Citation, commencement and interpretation

1

This Order shall be cited as the Naval Medical Compassionate Fund Order 2008 and shall come into force on 11th December 2008.

NOTES
Initial Commencement
Specified date

Specified date: 11 December 2008: see above.

2

2

In this Order—

“the Fund” means the Naval Medical Compassionate Fund; and

“the Trustee” means the Royal Navy and Royal Marines Charity, a registered charity with the number 1117794 and a company limited by guarantee registered at Companies House with number 6047294, which is specifically granted the power to act as trustee of charitable trusts.

NOTES
Initial Commencement
Specified date

Specified date: 11 December 2008: see art 1.

Equity & Trusts97 Trusts & Trustees97

Management of the Fund

3

Management of the Fund3

The Fund shall be vested in the Trustee.

NOTES
Initial Commencement
Specified date

Specified date: 11 December 2008: see art 1.

Equity & Trusts99 Trusts & Trustees99

4

4

The Trustee shall appoint a committee (to be known as “the Management Committee”), whose purpose shall be to manage the Fund and to advise the Trustee on matters relating to the fund.

NOTES
Initial Commencement
Specified date

Specified date: 11 December 2008: see art 1.

Equity & Trusts99 Trusts & Trustees99

5

5

The Management Committee shall at all times include at least one person who represents the interests of the Royal Naval Medical Service.

NOTES
Initial Commencement
Specified date

Specified date: 11 December 2008: see art 1.

Annual General Meeting of the Fund

6

Annual General Meeting of the Fund6

There shall be an Annual General Meeting of the Fund which shall be on a date announced in a Royal Navy Temporary Memorandum which all members of the Fund may attend.

NOTES
Initial Commencement
Specified date

Specified date: 11 December 2008: see art 1.

7

7

Any annual statements of account prepared in respect of the Fund in accordance with any enactment shall be made accessible to all members of the Fund attending the Annual General Meeting.

NOTES
Initial Commencement
Specified date

Specified date: 11 December 2008: see art 1.

Investment of the Fund

8

Investment of the Fund8

The Fund shall be invested in the name of the Trustee or its nominee in such investments as the Trustee may in its absolute discretion determine as if it were absolutely entitled to the assets of the Fund.

NOTES
Initial Commencement
Specified date

Specified date: 11 December 2008: see art 1.

Equity & Trusts99 Trusts & Trustees99

Payments from the Fund

9

Payments from the Fund9

Subject to the payment of all proper outgoings, the Trustee shall in each calendar year and at meetings to be held in that year on such date or dates as the Trustee shall determine, distribute among the eligible beneficiaries so much of the income of the Fund, including annual subscriptions to the Fund, as the Trustee shall in its own discretion determine.

NOTES
Initial Commencement
Specified date

Specified date: 11 December 2008: see art 1.

Equity & Trusts99 Trusts & Trustees99

Unspent income

10

Unspent income10

Any unspent income shall be added to the capital of the Fund.

NOTES
Initial Commencement
Specified date

Specified date: 11 December 2008: see art 1.

Eligibility for Fund membership

11

Eligibility for Fund membership11

Medical Officers who undertake full time service in the Royal Navy may become members of the Fund, but Officers who have become members of the Fund while on full time service may continue as members after being placed on the Retired or Reserved Lists or after resignation of Commission.

NOTES
Initial Commencement
Specified date

Specified date: 11 December 2008: see art 1.

Subscription to the Fund

12

Subscription to the Fund12

Members of the Fund must pay an annual subscription or a life subscription to the Fund.

NOTES
Initial Commencement
Specified date

Specified date: 11 December 2008: see art 1.

13

13

The annual subscription shall be such sum as the Trustee may decide and is payable on the 1st day of January each year to the Trustee or its nominee.

NOTES
Initial Commencement
Specified date

Specified date: 11 December 2008: see art 1.

Equity & Trusts99 Trusts & Trustees99

14

14

A person eligible to become or continue as a member of the Fund may pay to the Trustee or its nominee a life subscription. The amount to be paid for a life subscription shall be such sum as may from time to time be determined by the Trustee.

NOTES
Initial Commencement
Specified date

Specified date: 11 December 2008: see art 1.

Equity & Trusts99 Trusts & Trustees99

15

15

Where a person pays a life subscription in accordance with Article 14, that person shall be a member of the Fund for the remainder of their life.

NOTES
Initial Commencement
Specified date

Specified date: 11 December 2008: see art 1.

Eligibility for assistance from the Fund

16

Eligibility for assistance from the Fund16

At the discretion of the Trustee, the following shall be eligible for financial assistance to be paid from the Fund—

(a)    any orphan, surviving spouse or civil partner of any person who at the time of the making of this Order has contributed to the Fund;

(b)    any orphan, surviving spouse or civil partner of a person who becomes a member of the Fund after that time, provided that—

(i)    the member had before their death paid a life subscription, or

(ii)    at the time of the member's death their annual subscription was not more than 9 months in arrear.

NOTES
Initial Commencement
Specified date

Specified date: 11 December 2008: see art 1.

Unmarried Partners94 Equity & Trusts99 Trusts & Trustees99 Family Law94

Trustee expenses

17

Trustee expenses17

The Trustee shall be reimbursed out of the income of the Fund for all proper expenses incurred by it in performing its duties.

NOTES
Initial Commencement
Specified date

Specified date: 11 December 2008: see art 1.

Equity & Trusts99 Trusts & Trustees99

Revocation

18

Revocation18

The Orders specified in Schedule 1 are revoked.

NOTES
Initial Commencement
Specified date

Specified date: 11 December 2008: see art 1.

Signature

Judith Simpson

Clerk of the Privy Council

SCHEDULE 1 Revocations

SCHEDULE 1Revocations Article 18
OrderReference
Order in Council approving Standing Orders and Regulations for the Government of the Naval Medical Compassionate Fund (1915)1915/769
Order in Council Amending Clause 6 of the Standing Orders and Regulations Approved by Order in Council of July 28th 1915, for the Naval Medical Compassionate Fund1919/884
Naval Medical Compassionate Fund (Amendment) Order 19671967/1484
Naval Medical Compassionate Fund (Amendment) Order 19771977/819
Naval Medical Compassionate Fund (Amendment) Order 19881988/1294
Naval Medical Compassionate Fund (Amendment) Order 19911991/994
Naval Medical Compassionate Fund (Amendment) Order 19951995/1965
Naval Medical Compassionate Fund (Amendment) Order 19961996/3213
Naval Medical Compassionate Fund (Amendment) Order 20052005/3185
Naval Medical Compassionate Fund (Amendment) Order 20082008/1488
NOTES
Initial Commencement
Specified date

Specified date: 11 December 2008: see art 1.

EXPLANATORY NOTE

EXPLANATORY NOTE (This note is not part of the Order)

This Order revokes all Orders pursuant to which the Standing Orders and Regulations for the Constitution and Government of the Naval Medical Compassionate Fund were made. It further provides for the Royal Navy and Royal Marines Charity to be appointed as the sole Trustee of the Fund (Article 3) and for the establishment of a Management Committee to manage the Fund (Article 4). It makes provision regarding eligibility for membership of the Fund (Article 11), subscription to the Fund (Articles 12, 13, 14 and 15) and eligibility for financial assistance from the Fund (Article 16).

Equity & Trusts99 Trusts & Trustees99