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Prisons (Scotland) Act 1877

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This is the original version (as it was originally enacted).

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41Position and duties of existing officers of Managers of General Prison at Perth

The clerks and other officers in the office in Edinburgh of the Managers of the General Prison at Perth at the time of the commencement of this Act shall hold their offices by the same tenure, and upon like terms and conditions, and receive the same or equivalent salaries and emoluments as if this Act had not passed. Such existing officers shall perform such duties as they may be required to perform by the Secretary of State, so that such duties are the same or analogous to those they performed previously to the commencement of this Act; and, subject as aforesaid, they shall perform the same duties as nearly as may be as they are performing at the commencement of this Act. In estimating at any time after the commencement of this Act the period of service of any such officer for the purpose of superannuation in terms of the Superannuation Act, 1859, such officer shall be entitled to take into account the number of years service passed by him under the late General Board of Directors of Prisons in Scotland and the said Managers of the General Prison at Perth, along with the years service passed by him under this Act.

42Position and duties of existing officers of prisons

The officers attached to prisons at the time of the commencement of this Act (in this Act referred to as existing officers of a prison) shall hold their offices by the same tenure, and upon like terms and conditions, as if this Act had not passed, and shall receive salaries of not less amount than those which they have hitherto received. Such existing officers as aforesaid may be distributed amongst the several prisons to which this Act applies in such manner as may be directed by the Secretary of State, and they shall perform such duties as they may be required to perform by the said Secretary of State, so that such duties are the same or analogous to those they performed previously to the commencement of this Act, and, subject as aforesaid, they shall perform the same duties as nearly as may be as they are performing at the time of the commencement of this Act. An existing officer of a prison who is at the commencement of this Act in the receipt of military or naval half-pay, or who has, at or before such commencement as aforesaid, commuted his pension in pursuance of the Pensions Commutation Act, 1871, or is in receipt of any pension payable out of public moneys, shall not be subject to any deduction from his salary, or to be deprived of any portion of his half-pay or of his pension, by reason of his salary being thenceforward paid out of public moneys, or of his employment becoming a public employment or an employment of profit under Her Majesty within the meaning of the Acts of Parliament providing for such deduction of salary or deprivation of half-pay, nor be disqualified from receiving such half-pay or pension by reason of his becoming by virtue of this Act a civil servant of Her Majesty.

43Superannuation of officers and abolition of offices

If at any time after the commencement of this Act it appears to the Treasury that any existing officer of an ordinary prison has been in the prison service for not less than twenty years, and is not less than sixty years of age, or that any existing officer of a prison has become incapable from confirmed sickness, age, or infirmity, or injury received in actual execution of his duty, of executing his office in person, and such sickness, age, infirmity, or injury is certified by a medical certificate, and there shall be a report of the Prison Commissioners testifying to his good conduct during his period of service under them, and recommending a grant to be made to him, the Treasury may grant to such officer, having regard to his length of prison service, an annuity, by way of superannuation allowance, not exceeding two thirds of his salary and emoluments, or a gratuity not exceeding the amount of his salary and emoluments for one year. If any office in any ordinary prison to which this Act applies is abolished, or any officer is retired or removed, any existing officer of such prison who by reason of such abolition, retirement, or removal is deprived of any salary or emoluments, shall be dealt with in manner provided by the Superannuation Act, 1859, with respect to a person retiring or removed from the public service in consequence of the abolition of his office, or for the purpose of facilitating improvements in the organisation of the department to which he belongs. " Prison service," for the purposes of this section, means, as respects the period before the commencement of this Act, service in a particular ordinary prison, or in the prisons of the same authority, transferred to the Secretary of State, and, as respects the period after the commencement of this Act, service in any such prison or in any other prison transferred to the Secretary of State under this Act. Any annuity by Way of superannuation allowance or gratuity granted under this section shall be apportioned between the period of service before the commencement of this Act and the period of service after the commencement of this Act; and so much of such annuity or allowance as is payable in respect of service before the commencement of this Act, regard being had to the amount of salary then paid, but without taking into account any number of years added to the officer's service on account of abolition of office, or for facilitating the organisation of the department, shall be paid, in such proportions as the Secretary of State shall determine, by the commissioners of supply of the county and the magistrates of the burgh or burghs at the commencement of this Act within the jurisdiction of the prison authority of the prison in which the officer to whom such annuity or allowance is granted was serving at the date of the commencement of this Act, out of the county general assessment or any municipal or police or other assessment of the burgh, as the case may be, and the residue shall be paid out of moneys provided by Parliament.

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