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COUNTY COURTS ACT (NORTHERN IRELAND) 1959 - SECT 125

Meaning of ""period of childhood and full-time education''.

125.(1) A person shall be deemed for the purposes of section one hundred and
twenty-four to be in his period of childhood and full-time education while
either

(a)he is under the age of sixteen; or

(b)he is receiving full-time instruction at any university, college, school or
other educational establishment; or

(c)he is undergoing training by any person (hereinafter referred to as "the
employer") for any trade, profession or vocation in such circumstances that

(i)he is required to devote the whole of his time to the training for a period
of not less than two years; and

(ii)while he is undergoing the training, the emoluments receivable by him, or
payable by the employer in respect of him, do not exceed [#104] a year,
exclusive of any emoluments receivable or payable by way of return of any
premium paid in respect of the training:

Provided that a person shall not be deemed for the purposes of this section to
satisfy the conditions specified in paragraph (b) or the conditions specified
in paragraph (c), unless there has up till then been no time since he attained
the age of sixteen when he did not satisfy one or other of those conditions.
Any period of whole-time service in the armed forces of the Crown under the
National Service Acts, 1948 to 1955, shall be ignored for the purposes of this
proviso.

(2) In sub-section (1) the expression "emolument" means any salary, fees,
wages, perquisites or profits or gains whatsoever, and includes the value of
free board, lodging or clothing, and, for the purposes of sub-paragraph (ii)
of paragraph (c) of that sub-section, where a premium has been paid in respect
of the training of a person, all emoluments at any time receivable by him, or
payable by the employer in respect of him, shall be deemed to be receivable or
payable by way of return of the premium, unless and except to the extent that
the amount thereof exceeds in the aggregate the amount of the premium.

(3) As respects any period during which neither of the conditions specified in
paragraphs (b) and (c) of sub-section (1) is satisfied in relation to a
person, the [Minister for the Civil Service] may, if it thinks fit, and is
satisfied that that person's full-time education ought not to be regarded as
completed, direct either

(a)that that period shall be ignored for the purposes of the proviso to
sub-section (1); or

(b)that that period shall be so ignored and shall also be treated as part of
his period of childhood and full-time education for all the other purposes of
section one hundred and twenty-four.


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© 1959 Crown Copyright

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