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Paragraph 54 Withdrawal of pension on conviction of certain offencesI1

Northern Ireland

(1)

Where paragraph (2) applies the Board may withdraw the pension in whole or in part and permanently or temporarily as it thinks 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 the Board, which is certified by a Minister of the Crown—

(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 F1, or under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023, 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 Board may, at any time and to such extent as it thinks 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so much of any pension as has been withdrawn under this article.

Annotations

Textual amendments

F1

Words in Annex Scheme art. 54(3)(b) inserted (20.12.2023) by The National Security Act 2023 (Consequential Amendments of Subordinate Legislation) Regulations 2023 (S.I. 2023/1267), reg. 1(2), Sch. para. 23(2)

Commencement

I1

ANNEX Scheme art. 54 in operation at 30.3.2007 (with effect in accordance with art. 2(1)), see art. 2(1)

Footnotes

f1

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