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The Judicial Pensions (Northern Ireland) Order 1991

Status:

This is the original version (as it was originally made).

Article 10(1).

SCHEDULE 3CONSEQUENTIAL AMENDMENTS

The Act of 1959

1.  In section 126 of the Act of 1959 (children’s pension: rate and mode of payment)—

(a)in subsection (2) for the words “leaves no widow and, if he leaves a widow, after her death” there shall be substituted “leaves no widow or widower and, if he or she leaves a widow or widower, after his or her death”;

(b)in subsection (3), after the word “widow” there shall be inserted “or widower” and after the word “her” there shall be inserted “or his”; and

(c)in subsection (4), after the word “widow”, in both places, there shall be inserted “or widower” and after the words “she has a husband” there shall be inserted “or he has a wife”.

2.  In section 128 of the Act of 1959 (persons serving again after retirement)—

(a)in paragraph (a), for the words “widow or child of his” there shall be substituted “widow, widower or child of that person”; and

(b)in paragraph (b), for the word “his” there shall be substituted “that person's”.

3.  In the Act of 1959—

(a)in section 132 (recommendation of the Lord Chancellor in certain cases); and

(b)section 135(1), in the definition of “derivative benefit”, after the word “widow's” there shall be inserted “widower's”.

The Act of 1960

4.  In section 8 of the Act of 1960 (children’s pension: rate and mode of payment)—

(a)in subsection (2) for the words “does not leave a widow and, if he leaves a widow, after her death” there shall be substituted “leaves no widow or widower and, if he or she leaves a widow or widower, after his or her death”;

(b)in subsection (3), after the word “widow” there shall be inserted “or widower” and after the word “her” there shall be inserted “or his”; and

(c)in subsection (4), after the word “widow”, in both places, there shall be inserted “or widower” and after the words “she has a husband” there shall be inserted “or he has a wife”.

5.  In section 9 of the Act of 1960 (contribution towards cost of widow’s and children’s pensions)—

(a)in subsection (1) after the word “widow” there shall be inserted “or widower”;

(b)in subsections (3) and (4)—

(i)after the words “a wife” in both places there shall be inserted “or a husband”, and

(ii)after the word “his” in each place there shall be inserted the words “or her”;

(c)in subsection (5)—

(i)for the word “man” in each place there shall be substituted “person”;

(ii)after the words “a wife” in each place there shall be inserted “or a husband”;

(iii)after the word “his” in each place there shall be inserted “or her”.

6.  In section 10 of the Act of 1960 (resident magistrates serving again after retirement)—

(a)in paragraph (a), for the words “widow or child of his” there shall be substituted “widow, widower or child of that person”; and

(b)in paragraph (b), for the word “his” there shall be substituted “that person's”.

7.  In section 22(1), in the definition of “personal pension”, after the word “widow” there shall be inserted the words “or widower”.

The Act of 1951

8.  In section 10 of the Act of 1951 (children’s pension: rate and mode of payment)—

(a)in subsection (2) for the words “leaves no widow and, if he leaves a widow, after her death” there shall be substituted “leaves no widow or widower and, if he or she leaves a widow or widower, after his or her death”;

(b)in subsection (3), after the word “widow” there shall be inserted “or widower” and after the word “her” there shall be inserted “or his”; and

(c)in subsection (4), after the word “widow”, in both places, there shall be inserted “or widower” and after the words “she has a husband” there shall be inserted “or he has a wife”.

9.  In section 11 of the Act of 1951 (contribution towards widow’s and children’s pensions)—

(a)in subsection (1)—

(i)for the words “man’s wife” there shall be substituted “person’s spouse”, and

(ii)for the words “man’s service” there shall be substituted “person’s service”;

(b)in subsection (2), in the proviso—

(i)for the words “the man last had a wife” there shall be substituted “the person last had a spouse”, and

(ii)after the word “his”, in each place that it occurs, there shall be inserted “or her”;

(c)in subsection (3)—

(i)for the word “man” there shall be substituted “person”,

(ii)after the word “his” there shall be inserted “or her”, and

(iii)for the word “wife” there shall be substituted “spouse”; and

(d)in subsection (3A)—

(i)for the word “man” there shall be substituted “person”,

(ii)after the word “he” there shall be added “or she”, and

(iii)after the word “him” there shall be added “or her”.

10.  In section 12 of the Act of 1951 (persons serving again after retirement)—

(a)in paragraph (a),

(b)in paragraph (b), for the word “his” there shall be substituted “that person's”.

11.  In the following sections of the Act of 1951, namely—

(a)section 16 (recommendation required in certain cases);

(b)section 21 (payments charged on Consolidated Fund); and

(c)section 22(1) (definition of “derivative benefits”), after the word “widow's” there shall in each case be inserted “widower's”.

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