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9 1955

LOCAL GOVERNMENT ACT, 1955

SECOND SCHEDULE.

Subsections referred to in Section 24 of this Act.

Section 24 .

Part I.

“(5) (a) Where a declaration is made under this section before the 7th day of July, 1954, the declaration shall have effect in relation only to a holder who by law is entitled to or may be granted a superannuation allowance on his resigning or otherwise ceasing to hold office and subsection (3) of this section shall, with respect to the declaration, be construed accordingly.

(b) Where a declaration is made under this section on or after the 7th day of July, 1954—

(I) the following provisions shall have effect:—

(i) the declaration shall have effect in relation only to—

(A) a holder who by law is entitled to or may be granted a superannuation allowance on his resigning or otherwise ceasing to hold office, and

(B) a holder who, if he continues to hold until he reaches a particular age greater than the specified age contained in the declaration, will then, and only then by law be entitled to or be capable of being granted a superannuation allowance on his resigning or otherwise ceasing to hold office,

(ii) the reference in the declaration to the said specified age shall have effect in the case of a holder specified in clause (B) of the foregoing subparagraph as if it were a reference to the particular age referred to in that clause,

and subsection (3) of this section shall, with respect to the declaration, be construed accordingly,

(II) the declaration may relate to all the offices in relation to which the declaring Minister is the appropriate Minister or to such of those offices as belong to a specified class, description or grade or to one or more specified such offices notwithstanding any other provision made by or under statute in relation to holding such offices, offices of such class, description or grade or such one or more specified offices (including, in particular, a provision for holding office until death, resignation or removal from office) and in any such case, the declaration and this section shall have effect notwithstanding such other provision.

(c) A declaration under this section may be framed either with or without indication of the effect of this subsection.”

Part II.

“(5) (a) Where a declaration is made under this section before the 7th day of July, 1954, the declaration shall have effect in relation only to a holder who by law is entitled to or may be granted a superannuation allowance on his resigning or otherwise ceasing to hold office and subsection (3) of this section shall, with respect to the declaration, be construed accordingly.

(b) Where a declaration is made under this section on or after the 7th day of July, 1954—

(I) the following provisions shall have effect:—

(i) the declaration shall have effect in relation only to—

(A) a holder who by law is entitled to or may be granted a superannuation allowance on his resigning or otherwise ceasing to hold office, and

(B) a holder who, if he continues to hold until he reaches a particular age greater than the specified age contained in the declaration, will then, and only then by law be entitled to or be capable of being granted a superannuation allowance on his resigning or otherwise ceasing to hold office,

(ii) the reference in the declaration to the said specified age shall have effect in the case of a holder specified in clause (B) of the foregoing subparagraph as if it were a reference to the particular age referred to in that clause,

and subsection (3) of this section shall, with respect to the declaration, be construed accordingly,

(II) the declaration may relate to all the offices in relation to which the declaring Minister is the appropriate Minister or to such of those offices as belong to a specified class, description or grade or to one or more specified such offices notwithstanding any other provision made by or under statute in relation to holding such offices, offices of such class, description or grade or such one or more specified offices (including, in particular, a provision for holding office until death, resignation or removal from office) and in any such case, the declaration and this section shall have effect notwithstanding such other provision.

(c) A declaration under this section may be framed either with or without indication of the effect of this subsection.”