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This version of this statute is extracted from the UK Statute Law Database (SLD). It is not necessarily in the form in which it was originally enacted but is a revised version, which means that any subsequent amendments to the text and other effects are incorporated with annotations.
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An Act to provide for the application of the Royal Warrant as to pensions, etc., for the military forces to certain Polish forces, to enable the Assistance Board to meet the needs of, and to provide accommodation in camps or other establishments for, certain Poles and others associated with Polish forces, to provide for their requirements as respects health and educational services, to provide for making arrangements and meeting expenses in connection with their emigration, to modify as respects the Polish resettlement forces and past members of certain Polish forces provisions relating to the service of aliens in the forces of the Crown, to provide for the discipline and internal administration of certain Polish forces and to affirm the operation up to the passing of this Act of provision previously made therefor, and for purposes connected therewith and consequential thereon.
[27th March 1947]
C1Functions of Minister of Pensions now exercisable by Secretary of State: S.I. 1953/1198 (1953 I, (1953 I, p. 1228), Ministry of Social Security Act 1966 (c. 20), s. 2 and S.I. 1968/1699
C2Functions of Minister of Social Security now exercisable by Secretary of State: S.I. 1968/1699
C3Words of enactment omitted under authority of Statute Law Revision Act 1948 (c. 62), s. 3
C4A dagger appended to a marginal note means that it is no longer accurate
C5Act excluded (E.W.S.) by Forfeiture Act 1982 (c. 34, SIF 116:1), ss. 4, 5 and by S.I. 1982/1082 (N.I. 14), arts. 6, 7
(1)The Minister of Pensions may, with the consent of the Treasury, make a scheme for applying, in relation to the disablement or death, in consequence of service under British command of members of—
(a)the Polish naval detachment mentioned in the agreement made between His Majesty’s Government in the United Kingdom and the Government of Poland on the eighteenth day of November, nineteen hundred and thirty-nine,
(b)the Polish armed forces organised and employed under British command in pursuance of the agreement made as aforesaid on the fifth day of August, nineteen hundred and forty,
(c)the Polish resettlement forces,
provisions of His Majesty’s Royal Warrant of the twelfth day of April, nineteen hundred and forty-six, concerning retired pay, pensions and other grants for members of the military forces and of the nursing and auxiliary services thereof disabled, and for the widows, children, parents and other dependants of such members deceased, in consequence of service during the 1939 world war:
Provided that payments under a scheme made under this section shall be limited to such as fall due for payment before the expiration of five years from the passing of this Act, or such extended period, if any, as the Minister of Pensions, with the consent of the Treasury, may from time to time by order specify (but without prejudice to any provision which may be made by the scheme for the drawing thereafter of any such payments not drawn during that period, or the completion thereafter of pending proceedings on a claim which will, if successful, confer a title to payments which would have fallen due during that period had the claim been then accepted), and any such order may provide that the extension shall apply only to cases of any class or classes therein specified.
(2)The scheme may also include provision, as regards cases in which periodical payments in respect of the disablement or death of members of Polish forces not falling within paragraph (a), (b) or (c) of the preceding subsection are being made out of moneys provided by Parliament at the date of the coming into operation of that provision, for the continuance of any of those payments during a period not longer than one year from that date.
(3)Provisions of the said Royal Warrant applied by the scheme may be applied with modifications, or subject to conditions, limitations or exceptions, and the scheme shall contain provision for securing that no payment shall be made thereunder to or in respect of any person as to whom the Minister of Pensions is satisfied that he is resident in Poland.
(4)The scheme, or any substituted scheme made under this subsection, may be amended by an order made by the Minister of Pensions with the consent of the Treasury, and, if it appears to him to be expedient, having regard to amendments made or to be made in any such scheme, that a new scheme should be substituted therefor, he may, with the consent of the Treasury, make a substituted scheme and thereby revoke the former scheme.
(5)The scheme, or any substituted scheme or order made under the last preceding subsection, may provide that it shall come into operation, or shall be deemed to have come into operation, on such date as may be specified therein, whether before or after the passing of this Act, and different dates may be specified as respects different purposes or different provisions of the scheme or order.
(6)A scheme or order made under this section shall, for the purpose of section three of the M1Rules Publication Act, 1893 (which relates to the printing of statutory rules), be deemed to be statutory rules within the meaning of that Act.
(7)Payments under a scheme made under this section shall be made out of moneys provided by Parliament.
C1S. 1 amended by S.I. 1978/1526, art. 2, Sch. Pt. I
M11893 c. 66.
