§ 1. A Commissioner to whom this scheme applies shall qualify for a pension under this scheme—
- (a) on vacating his office because, in the opinion of the Lord Chancellor, he is unfit to perform his duties by reason of ill health;
- (b) on the termination of the period of his appointment (including any period of reappointment);
- (c) on resignation;
§ Provided that, in the circumstances referred to in sub-paragraphs (b) and (c), if the Commissioner has not then attained the age of sixty, the pension shall not become payable until he reaches that age unless the Lord Chancellor otherwise determines on compassionate grounds.
§ 2. There may be granted to a Commissioner qualifying for a pension under this scheme an annual allowance not exceeding one-sixtieth of the average annual amount of the salary paid to him during the last three years of his appointment, or, where it is less, during the total period of his appointment, for each completed year of his service up to eight with an addition of—
- (i) one-thirtieth of that salary for each completed year's service in excess of eight up to thirteen; and
- (ii) one-twentieth of that salary for each completed year's service in excess of thirteen up to fifteen.
§ 3. Where a person in receipt of a pension under this scheme dies leaving a widow, there may be paid to her (unless his marriage took place after his retirement) an annual pension of one-third of the annual pension paid to that person.
§ 4. On the death of a Commissioner—
- (a) there shall be paid to his widow one-third of the pension which would have been payable to him had he then vacated his office because of ill health; and
- (b) there shall be paid to his personal representative a sum equal to the average annual amount of his salary during the last three years of his appointment, or, where it is less, during the total period of his appointment.
§ 5. In return for the benefits conferred under paragraphs 3 and 4 of this scheme, a Commissioner shall pay, at such times and in such manner as the Treasury may determine, a contribution of one and two-thirds per cent. of the total amount of the salary from time to time payable to him.
§ Sir J. Hobson
asked the Minister without Portfolio which Commissioners of the Law Commission have been appointed without relinquishing any judicial office held by them, and which those judicial offices are; and what, in each case, are the special terms of appointment as a Law Commissioner relating to the performance of the duties of his judicial office.
§ Sir Eric Fletcher
Mr. Justice Scarman remains a Judge of the High Court, but will not normally sit as such while holding the appointment of Chairman of the Commission. He will not relinquish his appointment of Deputy Chairman of the Devon Quarter Sessions. Mr. Neil Lawson, Q.C., will continue to act as Recorder of Folkestone.