is also a member of the sub-committee.

(3)

Such a sub-committee shall—

(a)

consist of at least 3 and not more than 7 members, of whom at least half are members of the Committee, and any remainder are voluntary workers,

(b)

make decisions by a simple majority of the members of the sub-committee present and voting: in the event of equality of votes the Chairman of the sub-committee shall have a casting vote,

(c)

act in accordance with any directions of the Committee.

16Sub-committees

A sub-committee which consider a complaint made to the Committee by a person receiving or claiming war pension shall, as soon as reasonably practicable, submit to the Committee a report about any hearing they had of the complaint and any representations they made to the Secretary of State.

Explanatory note

(This note is not part of the Regulations)

These Regulations make provision for War Pensions Committees.

Regulation 2 and Schedule 1 set out the areas to which each War Pensions Committee relates.

Regulation 3 provides for the membership of Committees except the Northern Ireland Committee; Regulation 4 provides for the membership of the Northern Ireland Committee.

Regulation 5 and Schedule 2 provide for the constitution, proceedings etc. of Committees. The Committees' functions are set out in regulation 6. Regulations 7 and 8 deal with recommendations by and reports to the Committees.

Regulation 9 provides for voluntary workers to assist the Committees and sub-committees.

Regulation 10 provides for accounts to be kept in respect of funds from charitable and other sources.

The War Pensions Committees for which these Regulations provide, replace the War Pensions Committees which were in existence immediately before 1st January 1991. The War Pensions Committees (General) Regulations 1923 (S.R. & O. 1923/67) and the War Pensions Committees (Revocation and Reconstitution) Order 1985 (S.I. 1985/1544) which relate to the earlier War Pensions Committees, cease to have effect on 1st January 1991 by virtue of the repeal of sections 1 and 2 of the War Pensions Act 1921 (c. 49) effected by section 25(6) of the Social Security Act. 1989.