HC Deb 03 April 1973 vol 854 cc364-5


'(1) In the Resident Magistrates' Pensions Act (Northern Ireland) 1960 the definition of "retiring salary" in section 22(1) shall be amended by omitting the word "average" and by substituting for the words "during the three years immediately preceding the date of his retirement" the words "immediately before his retirement". (2) This section shall not affect any pension or other benefit payable to or in respect of a person who retired or died before the coming into force of this section. (3) For the purposes of section 6 of the Government of Ireland Act 1920 this section shall be deemed to have been passed before the appointed day within the meaning of that section '.—[The Solicitor-General.]

Brought up, and read the First time.

The Solicitor-General

I beg to move, That the clause be read a Second time.

If it is convenient for the House, perhaps we may discuss at the same time Amendment No. 15, in Clause 19, page 17, line 18, leave out 'and 16' and insert '16 and "pensions of resident magistrates in Northern Ireland"'. This new clause is intended to amend the definition of "retiring salary" contained in Section 22(1) of the Resident Magistrates' Pensions Act (Northern Ireland) 1960, so as to provide that this expression means the salary in payment immediately prior to retirement. At present "retiring salary" is defined under that Act as meaning the average of the last three years of service.

Subsection (1) of the new clause brings the definition into line with that applied to stipendiary magistrates in England and Wales since 1960 by virtue of the Administration of Justice (Judge and Pensions) Act of that year.

Subsection (2) is self-explanatory, and ensures that existing pensions will not be affected. Subsection (3) is the formality which is required to comply with the Government of Ireland Act of 1920.

I am sure that the House will agree that the same provision for pensions should apply throughout the United Kingdom.

Question put and agreed to.

Clause read a Second time, and added to the Bill.

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