(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
(2)The said categories are—
(a)Poles whose registration under the Aliens Order,[S.R. & O. 1920/448.] 1920, took place on or after the first day of September, nineteen hundred and thirty-nine, and who have been permitted to enter, or to remain in, the United Kingdom in view of circumstances attributable to war, as to which, in case of doubt, a certificate of the Secretary of State shall be conclusive;
(b)former members of any of the forces mentioned in subsection (1) of section one of this Act (including the naval detachment therein mentioned), and members of any of those forces relegated from service therewith;
(c)wives of men of categories (a) and (b), and any woman who, having been the wife of a man of either of those categories, has ceased to be, and has not re-married;
(d)persons who have been permitted to enter the United Kingdom on or after the first day of September, nineteen hundred and thirty-nine, as being followers of a body of Polish forces entering the United Kingdom and dependent thereon or on members thereof, as to which, in case of doubt, a certificate of the Secretary of State shall be conclusive.
(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
F1Ss. 2(1)(3)(4), Sch. Part I repealed by National Assistance Act 1948 (c. 29), Sch. 7 Pt. III and Statute Law Revision Act 1953 c. 5 (2 & 3 Eliz. 2)
C1A dagger appended to a marginal note means that it is no longer accurate
C2The categories specified in s. 2(2) are categories of persons for whom benefits may be provided under s. 3
(1)[F1The Supplementary Benefits Commission] may provide accommodation in camps, hostels or other establishments for persons in Great Britain being of any of the categories specified in subsection (2) of the last preceding section, or dependants of persons of any of those categories or of members of any of the Polish resettlement forces serving therewith, or persons formerly dependent on a person who was of any of those categories, or was such a member of any of those forces, at that former time.
(2)The [F1Commission] may make provision for meeting the needs ([F2other than medical, surgical, optical, aural or dental needs], or needs as to education), and for promoting the welfare, of persons for whom accommodation is provided under this section, and may make such provision in such manner as appears to them most convenient, whether by themselves providing goods or services, by making payments to others for the provision thereof, . . . F3, or partly in one of those ways and partly in [F4the other].
(3)The [F1Commission] may make arrangements with any government department or other authority or person for the provision of benefits under this section, on behalf and at the expense of the [F1Minister of Social Security], by that authority or person.
(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5
(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5
(6)The [F1Minister] may from time to time fix for benefits provided under this section such scales of charges applicable in different circumstances as may appear to the [F1Minister], with the approval of the Treasury, to be appropriate, [F1and the Commission may] from time to time require payments for such benefits to be made in accordance with the provisions of Part II of the Schedule to this Act.
[F6(7)[F7sections 20 and 21 of the Supplementary Benefits Act 1976] shall apply as respects benefit under this section with the substitution, for references to expenditure incurred under that Act of references to expenditure incurred under this Act, and for references to any sum recoverable, or any benefit or liability, under that Act of references to any sum recoverable, or any benefit or liability, under this Act.]
(8)[F8The Commission] shall have, in relation to a person for whom they have power to provide accommodation under this section the like right [F8to complain to a magistrates’ court as is conferred by [F9section 18 of the Supplementary Benefits Act 1976] in relation to a person whose requirements are or are included in those of a person to whom benefit under that Act is paid or by whom such benefit is claimed, and the powers of the court under that section shall be exercisable on such complaint.]
[F10(9)The provisions of [F11section 26(3)(a) of the Supplementary Benefits Act 1976] shall apply to any proceedings under this section or under Part II of the Schedule to this Act.]
