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Sheriffs’ Pensions (Scotland) Act 1961 (c. 42)

Sheriffs’ Pensions (Scotland) Act 1961 1961 CHAPTER 42 9 and 10 Eliz 2 An Act to amend the law with respect to the pensions attributable to the office of sheriff and salaried sheriff-substitute, to regulate the age of retirement from such offices, and to regulate the time at which payment may be made of those pensions and of the salaries attaching to the said offices. [19th July 1961]

Legislation

Table of Content

1. Pensions for sheriffs and salaried sheriffs-substitute. U.K.

2. When pensions may be granted. U.K.

3. Rates of pension. U.K.

4. Calculation of pension on change of appointment after fifteen years’ service. U.K.

5. Calculation of pension for persons opting out of Administration of Justice (Pensions) Act, 1950. U.K.

6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

7. Pension credits: restrictions on payments U.K.

8. Consequential amendments, repeals and saving. U.K.

9. Appeals. U.K.

10. Interpretation. U.K.

11. Financial provisions. U.K.

12. U.K.

1. Pensions for sheriffs and salaried sheriffs-substitute. U.K.

2. When pensions may be granted. U.K.

3. Rates of pension. U.K.

4. Calculation of pension on change of appointment after fifteen years’ service. U.K.

5. Calculation of pension for persons opting out of Administration of Justice (Pensions) Act, 1950. U.K.

6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

7. Pension credits: restrictions on payments U.K.

8. Consequential amendments, repeals and saving. U.K.

9. Appeals. U.K.

10. Interpretation. U.K.

11. Financial provisions. U.K.

12. U.K.

Section 1

1. Pensions for sheriffs and salaried sheriffs-substitute. U.K.

(1) The Treasury may, upon the recommendation of the Secretary of State, grant a pension in accordance with the following provisions of this Act to any person retiring from the office of sheriff or salaried sheriff-substitute who has completed [ F1 2 years ] ’ service in that office; and for the purposes of this section “ sheriff ” means a sheriff who is restricted by the terms of his appointment from engaging in private practice. [ F2 (1A) This Act is subject to section 18 of the Public Service Pensions Act 2013 (restrictions on benefits provided under existing schemes). ] (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3 Textual Amendments F1 Words substituted by Courts and Legal Services Act 1990 (c. 41, SIF 76:1) , s. 83(1)(d) F2 S. 1(1A) inserted (1.4.2014) by Public Service Pensions Act 2013 (c. 25) , s. 41(2) , Sch. 8 para. 3 (with Sch. 11 para. 8 ); S.I. 2014/839 , art. 4(2)(c) F3 S. 1(2) repealed by Statute Law (Repeals) Act 1974 (c. 22) , Sch. Pt. XI Modifications etc. (not altering text) C5 Functions of the Treasury now again exercisable by the Treasury: S.I. 1968/1656 , arts. 2(1) ( c ), 3(2) and 1981/1670, arts. 2(1)( c ), 3(5)

Section 2

2. When pensions may be granted. U.K.

A pension may be granted under section one of this Act to a sheriff or salaried sheriff-substitute— (a) if he vacates office in pursuance of section six of this Act; or (b) if the Secretary of State is satisfied by means of a medical certificate that the sheriff or salaried sheriff-substitute is, by reason of infirmity of mind or body, incapable of discharging the duties of his office and that his incapacity is likely to be permanent; or (c) if at the time of his retirement he has attained the age of sixty-five years.