Paragraph 7 C1C2

Paragraph 6(1) shall have effect notwithstanding that a Commissioner may, during his period of service as Commissioner, undertake other duties of a judicial or advisory nature for the purposes of this Act and, for the purposes of that sub-paragraph and paragraph 6(2), the last annual salary of any such person shall include any salary payable in respect of those other duties.

Subject to sub-paragraph (3)—

shall, before being so appointed or, as the case may be, remunerated, furnish to the F1Lord Chancellorsatisfactory evidence that his health is suitable for the discharge of the duties of the office.

A person of the kind referred to in sub-paragraph (2)(a) or (b) may elect that he shall not, before being appointed a Commissioner or, as the case may be, remunerated by means of a salary, furnish evidence as to his health, and where a Commissioner is so appointed or remunerated after having made such an election, then, subject to sub-paragraph (4), as respects him—

and where the Lord Chancelloris satisfied that his health has throughout his service been such that it has enabled him duly to discharge the duties of his office, the Lord Chancellormay after the completion of the relevant period of service, direct that the said sub-paragraph or, as the case may be, the said Part, shall have effect as if he had not made that election.

A Commissioner who has made an election under sub-paragraph (3) may at any time during his tenure of office furnish to the Lord Chancellorsatisfactory evidence as to his health, and the Lord Chancellormay thereupon direct that for the purposes of paragraph 6(1) of this Schedule and of Part II of the M1Judicial Pensions Act (Northern Ireland) 1951 that Commissioner shall be treated as if he had not made that election.

A person to whom a superannuation allowance has been granted under paragraph 6 before he has attained the age of 72 in consequence of an incapacity of the kind referred to in paragraph 6(1)(c) shall, until he has attained that age, be liable to be required by the F2Lord Chancellorto resume the duties of a Commissioner 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 forefeit his right to the allowance so granted to him.

The Lord Chancellor must consult the Lord Chief Justice before requiring a person to resume the duties of Commissioner in accordance with sub-paragraph (5).

The Lord Chief Justice may nominate any of the following to exercise his functions under sub-paragraph (5A)—

Whenever a person has resumed his duties pursuant to sub-paragraph (5) the payment of the superannuation allowance granted to him shall be suspended during the period of his resumed service, but, subject to the provisions of that sub-paragraph, at the end of that period the superannuation allowance shall again be payable and be recalculated in accordance with the provisions of paragraph 6(2), and for that purpose the period of his resumed service shall be added to the period of his former service.

Where the rate of the superannuation allowance payable to any person under paragraph 6(1) as Commissioner is or would be increased by virtue of regulations made under paragraph 6(3)(b) in respect of service in some other capacity, any pension benefits paid to or in respect of him as having been a Commissioner shall, to such extent as the F4Treasurymay determine, having regard to the relative length of service and rate of remuneration in each capacity, be paid and borne in the manner in which a pension payable to him wholly in respect of service in that other capacity would have been paid and borne.

In paragraph 6 and this paragraph—