Parliament of the United Kingdom - Provisions As To Existing Judges And Officers lyrics

54. Provisions as to existing judges and existing officers having salaries charged on the Consolidated Fund, or removable onla for misconduct or incapacity - (1) All existing county court judges, and all existing Irish officers serving in an established capacity in the civil service of the Crown and receiving salaries charged on the Consolidated Fund of the United Kingdom, shall, if at the date of the pa**ing of this Act they are removable only on address from both Houses of Parliament of the United Kingdom, continue to be removable only upon such an address, and if removable in any other manner shall continue to be removable only in the same manner as before that date; and shall continue to receive the same salaries, gratuities, and pensions, and to enjoy the same rights and privileges and to be liable to perform the same duties as before that date or such duties as His Majesty may declare to be an*logous, and their salaries and pensions shall be charged on and paid out of the Consolidated Fund of the United Kingdom or the growing produce thereof, and all sums so paid shall be made good by means of deductions from the Irish residuary share of reserved taxes under this Act in accordance with regulations made by the Treasury. (2) If any of the said judges or officers retire from office with His Majesty's approbation before completion of the period of service entitling him to a pension, His Majesty. may, if he thinks fit, after considering any representation that may be made by the Government of Southern Ireland or Northern Ireland. grant to him such pension, not exceeding the pension to which he would on that completion have been entitled, as His Majesty thinks proper. (3) Subsection (1) of this section shall apply to existing Irish officers in the civil service of the Crown, who, although receiving salaries not charged on the Consolidated Fund, are removable only for misconduct or incapacity, including clerks of the crown and peace and (after the date of Irish union) officers removable under section seventy-three of the Supreme Court of Judicature Act (Ireland), 1877: Provided that, in the case of any such officer whose salary is payable otherwise than out of money provided by the Parliament of the United Kingdom, the provisions of that subsection with respect to the payment of salaries and pensions out of the Consolidated Fund of the united Kingdom shall not have effect, and in the case of any such officer whose salary is payable out of money provided by the Parliament of the United Kingdom those provisions shall have effect with the substitution of payment out of money so provided for charge on and payment out of the Consolidated Fund of the United Kingdom. (4) Subsection (2) of this section shall apply to any officer to whom subsection (3) of this section applies, with the substi-tution of a reference to a period of forty years' service for the reference to the period of service entitling to a pension. Continuation of service of, and compensation to, other existing officers. - (1) Subject to the provisions of this Act - all existing Irish officers in the, civil service of the Crown who are not provided for under the last preceding section and are at the appointed day serving as Irish officers shall, after that day, continue to hold their offices by the same tenure and upon the same terms and conditions (including conditions as to salaries and superannuation) as theretofore and shall he liable to perform the same duties as theretofore, or such duties as the Civil Service Committee established under this Act may determine to be an*logous, and while performing the same or an*logous duties shall receive not less salaries than they would have received if this Act had not pa**ed: Provided that, notwithstanding the provision herein-before contained as to the tenure of existing Irish officers, any existing Irish officer who at the time of the pa**ing of this Act is removable from his office by His Majesty, or by the Chief Secretary, or by any person other than the Lord Lieutenant, or in any special manner, may be removed from his office after the appointed day by the Lord Lieutenant, but, in the case of the existing permanent members of the Congested Districts Board for Ireland, only by an order of the Lord Lieutenant, which shall be laid before the House of Commons of Southern Ireland and of Northern Ireland, and, if an address is presented to the Lord Lieutenant by either such House within the next subsequent forty days on which that House has sat after any such order is laid before it praying that the order may 17e annulled, the Lord Lieutenant may annul the order, and it shall thenceforth be void. (2) The Superannuation Acts, 1834 to 1914, shall continue after the appointed day to apply to any such existing Irish officer to whom they then apply, and the service of any such officer under the Government of Southern Ireland or Northern Ireland or the Council of Ireland shall, for the purpose of those Acts, be deemed to he service in the permanent civil service of the Crown and in a public office within the meaning of the Superannuation Act, 1892 (55&56 Vict. c. 40). Provided that, so far as relates to the grant and ascertainment of the amount of any allowance or gratuity under those Acts as respects any such officer who at the time of his ultimate retirement is serving under the Government of Southern Ireland or Northern Ireland, or the Council of Ireland, the Civil Service Committee shall be substituted for the Treasury. (3) The provisions as to compensation contained in the Eighth Schedule to this Act shall apply with respect to any such existing Irish officer. (4) The superannuation and other allowances and gratuities which may become payable after the appointed day to or in respect of existing Irish officers in the civil service of the Crown under the Superannuation Acts, 1834 to 1914, and any compensation payable to any such officers under the provisions of this Act, shall he paid out of moneys provided by the, Parliament of the United Kingdom, but any sums so paid shall he made good by means of deductions from the Irish residuary share of reserved taxes in accordance with regulations made by the Treasury. (5) Where any existing Irish officer in the civil service of the Crown, to whom the Superannuation Acts, 1834 to 1914, do not apply, is at the appointed day serving as an Irish officer in a capacity which, in accordance with a condition of his employment, qualifies him for a superannuation allowance or gratuity payable otherwise than under those Acts, that condition shall, after the appointed day, have effect, subject to the following modifications, that is to say, any superannuation allowance or gratuity which may become payable to the officer in accordance with that condition after the appointed day shall, if and so far as the fund out of which such allowances and gratuities are payable at the time of the pa**ing of this Act is, by reason of anything done or omitted after the pa**ing of this Act, not available for its payment, he charged upon and paid out of the Consolidated Fund of Southern Ireland or Northern Ireland, as the case may he, or shall be apportioned between those funds as the Joint Exchequer Board may determine, and any powers and duties of the Treasury as to the grant or ascertainment of the amount of the superannuation allowance or gratuity, or otherwise in connexion with the condition, shall he exercised and performed by the Civil Service Committee. (6) The Pensions Commutation acts, 1871 to 1882, shall apply to any person to whom an annual allowance is granted in pursuance of the provisions of this Act relating to existing officers as they apply to a person. who has retired in consequence of the abolition o[ his office, and any terminable annuity payable in respect of the commutation of an allowance shall he payable out of the same funds as the allowance. Establishment of Civil Service. - (1) For the purpose of the provisions of this Act with respect to existing officers, there shall be established a committee to be called the Civil Service Committee. (2) The committee shall consist of seven members, of whom one shall be appointed by the Treasury, one by a Secretary of State, one by the Government of Southern Ireland, one by the Government of Northern Ireland, two by the existing Irish officers, and one (who shall be chairman) by the Lord Chief Justice of England: Provided that, after the existing Irish officers have been allocated in manner hereinafter provided, of the members of the committee appointed by the existing Irish officers one shall be appointed by such of those officers as have become officers of the Government of Southern Ireland, and one by such of those officers as have become officers of the Government of Northern Ireland. (3) Any vacancy arising in the committee shall be filled by the authority by whom the member whose place is vacant was appointed. (4) The Treasury may make regulations as to the manner in which the members to be appointed by the existing Irish officers are to be selected. (5) The committee may act by any four members,