Regulation 151 Forfeiture: offences committed by members

If a member is convicted of a relevant offence, the appropriate Minister may, in agreement with the relevant head of jurisdiction and to the extent that they both consider appropriate, withhold benefits payable under this scheme to or in respect of the member.

Paragraph (3) applies if benefits are to be withheld as a result of an offence falling within paragraph (b) of the definition of “relevant offence”.

The appropriate Minister may only withhold that part of a person’s pension that exceeds any guaranteed minimum to which the person is entitled under—

In this regulation—

• “forfeiture certificate” means a certificate stating that the appropriate Minister and relevant head of jurisdiction issuing the certificate consider that the offence—

  1. (a)

     has been gravely injurious to the administration of justice; or

  2. (b)

     is liable to lead to serious loss of confidence in the judiciary; and

• “relevant offence” means—

  1. (a)

     one or more offences under the Official Secrets Acts 1911 to 1989 for which the member has been sentenced on the same occasion to—

     1. (i)

        a term of imprisonment of at least 10 years; or

     2. (ii)

        2 or more consecutive terms of imprisonment which add up to at least 10 years;

  2. (b)

     offences committed in connection with service in qualifying judicial office and in respect of which the appropriate Minister and relevant head of jurisdiction have issued a forfeiture certificate.