The Naval, Military and Air Forces etc. (Modification of Enactments and other Instruments) Order 1978

• Citation: S.I. 1978/1526
• Sections: 2

Section 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.

Section 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.