House of Commons Members’ Fund Act 1948 (repealed)

House of Commons Members’ Fund Act 1948

1948 CHAPTER 36 11 and 12 Geo 6

An Act to amend the House of Commons Members’ Fund Act 1939.

[30th June 1948]

Commencement Information

I1 Act wholly in force at Royal Assent

1 Payments to widowers of past members. U.K.

(1) Subject to the provisions of this section the objects of the fund established under the M1 House of Commons Members’ Fund Act 1939 (in this Act referred to as “the principal Act”) shall include the making of grants to the widowers of persons who have been members of the House of Commons, F1 . . .

X1 (2) The First Schedule to the principal Act (which imposes limitations on the payments which may be made out of the fund) shall have effect as if after paragraph 2 there were inserted the following paragraph:— “ 2A. No payment shall be made to any person by virtue of his being the widower of a past member of the House of Commons unless, in the opinion of the trustees, he is, and was before his wife’s death, incapable by reason of age or mental or bodily infirmity of earning his living; and the annual amount of any periodical payment made to any such person shall not exceed one hundred and fifty pounds or such sum as, in the opinion of the trustees, will bring his income up to two hundred and twenty-five pounds per annum, whichever is the less. ”

Editorial Information

X1 The text of ss. 1(2), 2(1)-(3) and 5(1) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Textual Amendments

F1 Words amend House of Commons Members' Fund Act 1939 (c. 49), s. 1 (1) (2)

Marginal Citations

M1 1939 c. 49.

2 Increase of annual payments to past members, widows and children. U.K.

X2 (1) Paragraph I of the First Schedule to the principal Act (which prescribes the annual amount of any periodical payments which may be made to past members of the House of Commons) shall have effect as if for the words “one hundred and fifty pounds” there were substituted the words “two hundred and fifty pounds”, and as if for the words “two hundred and twenty-five pounds” there were substituted the words “three hundred and twenty-five pounds”.

X2 (2) Paragraph 2 of that Schedule (which prescribes the annual amount of any periodical payments which may be made to the widows of past members of the House of Commons) shall have effect as if for the words “seventy-five pounds” there were substituted the words “one hundred and fifty pounds” and as if for the words “one hundred and twenty-five pounds” there were substituted the words “two hundred and twenty-five pounds”.

X2 (3) For paragraph 4 of the said Schedule (which relates to the payments which may be made in respect of the children of past members of the House of Commons) there shall be substituted the following paragraph:— “4.—

(1) No payment shall be made in respect of any child of a past member of the House of Commons after the child has attained the age of sixteen years.

(2) Where any periodical payment is made in respect of only one child of a past member, the annual amount of that payment shall not exceed—

(a) if both his parents are dead, one hundred pounds ; and

(b) if one of his parents s living, fifty pounds.

(3) Where any periodical payment is made in respect of two or more children of a past member, the annual amount of payment shall not exceed—

(a) if both of their parents are dead, seventy-five pounds in respect of each of those children ; and

(b) if one of their parents is living, fifty pounds in respect of the eldest of those children and thirty pounds in respect of each of those children other than the eldest.”

Editorial Information

X2 The text of ss. 1(2), 2(1)-(3) and 5(1) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

3 Variation of maximum payments and deductions from members’ salaries. U.K.

(1) The maximum annual amount of any periodical payment which may be made out of the fund under the principal Act as amended by this Act (whether calculated by reference to a fixed sum or by reference to the income of the recipient), and the amount of the sums to be deducted or set aside from the salaries of members of the House of Commons under subsection (3) of section one of that Act, may be varied by a resolution passed by the House of Commons as from such date (not being earlier than the day on which the resolution is passed) as may be specified in the resolution.

(2) Any such resolution as aforesaid may be revoked or varied by a subsequent resolution.

(3) Section two of the M2 Statutory Instruments Act 1946 (which provides for the numbering and printing of statutory instruments) shall apply to any such resolution as aforesaid as if it were a statutory instrument.

Marginal Citations

M2 1946 c. 36.

4 Provision for cases of special hardship. U.K.

[F2 (1) Subject to the provisions of this section, the trustees may cause to be made out of sums appropriated for the purposes of this section or the income thereof such periodical or other payments to or in respect of—

(a) persons who have been members of the House of Commons whether before or after the passing of the principal Act; or

(b) the widows, widowers or orphan children of such persons,

as the trustees think fit having regard to the circumstances of the persons to or in respect of whom the payments are to be made.]

(2) The provisions of the First Schedule to the principal Act F3 . . .shall not apply to payments made under this section; but F3 . . . the making of any payment under this section, and the amount of any such payment, shall be in the entire discretion of the trustees.

(3) For the purposes of this section, the trustees may appropriate out of the fund established under the principal Act—

(a) a sum not exceeding three thousand pounds; and

(b) sums not exceeding the value of any property which may, at any time after the commencement of this Act, be accepted by the trustees under subsection (2) of section three of the principal Act, or the investments for the time being representing any such property.

(4) The House of Commons may in any year by resolution direct that there shall be appropriated for the purposes of this section out of the said fund [F4 the whole or any part]of the sums deducted or set aside in that year from the salaries of members of the House of Commons under subsection (3) of section one of the principal Act.

(5) In this section the expression “year” means a year beginning on the first day of October.

Textual Amendments

F2 S. 4(1) substituted by Ministerial and other Pensions and Salaries Act 1991 (c. 5, SIF 89), s. 7(1)

F3 Words in s. 4(2) repealed by Ministerial and other Pensions and Salaries Act 1991 (c. 5, SIF 89), s. 7(2)

F4 Words substituted by Parliamentary Pensions etc. Act 1984 (c. 52, SIF 89), s. 12 (2)

Modifications etc. (not altering text)

C1 S. 4 (4) extended by House of Commons Members' Fund Act 1957 (c. 24), s. 1 (4)

C2 Power to exclude s. 4 (4) conferred by House of Commons Members' Fund and Parliamentary Pensions Act 1981 (c. 7, SIF 89). s. 3

C3 S. 4 (4) excluded by S.I. 1981/748, art. 2

C4 S. 4 (4) amended by Parliamentary Pensions etc. Act 1984 (c. 52, SIF 89), s. 12 (1)

5 Acceptance of property by the trustees. U.K.

X3 (1) In subsection (2) of section three of the principal Act (which empowers the trustees to accept certain property) all the words from “who is or,” to the end of the subsection, shall be omitted.

(2) Any property, other than money or authorised investments, accepted by the trustees under the said subsection (2) shall be held upon trust for sale:

Provided that the trustees may in their discretion postpone the sale and conversion of any such property for such time as they think fit.

Editorial Information

X3 The text of ss. 1(2), 2(1)-(3) and 5(1) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

F5 6 Report by Government Actuary. U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5 S. 6 repealed by Statute Law (Repeals) Act 1986 (c. 12), s. 1 (1), Sch. 1 Pt. X

7 Citation. U.K.

This Act may be cited as the House of Commons Members’ Fund Act 1948, and the principal Act and this Act may be cited together as the M3 House of Commons Members’ Funds Acts 1939 and 1948.

Marginal Citations

M3 1939 c. 49.