(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12
[F13(10A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12]
(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14
F1Words substituted by Ministry of Social Security Act 1966 (c. 20), s. 39(2), Sch. 6 para. 3(1)-(6)
F2Words substituted by S.I. 1951/174 (1951 I, p. 1369)
F3Words repealed by Social Security Act 1980 (c. 30, SIF 113:1), ss. 8, 20, 21, Sch. 4 para. 1(1)(b), Sch. 5 Pt. II
F4Words substituted by Social Security Act 1980 (c. 30, SIF 113:1), s. 20, Sch. 4 para. 1(1)(b)
F5S. 3(4)(5) repealed by Social Security Act 1980 (c. 30, SIF 113:1), ss. 8, 21, Sch. 5 Pt. II
F6S. 3(7) substituted by Ministry of Social Security Act 1966 (c. 20), s. 39(2), Sch. 6 para. 3(7)
F7Words substituted by Supplementary Benefits Act 1976 (c. 71, SIF 113:1), s. 35(2), Sch. 7 para. 1(b)
F8Words substituted by Ministry of Social Security Act 1966 (c. 20), s. 39(2), Sch. 6 para. 3(8)(10)
F9Words substituted by Supplementary Benefits Act 1976 (c. 71, SIF 113:1), s. 35(2), Sch. 7 para. 1(c)
F10S. 3(9) substituted by Ministry of Social Security Act 1966 (c. 20), s. 39(2), Sch. 6 para. 3(9)
F11Words substituted by Supplementary Benefits Act 1976 (c. 71, SIF 113:1), s. 35(2), Sch. 7 para. 1(d)
F12S. 3(10)(10A) repealed by Social Security Act 1980 (c. 30, SIF 113:1), ss. 8, 21, Sch. 5 Pt. II
F13S. 3(10A) added by Ministry of Social Security Act 1966 (c. 20), s. 39(2), Sch. 6 para. 3(11)
F14S. 3(11) repealed by Ministry of Social Security Act 1966 (c. 20), s. 39(2), Sch. 8
C1A dagger appended to a marginal note means that it is no longer accurate
C2References in s. 3 to the Supplementary Benefits Commission where ever occurring (except in s. 3(5)) are substituted by references to the Secretary of State by Social Security Act 1980 (c. 30, SIF 113:1), s. 20, Sch. 4 para. 1(1)(a)
X1S. 3 above extends to England and Wales and Scotland only. Next following s. 3 extends to Northern Ireland only
(1)The Board may provide accommodation in camps, hostels or other establishments for persons in Great Britain being of any of the categories specified in subsection (2) of the last preceding section, or dependants of persons of any of those categories or of members of any of the Polish resettlement forces serving therewith, or persons formerly dependent on a person who was of any of those categories, or was such a member of any of those forces, at that former time.
(2)The Board may make provision for meeting the needs ([F1other than medical, surgical, optical, aural or dental needs], or needs as to education), and for promoting the welfare, of persons for whom accommodation is provided under this section, and may make such provision in such manner as appears to them most convenient, whether by themselves providing goods or services, by making payments to others for the provision thereof, . . . F2, or partly in one of those ways and partly in [F3the other].
(3)The Board may make arrangements with any government department or other authority or person for the provision of benefits under this section, on behalf and at the expense of the Board, by that authority or person.
(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4
(5) . . . F4
(6)The Board may from time to time fix for benefits provided under this section such scales of charges applicable in different circumstances as may appear to the Board with the approval of the Treasury, to be appropriate, and may from time to time require payments for such benefits to be made in accordance with the provisions of Part II of the Schedule to this Act.
[F5(7)Sections 45 and 52 of the National Assistance Act 1948 (which provide respectively for the recovery of expenditure incurred by the Board in consequence of misrepresentation of non-disclosure, and for the prosecution of persons wilfully making false statements in connexion with the grant of benefits under that Act) shall apply as respects benefits under this section with the substitution, for references to expenditure incurred under that Act of references to expenditure incurred under this Act, and for references to any sum recoverable, or any benefit or liability, under that Act of references to any sum recoverable or any benefit or liability under this Act].
(8)The Board shall have, in relation to a person for which they have power to provide accommodation under this section the like right to complain [F1to a court of summary jurisdiction as is conferred upon them by section 43 of the National Assistance Act 1948 in relation to a person by reference to whose requirements assistance is given or applied for, and the powers of the court under that section shall be exercisable on such complaint.]
(9)The provisions of [F1subsection (4) of section 56 of the M1National Assistance Act 1948] as to proceedings on behalf of the Board shall apply to any such proceedings under this section or under Part II of the Schedule to this Act.
(10) . . . F4
(11)There shall be defrayed out of moneys provided by Parliament any increase attributable to the passing of this section in the sums payable out of such moneys under [section 61 of the National Assistance Act, 1948, and any sums received by the Board under this section or under section 43 or section 45 of that Act, as applied by this section, shall be paid into the Exchequer.]
F1Words substituted by S.I. 1951/174 (1951 I, p. 1369)
F2Words repealed by Social Security Act 1980 (c. 30, SIF 113:1), ss. 8, 21, Sch. 5 Pt. II
F3Words substituted by Social Security Act 1980 (c. 30, SIF 113:1), s. 21(5), Sch. 4 para. 1(1)(b)
F4S. 3(4)(5)(10) repealed by Social Security Act 1980 (c. 30, SIF 113:1), ss. 8, 21, Sch. 5 Pt. II
F5S. 3(7) substituted by Ministry of Social Security Act 1966 (c. 20), s. 39(2), Sch. 6 para. 3(7)
C1A dagger appended to a marginal note means that it is no longer accurate
C2
“The Board” means the National Assistance Board
M11948 c. 29.
