HL Deb 10 June 1931 vol 81 cc98-100

MODIFICATIONS OF MIDDLESEX COUNTY COUNCLL SUPERANNUATION ACTS, 1921 TO 1930.

1. The provisions of the Acts of 1921 to 1930, relating to the superannuation of officers, shall apply—

  1. (a) as respects every clerk of the council of the county of Middlesex appointed after the passing of this Act subject, in the ease of any person who in addition to holding office as clerk of a county council also holds office as clerk of the peace of the county, to the modification that his salary as cleric of the county council shall, for the purposes of determining the amount of the contributions to be made by and in respect of him and of calculating the amount of any superannuation allowance payable to him under the provisions of those Acts, be deemed to be increased by an amount equal to his salary as clerk of the peace (including any payment made to him as such for his own use) so however, that if any such person holds the office of clerk of the peace after having been dismissed from the office of clerk of the county council, any superannuation allowance payable to him in respect of any period while he so holds the office of clerk of the peace shall be of such amount only as would have been payable to him if this modification had not been applicable in his case;
  2. 99
  3. (b) as respects the clerk of the peace and county council for the county of Middlesex appointed before the passing of the Act of 1921, subject to the modifications that subsection (2) of Section forty-seven of the Act of 1930 shall not apply and that as from the passing of this Act the council of the county of Middlesex Shall pay to him a sum equal to the amount of the contributions paid by him to the superannuation fund established under those Acts without any interest thereon, and no further contributions shall be made in respect of him to that fund, so, however, that all his service until he attains the age of sixty-five years shall nevertheless be deemed to be contributing service, and for the purposes of the provisions of those Acts relating to payments in the case of death he shall be deemed to have made all the contributions which would have been payable by him but for this provision;
  4. (c) as respect any person who, immediately before the passing of this Act, held office as deputy clerk of the peace of the county of Middlesex or as an officer in the service in an established capacity of the clerk of the peace in his office as clerk of the peace of that county, as if, in the office so held by him he had been and continued to be in the whole-time service of the county council:

Provided that, for the purposes of the application of the said provisions as respects the person who immediately before the commencement of the Act of 1921 held office as deputy clerk of the peace of the county of Middlesex, subsection (1) of Section twenty-three of that Act shall apply as if he had attained the age of sixty-five years on the date on which he resigns office and as if a resolution relating to him had been passed by the council under Section forty-eight of that Act specifying the maximum number of years which may lawfully be specified in any such resolution or such number as will, with his actual number of years of service or aggregate years of service amount on that date to forty, whichever is the less, so, however, that this proviso shall not apply as respects any person to whom the provisions of the Acts of 1921 to 1930 become applicable by virtue of sub-paragraph (a) of this paragraph subject to the modification therein mentioned, and the deputy clerk aforesaid shall not be deemed to have resigned office until the expiration of three months after notice in writing given by him of his resignation from the office of deputy clerk of the peace and every other office held by him under the county council or joint committee.

2. Paragraph (2) of Section forty-four of the Act of 1921 (which relates to the vacation of the office of clerk of the peace on the ground of age) shall apply as respects the clerk of the peace and county-council for the county of Middlesex appointed before the commencement of that Act in relation both to the office of clerk of the peace and to the office of clerk of the county council.

3. Save as hereinbefore in this Schedule expressly provided, the Acts of 1921 to 1930 shall cease to apply as respects any clerk of the county council, clerk of the peace, deputy clerk of the peace, or officer in the service in ail established capacity of the clerk of the peace in his office as clerk of the peace.

4. Any officer to whom the Acts of 1921 to 1930, as modified by the foregoing provisions of this Schedule, would apply if he were a whole-time officer, shall not be deemed for the purposes of those Acts to be other than a whole-time officer by reason only of his holding the office of clerk of the peace or deputy clerk of the peace or being, with the consent of the county council, in the service of the clerk of the peace for the purposes of his office as such clerk.

5. In this Schedule, the expression the Acts of 1921 to 1930 ' means the Middlesex County Council Superannuation Acts, 1921 to 1930, the expression the Act of 1921 ' means the Middlesex County Council (General Powers) Act, 1921, and the expression the Act of 1930' means the Middlesex County Council Act, 1930.")—(The Earl of Malmesbury.)

THE UNDER-SECRETARY OF STATE FOR INDIA (LORD SNELL)

My Lords, as the noble Earl has explained, the Amendments on the Paper are agreed to by those interested in the Bill and the general principle of the Bill has been accepted by your Lordships' House. In the Second Reading debate last December, the proposals in the Bill were accepted by my noble and learned friend the Leader of the House and they have the assent of other parties. The Amendments on the Paper have been examined and are agreed to by those who are specially interested in promoting this Bill and they raise no question of difficulty. The Government will offer no objection to their being passed. Perhaps the fact of my making this general statement will save your Lordships' time.

On Question, Amendments agreed to.