MINISTERIAL SALARIES AND MEMBERS' PENSIONS ACT (NORTHERN IRELAND) 1965

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MINISTERIAL SALARIES AND MEMBERS' PENSIONS ACT (NORTHERN IRELAND) 1965 - SECT 19

Short title and commencement.

19.(1) This Act may be cited as the Ministerial Salaries and Members' Pensions
Act (Northern Ireland) 1965.

(2) Commencement

Schedule 1 rep. by SI 1973/2163 art.14(2) sch.6

1. The Trustees shall be not more than five in number.

2. No person shall be appointed to be a Trustee unless he is a Member of the
House of Commons and, on ceasing to be a Member of the House of Commons, a
Trustee shall vacate his office.

3. The Trustees may act by a majority of those present at any meeting of the
Trustees at which a quorum is present.

4. The procedure of the Trustees shall subject to the provisions of this Act
be such as the Trustees may determine, and the quorum for any meeting of the
Trustees shall be three.

5. A direction of the Trustees shall continue in force until revoked by a
subsequent direction of the Trustees, notwithstanding any changes in the
persons who are Trustees and notwithstanding that, by reason of a Dissolution
of Parliament or any other reason, there are for a time no Trustees.

6. The assets of the Fund shall be vested in the Ministry and all sums payable
to or out of the income or capital of the Fund shall be paid to or by
the Ministry.

7. The management of the Fund and the exercise of any power or discretion
exercisable in relation thereto shall be vested in the Trustees.

8. The Ministry shall have the custody of all securities and documents of
title relating to the property of the Fund but the Trustees shall have free
access thereto and be entitled to take copies thereof or extracts therefrom.

9. The Ministry shall concur in and perform all acts necessary to enable the
Trustees to exercise their powers of management or any other power or
discretion vested in them, unless the matter in which the Ministry is
requested to concur is a breach of trust or involves a liability upon it in
respect of calls or otherwise, but unless it so concurs the Ministry shall not
be liable for any act or default on the part of the Trustees or any of them.

10. The Ministry, if it acts in good faith, shall not be liable for accepting
as correct and acting upon the faith of any statement of the Trustees as to
any matter of fact, nor for acting upon any legal advice obtained by the
Trustees independently of the Ministry, nor for acting in accordance with any
directions given by the Ministry in writing and purporting to be signed by or
on behalf of the Trustees.

11. The Trustees may employ such officers and servants, if any, as they think
necessary in connection with the management of the Fund; and the expenses of
managing it, including any fee payable to the Comptroller and Auditor-General
and the remuneration and pensions, or contributions towards the pensions,
payable to or in respect of officers and servants employed by the Trustees,
shall be defrayed out of the Fund.

12. The Trustees shall keep proper accounts, ..., and shall prepare in respect
of each financial year of the Fund statements of account in such form and in
such manner as the Comptroller and Auditor-General may direct.

13. The Comptroller and Auditor-General shall examine and certify every
statement of account prepared under paragraph 12 and shall lay a copy of every
such statement, together with his report thereon, before the House of Commons.

Paras. 14,15 rep. by 1976 NI 8 art.3(2)

1. In this Schedule "the deceased" means the person on whose death a
children's pension is or may be payable under section 9, and "child" has the
same meaning as in that section.

2. For the purposes of the said section 9 a child shall be treated as within
his period of full-time education while either

(a)he is receiving full-time instruction at any university, college, school or
other educational establishment; or

(b)he is undergoing full-time or substantially full-time training for any
trade, profession or vocation;

3. A child shall not be treated as a relevant child for the purposes of the
said section 9

(a)as being an illegitimate or adopted child of the deceased, if he was born
or adopted, as the case may be, after the termination of the marriage or last
marriage of the deceased;

(b)as being the child of a wife of the deceased, if he was born or became her
child after the termination of her marriage with the deceased;

4. A child shall not be treated as a relevant child for the purposes of the
said section 9 as being

(a)the illegitimate child of the deceased; or

(b)a child of a wife of the deceased,

5. A female child shall not be treated as a relevant child for the purposes of
the said section 9, if, at the date of the death of the deceased, she is
married to or cohabiting with another person; and a female child who
thereafter marries or cohabits with another person shall thereupon cease to be
a relevant child unless and until the Trustees, being satisfied that the
marriage or cohabitation has been terminated or that for exceptional reason it
is proper to do so, direct that she be so treated.

6. Where the deceased was a woman, no child of any marriage of hers shall be a
relevant child for the purposes of the said section 9 if the father of the
child was living at the death of the deceased unless the Trustees for
exceptional reasons direct that the child be so treated.

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Northern Irish Legislation

MINISTERIAL SALARIES AND MEMBERS' PENSIONS ACT (NORTHERN IRELAND) 1965 - SECT 19