MINISTERIAL OFFICES ACT (NORTHERN IRELAND) 1952

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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)

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Northern Irish Legislation

MINISTERIAL OFFICES ACT (NORTHERN IRELAND) 1952 - SECT 1