The War Pensions Committees Regulations 1990

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 1975[^f00001] and sections 25(1), (2) and (3), 29(1), and 30(1) of the Social Security Act 1989[^f00002], and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation, commencement and interpretation

1

• (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.

Establishment of War Pensions Committees

2

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.

Membership of Committee (except Northern Ireland War Pensions Committee)

3

• (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.

Membership of the Northern Ireland War Pensions Committee

4

• (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.

Constitution, proceedings etc of Committees

5

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

Functions

6

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.

Recommendations

7

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.

Reports

8

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.

Voluntary workers

9

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.

Accounts

10

• (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.

SCHEDULE 1

1

Avon, Dorset, Gloucestershire and Wiltshire War Pensions Committee

2

Bedfordshire, Buckinghamshire, Hertfordshire and Oxfordshire War Pensions Committee

3

Cambridgeshire, Norfolk and Suffolk War Pensions Committee

4

Central Scotland War Pensions Committee

5

Clwyd, Dyfed, Gwynedd and Powys War Pensions Committee

6

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

7

Derbyshire, Leicestershire and Staffordshire War Pensions Committee

8

East and West Sussex War Pensions Committee

9

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

10

Glamorgan and Gwent War Pensions Committee

11

Hampshire, Surrey and Berkshire War Pensions Committee

12

Kent War Pensions Committee

13

Lincolnshire and Nottinghamshire War Pensions Committee

14

London North War Pensions Committee

15

London South War Pensions Committee

16

North of Scotland War Pensions Committee

17

North West (Central) War Pensions Committee

18

North West (East) War Pensions Committee

19

North West (South) War Pensions Committee

20

North West (North) War Pensions Committee

21

North Yorkshire and Cleveland War Pensions Committee

22

Northumbria War Pensions Committee

23

South East Scotland War Pensions Committee

24

South West Scotland War Pensions Committee

25

South Yorkshire and Humberside War Pensions Committee

26

West Midlands and Northants War Pensions Committee

27

West and South West Midlands War Pensions Committee

28

West Yorkshire War Pensions Committee

29

Northern Ireland War Pensions Committee

SCHEDULE 2 — CONSTITUTION, PROCEEDINGS AND MANNER OF DISCHARGING FUNCTIONS OF COMMITTEES

Members

1

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.

2

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.

3

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

4

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

Chairman and Vice-Chairman

5

• (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.

6

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.

Proceedings

7

• (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.

8

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.

9

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

10

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.

11

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

12

• (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.

Minutes

13

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.

Sub-committees

14

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).

15

• (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.

16

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.

Signed

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

Henley — Parliamentary Under-Secretary of State, — Department of Social Security — 3rd July 1990

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.

Footnotes

[^f00001]: 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.

[^f00002]: 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).