- Latest available (Revised)
- Point in Time (01/01/2006)
- Original (As enacted)
Version Superseded: 03/04/2006
Point in time view as at 01/01/2006.
There are currently no known outstanding effects for the County Courts Act (Northern Ireland) 1959.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
(1)[F1The Treasury] may on the recommendation of the [F2 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 [F2 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
(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 [F2 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.
F3Subs. (6) rep. by 1993 c. 8
[F4(7)This Part shall not have effect in relation to a person to whom Part I of the Judicial Pensions and Retirement Act 1993 applies, except to the extent provided by or under that Act.]
(1)The provisions regulating the pensions which may be received under section 116 and Part I of the Second Schedule are to take effect subject to the modifications contained in this section.
(2)In this section—
“election” means an election made under sub‐section (3);
“judges' pension scheme” means the occupational pension scheme constituted by this Act;
Definition rep. by SR 2003/482
(3)A person who is eligible for a pension in respect of his office as a judge shall while in that office;
(a)be deemed to be a member of the judges' pension scheme except during such time as an election is in force in respect of him; and
[F6(b)be entitled at any time to serve on the Lord Chancellor a written notice of election not to be a member of the judges' pension scheme, to take effect on a date not less than one month after the date on which it was served.]
(4)At any time after a person has made an election and while he continues to hold office as a judge:
(a)he may make a written application to the Lord Chancellor requesting admission to membership of the judges' pension scheme; and
(b)the Lord Chancellor may, if satisfied that the applicant is in good health, admit him to that scheme on a date not less than three months after the date on which the application was served; and
(c)upon the date of the applicant's admission to the judges' pension scheme, his election shall cease to be in force.
(5)An applicant under sub‐section (4) shall supply such evidence relating to his health as the Lord Chancellor may reasonably require and shall submit to any medical examination reasonably specified by the Lord Chancellor.
(6)The Lord Chancellor shall notify an applicant under sub‐section (4) of his decision in writing within three months after the date on which the application was served.
(7)Subject to the provisions of sub‐section (4), an election shall be irrevocable.
(8)An election shall not affect its maker's eligibility for a pension which accrued under a judicial pension scheme before that election came into force.
(9)While an election remains in force in respect of a person, his service shall not be counted as service in computing the pension for which he is eligible under any judical pension scheme.]
S. 117 rep. by SI 1973/2163; SR 1979/103
S. 118 rep. by 1978 c. 23
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.