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Paragraph 5 Withdrawal of pension on conviction of certain offences

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Where paragraph (2) applies, the authority by which a pension under Part 3 or 4 is payable may withdraw the pension in whole or in part and permanently or temporarily as they think fit.

(2)

This paragraph applies where—

(a)

the pensioner has been convicted of an offence referred to in paragraph (3), and, in the case of a pension under Part 4, that the offence was committed after the death on which the pensioner became entitled to it, or

(b)

that the pensioner has been convicted of an offence, committed in connection with his employment by an authority, which is certified by the Secretary of State—

(i)

as gravely injurious to the interests of the State; or

(ii)

as likely to lead to serious loss of confidence in the public service.

(3)

The offences mentioned in paragraph (2)(a) are—

(a)

an offence of treason, and

(b)

one or more offences under the Official Secrets Acts 1911 to 1989f1 for which the pensioner has been sentenced, on the same occasion—

(i)

to a term of imprisonment of at least 10 years, or

(ii)

to two or more consecutive terms amounting in aggregate to at least 10 years.

(4)

The authority may, at any time and to such extent as they think fit—

(a)

apply for the benefit of any dependant of the pensioner, or

(b)

restore to the pensioner,

so much of any pension as has been withdrawn under this rule.

Annotations

Footnotes

f1

1911 c.28, 1920 c.75, 1939 c.121, 1989 c.6.