COUNTY COURTS ACT (NORTHERN IRELAND) 1959

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COUNTY COURTS ACT (NORTHERN IRELAND) 1959 - SECT 116



116.(1) The [Minister for the Civil Service] may on the recommendation of the
[Lord Chancellor] grant to any judge an annual sum by way of pension
calculated in accordance with the provisions of Part I of the Second Schedule

(a)if his office is vacated in pursuance of sub-section (4) of section one
hundred and five; or

(b)if the [Lord Chancellor] is satisfied by means of a medical certificate
that, by reason of infirmity of mind or body, he is incapable of discharging
the duties of his office, and that the incapacity is likely to be permanent;
or

(c)if he retires after fifteen years' service, and at the time of retirement
has attained the age of sixty-five.

Subs.(2)(3) rep. by 1978 c.23 s.122(2) sch.7 Pt.II

(4) A person to whom, in consequence of such incapacity as aforesaid, a
pension has been granted under this section shall, until the date on which
that person could have been granted a pension under paragraph (a) or paragraph
(c) of sub-section (1), be liable to be required by the [Lord Chancellor] to
resume the duties of a judge with the salary attached thereto, and, if (being
in a competent state of health) he declines when so required to resume those
duties, or declines or neglects to execute those duties, he shall forfeit his
right to the pension so granted to him.

(5) Where a person resumes his duties as aforesaid, the payment of the pension
granted to him shall be suspended during the period of his resumed service,
but, subject to the provisions of sub-section (4), at the end of that period
the pension shall again be payable and be recalculated in accordance with the
provisions of Part I of the Second Schedule, and for that purpose the period
of his resumed service shall be added to the period of his former service.

(6) The decision of the [Minister for the Civil Service] shall be final on any
question arising as to

(a)the application of any of the provisions of this section to any person; or

(b)the amount of any pension under this section; or

(c)the reckoning of any service for the purpose of calculating such a pension.

S.117 rep. by SI 1973/2163 art.14(2) sch.6; SR 1979/103. S.118 rep. by 1978
c.23 s.122(2) sch.7 Pt.II

Application of succeeding provisions of this Part.

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Northern Irish Legislation

COUNTY COURTS ACT (NORTHERN IRELAND) 1959 - SECT 116