HC Deb 28 March 1944 vol 398 cc1254-5W
Mr. W. J. Brown

asked the Financial Secretary to the Treasury under what statutory authority Article 15 of the Order in Council of 10th January, 1910, which provides for compulsory retirement of civil servants on attaining the age of 65 and which limits any exclusions from this Order to a further period not exceeding five years, is not applicable to the post of Permanent Secretary to the Lord Chancellor's Department.

Mr. Assheton

The authority is Section 127 of the Supreme Court of Judicature (Consolidation) Act, 1925.

Mr. W. J. Brown

asked the Financial Secretary to the Treasury what statutory authority exists for the exclusion of the post of Permanent Secretary to the Lord Chancellor's Department from the provisions of Section 1 (2) of the Superannuation Act of 1909, which provides for a deduction from the amount of the additional allowance granted to civil servants who remain beyond the age of 65 years.

Mr. Assheton

The hon. Member would appear to be under a misapprehension. The Permanent Secretary to the Lord Chancellor is pensionable either under Section 128 of the Supreme Court of Judicature (Consolidation) Act, 1925, or, in certain circumstances, under the ordinary provisions of the Superannuation Acts. In the former case, no lump sum additional allowance is payable. In the latter case, under current conditions an additional allowance is payable and is subject to the normal rule regarding deductions from that allowance for every completed year of service after the age of 65.