- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Gwreiddiol (a wnaed Fel)
Dyma’r fersiwn wreiddiol (fel y’i gwnaed yn wreiddiol).
123.—(1) If a member is convicted of a relevant offence, the appropriate Minister may, in agreement with the relevant head of jurisdiction and to the extent that they both consider appropriate, withhold benefits payable under this scheme to or in respect of the member.
(2) In this regulation—
“forfeiture certificate” means a certificate stating that the appropriate Minister and relevant head of jurisdiction issuing the certificate consider that the offence—
has been gravely injurious to the administration of justice; or
is liable to lead to serious loss of confidence in the judiciary; and
“relevant offence” means—
one or more offences under the Official Secrets Acts 1911 to 1989 for which the member has been sentenced on the same occasion to—
a term of imprisonment of at least 10 years; or
two or more consecutive terms of imprisonment which add up to at least 10 years;
offences committed in connection with service in a qualifying judicial office and in respect of which the appropriate Minister and relevant head of jurisdiction have issued a forfeiture certificate.
124.—(1) Where a member of this scheme (D) dies, and the beneficiary of D is convicted of a relevant criminal offence, the appropriate Minister may, in agreement with the relevant head of jurisdiction and to the extent that they both consider appropriate, withhold benefits payable to the beneficiary in respect of D.
(2) If the appropriate Minister withholds all of the benefits payable to a beneficiary, Part 8 applies as if the beneficiary had died before D.
(3) In this regulation, “relevant criminal offence” means—
(a)the murder of D;
(b)the manslaughter of D; or
(c)any other offence of which the unlawful killing of D is an element.
125.—(1) If a member (P) owes a relevant monetary obligation or has caused a relevant monetary loss, the appropriate Minister may, in agreement with the relevant head of jurisdiction and to the extent that they both consider appropriate, withhold benefits payable to P under this scheme.
(2) The appropriate Minister may not withhold more than the lesser of—
(a)the amount of the relevant monetary obligation or relevant monetary loss; and
(b)the value of P’s entitlement to benefits.
(3) The appropriate Minister may only withhold benefits if—
(a)there is no dispute as to the amount of the relevant monetary obligation or relevant monetary loss; or
(b)the relevant monetary obligation or relevant monetary loss is enforceable as follows—
(i)under an order of a competent court;
(ii)in consequence of an award of an arbitrator;
(iii)in Scotland, in consequence of an award of an arbiter appointed (failing agreement between the parties) by the sheriff.
(4) In this regulation—
“relevant monetary obligation” means a monetary obligation which—
was incurred to the Crown or P’s employer (if different);
was incurred after P became an active member of this scheme;
arose out of P’s criminal or fraudulent act or omission; and
arose out of or was connected with service in a qualifying judicial office in respect of which P is a member of this scheme.
“relevant monetary loss” means a monetary loss which—
was caused to this scheme; and
arose as a result of P’s criminal or fraudulent act or omission.
126.—(1) The appropriate Minister may, in agreement with the relevant head of jurisdiction, set off an applicable monetary obligation against a member’s entitlement to benefits under this scheme.
(2) In this regulation, an “applicable monetary obligation” is a monetary obligation owed by a member (P), which satisfies the conditions in paragraph (3), (4) or (5).
(3) The conditions of this paragraph are that the monetary obligation—
(a)was incurred to the Crown or P’s employer (if different);
(b)arose out of P’s criminal or fraudulent act or omission;
(c)was incurred after P became an active member of this scheme; and
(d)arose out of or was connected with service in a qualifying judicial office in respect of which P is a member of this scheme.
(4) The conditions of this paragraph are that the monetary obligation—
(a)was incurred to this scheme; and
(b)arose out of P’s criminal or fraudulent act or omission.
(5) The conditions of this paragraph are that the monetary obligation—
(a)was incurred to this scheme; and
(b)arose out of a payment made to P in error by the scheme manager.
(6) The value of the set-off applied must not exceed the lesser of—
(a)the amount of the relevant monetary obligation;
(b)the value of P’s entitlement to benefits.
(7) The appropriate Minister may only set off a relevant monetary obligation against P’s entitlement to benefits if—
(a)there is no dispute as to the amount of the relevant monetary obligation; or
(b)the relevant monetary obligation is enforceable—
(i)under an order of a competent court;
(ii)in consequence of an award of an arbitrator;
(iii)in Scotland, in consequence of an award of an arbiter appointed (failing agreement between the parties) by the sheriff.
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Mae Memoranda Esboniadol yn nodi datganiad byr o ddiben Offeryn Statudol ac yn rhoi gwybodaeth am ei amcan polisi a goblygiadau polisi. Maent yn ceisio gwneud yr Offeryn Statudol yn hygyrch i ddarllenwyr nad oes ganddynt gymhwyster cyfreithiol, ac maent yn cyd-fynd ag unrhyw Offeryn Statudol neu Offeryn Statudol Drafft a gyflwynwyd ger bron y Senedd o Fehefin 2004 ymlaen.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys