House of Commons Members’ Fund Act 1939 (repealed)

SCHEDULES

Section 1.

FIRST SCHEDULE U.K. Limitations on payments out of the fund

Modifications etc. (not altering text)

C1 Sch. 1 (except para. 5) excluded by House of Commons Members' Fund Act 1948 (c. 36), s. 4 (2)

[F1 1 U.K. The annual amount of any periodical payment made to any person by virtue of his past membership of the House of Commons shall not exceed [F2 £4,574.35] or such sum as, in the opinion of the Trustees, will bring his income up to [F3 £8,444.66] per annum, whichever is the less: Provided that if, having regard to length of service and need, the Trustees think fit, they may make a larger payment not exceeding [F4 £8,806.34] or such sum as, in their opinion, will bring his income up to [F5 £12,676.65] per annum, whichever is the less]

Textual Amendments

F1 Sch. 1 para. 1 substituted (1.4.1994) by virtue of S.I. 1994/631, para. (a)

F2 Sch. 1 para. 1: amount substituted (7.3.2005) by House of Commons Members' Fund Resolution 2005 (S.I. 2005/657), {paras. (1)}, (3)

F3 Sch. 1 para. 1: amount substituted (7.3.2005) by House of Commons Members' Fund Resolution 2005 (S.I. 2005/657), {paras. (1)}, (3)

F4 Sch. 1 para. 1: amount substituted (7.3.2005) by House of Commons Members' Fund Resolution 2005 (S.I. 2005/657), {paras. (1)}, (3)

F5 Sch. 1 para. 1: amount substituted (7.3.2005) by House of Commons Members' Fund Resolution 2005 (S.I. 2005/657), {paras. (1)}, (3)

[F6 2 U.K. The annual amount of any periodical payment to any person by virtue of her being a widow of a past Member of the House of Commons shall not exceed [F7 £2,858.65] or such sum as, in the opinion of the Trustees, will bring her income up to [F8 £6,728.96] per annum, whichever is the less:

Provided that if, having regard to her husband’s length of service or to her need, the Trustees think fit, they may make a larger payment not exceeding [F9 £5,504.93] or such sum as, in the opinion of the Trustees, will bring her income up to [F10 £9,375.24] per annum, whichever is the less]

Textual Amendments

F6 Sch. 1 para. 2 substituted (1.4.1994) by virtue of S.I. 1994/631, para. (b)

F7 Sch. 1 para. 2: amount substituted (7.3.2005) by House of Commons Members' Fund Resolution 2005 (S.I. 2005/657), {paras. (2)}, (3)

F8 Sch. 1 para. 2: amount substituted (7.3.2005) by House of Commons Members' Fund Resolution 2005 (S.I. 2005/657), {paras. (2)}, (3)

F9 Sch. 1 para. 2: amount substituted (7.3.2005) by House of Commons Members' Fund Resolution 2005 (S.I. 2005/657), {paras. (2)}, (3)

F10 Sch. 1 para. 2: amount substituted (7.3.2005) by House of Commons Members' Fund Resolution 2005 (S.I. 2005/657), {paras. (2)}, (3)

[F11 2A U.K. 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 [F12 the annual amount of any periodical payment made to any such widower shall not exceed [F13 £2,858.65] or such sum as, in the opinion of the Trustees, will bring his income up to [F14 £6,728.96] per annum, whichever is the less:]

Provided that if, having regard to his wife’s length of service or to his need, the Trustees think fit, they may make a larger payment not exceeding [F15 £5,504.93] or such sum as, in the opinion of the Trustees, will bring his income up to [F16 £9,375.24] per annum, whichever is the less]

Textual Amendments

F11 Para. 2A inserted by House of Commons Members' Fund Act 1948 (c. 36), s. 1 (2)

F12 Words in Sch. 1 para. 2A substituted (1.4.1994) by virtue of S.I. 1994/631, para. (c)

F13 Sch. 1 para. 2A: amount substituted (7.3.2005) by House of Commons Members' Fund Resolution 2005 (S.I. 2005/657), {paras. (2)}, (3)

F14 Sch. 1 para. 2A: amount substituted (7.3.2005) by House of Commons Members' Fund Resolution 2005 (S.I. 2005/657), {paras. (2)}, (3)

F15 Sch. 1 para. 2A: amount substituted (7.3.2005) by House of Commons Members' Fund Resolution 2005 (S.I. 2005/657), {paras. (2)}, (3)

F16 Sch. 1 para. 2A: amount substituted (7.3.2005) by House of Commons Members' Fund Resolution 2005 (S.I. 2005/657), {paras. (2)}, (3)

3 U.K. No payment shall be made to any person by virtue of his past membership of the House of Commons unless he has attained the age of sixty years or, in the opinion of the trustees, is, by reason of mental or bodily infirmity, incapable of earning his living.

[F17 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. U.K.

(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 of his parents are dead, one hundred pounds; and

(b) if one of his parents is 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 that 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.]

Textual Amendments

F17 Para. 4 substituted by House of Commons Members' Fund Act 1948 (c. 36), s. 2 (3)

5 U.K. No payment shall be made to any person unless the person by virtue of whose membership of the House of Commons the payment is to be made was a member of the House of Commons for periods together amounting to ten years:

Provided that the trustees may in special circumstances make payments notwithstanding that the requirements of this paragraph are not complied with.

6 U.K. For the purposes of this Schedule, the income of any person shall be ascertained in such manner and on such principles as the trustees may determine.

Section 2.

SECOND SCHEDULE U.K. Certain Provisions of Subsection (2) of Section Four of the Public Trustee Act, 1906, as modified for the purposes of this Act.

1 U.K. All sums payable to or out of the income or capital of the fund shall be paid to or by the custodian trustee, and the assets of the fund shall be vested in him as if he were sole trustee.

2 U.K. The management of the fund and the exercise of any power or discretion exercisable in relation thereto shall be vested in the managing trustees.

3 U.K. As between the custodian trustee and the managing trustees, the custodian trustee shall have the custody of all securities and documents of title relating to the property of the fund but the managing trustees shall have free access thereto and be entitled to take copies thereof or extracts therefrom.

4 U.K. The custodian trustee shall concur in and perform all acts necessary to enable the trustees to exercise their powers of management or any other power or discretion vested in them, unless the matter in which he is requested to concur is a breach of trust or involves a personal liability upon him in respect of calls or otherwise, but unless he so concurs the custodian trustee shall not be liable for any act or default on the part of the managing trustees or any of them.

5 U.K. The custodian trustee, if he acts in good faith, shall not be liable for accepting as correct and acting upon the faith of any statement of the managing trustees as to any matter of fact, nor for acting upon any legal advice obtained by the managing trustees independently of the custodian trustee, nor for acting in accordance with any directions given to him in writing and purporting to be signed by or on behalf of the managing trustees.

F18 THIRD SCHEDULE U.K.

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Textual Amendments

F18 S. 3(1), Sch. 3 repealed by House of Commons Members' Fund Act 1962 (c. 53), Sch.