[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
	Statutes of Northern Ireland
You are here: BAILII >> Databases >> Statutes of Northern Ireland >> URL: http://www.bailii.org/nie/legis/num_act/moai1952355.txt

[New search] [Help]

MINISTERIAL OFFICES ACT (NORTHERN IRELAND) 1952

MINISTERIAL OFFICES ACT (NORTHERN IRELAND) 1952 - LONG TITLE

An Act to provide for the payment of pensions in respect of
Ministerial offices and of salary to the Minister of Northern
Ireland in the Senate; and for purposes connected with the matters
aforesaid.
[3rd July 1952]
Pensions payable in respect of Ministerial offices.

MINISTERIAL OFFICES ACT (NORTHERN IRELAND) 1952 - SECT 1

1.(1) Subject to the provisions of this section, the Minister of
Finance may... award to any person over the age of fifty who

(a)has for an aggregate period of at least five years held

(i)any office as a Minister of Northern Ireland; or

(ii)any Ministerial office, the portion of the period for which he
held office as Minister of Northern Ireland being not less than
three years; and

(b)has ceased to hold any Ministerial office and to be a member of
either House of Parliment or of [the Commons House of the
Parliament of the United Kingdom];

(2) The amount of the annual sum so payable shall not exceed

(a)where the person to whom it is payable has held any Ministerial
office for an aggregate period of more than five but less than
seven years, [seven hundred pounds];

(b)where the person to whom it is payable has held any Ministerial
office for an aggregate period of more than seven but less than
ten years, [one thousand and fifty pounds];

(c)where the person to whom it is payable has held any Ministerial
office for an aggregate period of ten years or more, [one thousand
and four hundred pounds].

(3) . . . the award of a pension under this section to any
person under the age of sixty shall not be made unless [the
Minister of Finance] is satisfied by means of a medical certificate
that, by reason of infirmity of mind or body, that person has
become incapable of discharging the duties of his office, and that
the incapacity is likely to be permanent.

(4) Where a person in receipt of a pension under this section is
re-appointed to any Ministerial office, the payment of any annual
sum payable to him under this section shall be suspended during any
period for which he holds that office but at the end of that
period the annual sum shall again be payable and the maximum amount
thereof shall be recalculated under the last preceding sub-section
with the addition for the purposes of such recalculation of that
period to the period of his former service.

(5) Where a person in receipt of a pension under this section
becomes a member of either House of Parliament or of [the Commons
House of the Parliament of the United Kingdom] but is not
re-appointed to any Ministerial office the payment of any annual sum
payable to him under this section shall be suspended during such
time as he remains such member.

[(5A) No pension shall be payable under this section to any person
who is entitled to a pension under section 15 of the Ministerial
Salaries and Members' Pensions Act (Northern Ireland) 1965.

(5B) Where a person to whom a pension is payable under this
section is entitled to any pension under the provisions of Part II
of the Ministerial Salaries and Members' Pensions Act 1965 or Part
II of the Ministerial Salaries and Members' Pensions Act (Northern
Ireland) 1965, the payment of the pension under this section shall,
if the amount of the pension, or the aggregate amount of the
pensions, payable under those provisions is greater than or equal to
the amount of the pension payable under this section, be suspended
and, if less, the amount of the pension payable under this section
shall be diminished by the amount of the pension, or aggregate
amount of the pensions, payable under those provisions.]

(6) Where a person to whom a pension is payable under this section
is entitled to any emolument (including any salary, compensation,
superannuation allowance or pension) which is payable in respect of
his service in any public office or employment in any part of Her
Majesty's dominions (other than service in the armed forces of the
Crown) he shall forthwith deliver to the Ministry of Finance a
declaration signed by him stating the nature and amount of that
emolument and, so long as he receives the emolument, the payment of
the pension under this section shall if the amount of the emolument
is greater than or equal to the pension, be suspended, and if less
be diminished by the amount of the emolument.

(7) The decision of the Ministry of Finance shall be final on any
question arising as to

(a)the application of any of the provisions of this section to any
person; or

(b)the amount of any pension under this section; or

(c)the reckoning of any service for the purpose of calculating any
pension under this section.

(8) A pension under this section shall be charged on and paid out
of the Consolidated Fund and shall be payable quarterly or otherwise
in every year as the Ministry of Finance may determine.

(9) In this section

(a)the expression "Minister of Northern Ireland" means the Prime
Minister, [and Ministers of Northern Ireland (whether or not heads
of departments)];

(b)the expression "Ministerial office" means the office of Minister
of Northern Ireland and the office of [Senior Parliamentary Secretary
or] Parliamentary Secretary or Assistant Parliamentary Secretary of
any department of the Government of Northern Ireland; and

(c)references to a period for which a person has held Ministerial
office include references to any such period occurring before the
passing of this Act.

S.2 rep. by 1955 c.28 (NI) s.4(3)

MINISTERIAL OFFICES ACT (NORTHERN IRELAND) 1952 - SECT 3
Short title.

3. This Act may be cited as the Ministerial Offices Act (Northern
Ireland), 1952.