SCOTTISH LAND COURT BILL. (Hansard, 17 May 1938)

§ LORD STRATHCONA AND MOUNT ROYAL

My Lords, in moving the Second Reading of this Bill all I need say is that its object is to provide for the retirement of members of the Scottish Land Court (other than the Chairman) at age 65 and for the grant of superannuation allowances. These members, other than 103 the Chairman, have been appointed on the express condition of retirement at 65, a condition which was assumed to be in conformity with the Small Landholders (Scotland) Act, 1911, under which the Court was set up. Last year, however, the Court of Session held that such a condition was ultra vires, and that members of the Land Court hold office for life, or until removal under the statutory provisions for inability or misbehaviour. In the view of His Majesty's Government it is in the public interest that statutory provision should now be made for the retirement of members of the Land Court (other than the Chairman) at 65. At the same time provision is made in the Bill for the grant of superannuation allowances on retirement. In detail, this is the effect of the Bill: (1) It requires members of the Land Court appointed in the future (other than the Chairman) to retire at age 65; (2) it provides for the application to future members of the Superannuation Acts, 1834–1935 (i.e. the Acts regulating superannuation in the Civil Service); (3) it requires the retirement, on the date when the Bill becomes law, of any existing member who has then attained age 104 65, and authorises the payment in any such case of a retiring allowance at the rate of £500 per annum; (4) it requires any existing member who has not attained age 65 when the Bill becomes law to retire on reaching that age, and to exercise within three months from the date when the Bill becomes law an option to receive on retirement either an allowance at the rate of £500 per annum, or such allowance as may be payable under the provisions of the Bill to members appointed in the future. I beg to move.