X1S. 3 above extends to Northern Ireland only
(1)The Minister of Health may provide such services and do such things as appear to him to be requisite for meeting the . . . F1 needs as to mental or bodily health, of persons of any description [F2for whom the Secretary of State has power] to provide accommodation under section three of this Act, including any such services and things as are specified in The [F3National Health Service Act 1977], as services or things which, . . . F4 the Minister of Health, [F5Health Authorities] or other persons is or are authorised or required to provide or do, or may be authorised or required to provide or do, by or under [F3that Act], and any services and things the provision or doing of which is within the duties of [F6local social services authorities] under [F7the Mental Health Act 1983]
(2)The Minister of Health may make arrangements with any other government department or other authority or person for the provision of services or the doing of things under this section, on his behalf and at his expense, by that authority or person.
(3)The expenses of the Minister of Health under this section shall be defrayed out of moneys provided by Parliament.
F1Words repealed by Statute Law Revision Act 1953 c. 5 (2 & 3 Eliz. 2)
F2Words substituted by virtue of Social Security Act 1980 (c. 30, SIF 113:1), s. 20, Sch. 4 para. 1(2)
F3Words substituted by National Health Service Act 1977 (c. 49, SIF 113:2), s. 129, Sch. 15 para. 4
F4Words repealed by National Health Service Reorganisation Act 1973 (c. 32), ss. 57(3), 58(6), Sch. 5
F5Words in s. 4(1) substituted (28.6.1995 for enabling the making of any regulations, orders, directions, schemes or appointments for which they provide and 1.4.1996 for all other purposes) by virtue of 1995 c. 17, s. 2(1)(3), 4(2), 8(1) Sch. 1 Pt. III para. 86 (with Sch. 2 para. 6)
F6Words substituted by National Health Service Reorganisation Act 1973 (c. 32), ss. 57(3), 58(6), Sch. 4 para. 40
F7Words substituted by virtue of Mental Health Act 1983 (c. 20, SIF 85), s. 148, Sch. 4 para. 8
C1Functions of Minister of Health now exercisable by Secretary of State: S.I. 1968/1699
C2S. 4: Functions transferred (W.) (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1
X1S. 4 above extends to England and Wales and Northern Ireland only. Next following s. 4 extends to Scotland only
(1)The Secretary of State may provide such services and do such things as appear to him to be requisite for meeting the . . . F1 needs as to mental or bodily health, of persons of any description [F2for whom the Secretary of State has power] to provide accommodation under section three of this Act, including any such services and things as are specified in the National Health Service (Scotland) Acts 1947 to 1972, as services or things which . . . F3 the Secretary of State, [F4Health Boards], executive councils or other persons is or are authorised or required to provide or do, or may be authorised or required to provide or do, by or under that Act, and any services and things the provision or doing of which is within the duties of local authorities under the M1Mental Health (Scotland) Act, 1960.
(2)The Secretary of State may make arrangements with any other government department or other authority or person for the provision of services or the doing of things under this section, on his behalf and at his expense, by that authority or person.
(3)The expenses of the Secretary of State under this section shall be defrayed out of moneys provided by Parliament.
F1Words repealed by Statute Law Revision Act 1953 c. 5 (2 & 3 Eliz. 2)
F2Words substituted by virtue of Social Security Act 1980 (c. 30, SIF 113:1), s. 20, Sch. 4 para. 1(2)
F3Words repealed by National Health Service (Scotland) Act 1972 (c. 58), Sch. 7 Pt. II
F4Words substituted by National Health Service (Scotland) Act 1972 (c. 58), Sch. 6 para. 77
M11960 c.61.
X1S. 4 above extends to Scotland only
F1Ss. 5, 8, 9, 12(2) repealed by Statute Law Revision Act 1953 c. 5 (2 & 3 Eliz. 2)
(1)The Minister of Education may, for meeting the educational needs of persons being of any description [F1for whom the Secretary of State has power] to provide accommodation under section three of this Act . . . F2, provide any such services and do any such things as a local education authority or the Minister of Education are or is authorised or required to provide or do, or may be authorised or required to provide or do, by or under the M1Education Acts, 1944 and M21946.
(2)The Minister of Education may make arrangements with any other government department or other authority or person for the provision of services or the doing of things under this section, on his behalf and at his expense, by that authority or person.
(3)The expenses of the Minister of Education under this section shall be defrayed out of moneys provided by Parliament.
F1Words substituted by virtue of Social Security Act 1980 (c. 30, SIF 113:1), s. 20, Sch. 4 para. 1(2)
F2Words repealed by Statute Law Revision Act 1953 c. 5 (2 & 3 Eliz. 2)
C1Functions of Minister of Education now exercisable by Secretary of State for Education and Science: S.I. 1964/490
C2
“the Assistance Board” means the National Assistance Board
C3S. 6: Functions transferred (W.) (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1
M11944 c. 31.
M21946 c. 50.
Polish Resettlement Act 1947