House of Commons Members’ Fund Act 1939 (repealed)

House of Commons Members’ Fund Act 1939

1939 CHAPTER 49 2 and 3 Geo 6

An Act to provide for the making, in certain cases, of grants to, and to the widows and to the children of, persons who have been members of the House of Commons; and for purposes connected with the matter aforesaid.

[28th July 1939]

Commencement Information

I1 Act wholly in force at Royal Assent

1 The House of Commons Members’ Fund. U.K.

(1) For the purpose of enabling grants to be made to persons who have been members of the House of Commons or to their widows [F1 , widowers or surviving civil partners] or in respect of their orphan children, there shall be established a fund, to be called the House of Commons Members’ Fund (hereafter in this Act referred to as “the fund”), which shall be administered by the trustees thereof.

(2) Subject to the provisions of the First Schedule to this Act, the trustees may cause to be made out of the fund such periodical or other payments to or in respect of such persons, being persons who have after the passing of this Act been members of the House of Commons or the widows [F2 or widowers] or orphan children of such persons, as the trustees may, having regard to the financial circumstances of the persons to or in respect of whom the payments are made, and to the resources and commitments of the fund, in their discretion direct.

(3) There shall be deducted from each payment of the salary of a member of the House of Commons payable in respect of any period after the thirtieth day of September nineteen hundred and thirty-nine a sum calculated at the rate of [F3 twenty-four] pounds per annum and the sum so deducted shall be paid into the fund.

References in this section to the salary of a member shall be construed as including references to so much of any salary or pension payable under the Ministers of the M1 Crown Act 1937, or payable otherwise to any person (not being a person to whom a salary is payable under that Act) as a Minister of the Crown, as an Officer of the House of Commons or as an Officer of His Majesty’s Household, as is payable in respect of any period during which the person to whom the salary or pension is payable is a member of the House of Commons; and the requirement in this subsection that a deduction shall be made from each payment of the salary of a member shall, in relation to a person to whom the salary of a member is payable but who does not draw any of it, be construed as a requirement that, on each occasion when a payment thereof would have been made if he had drawn it, a sum equal to the deduction which would have been made shall be set aside, and any sum so set aside shall be dealt with as if it were a sum so deducted.

F4 (4)(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Words in s. 1(1) substituted (5.12.2005) by The Civil Partnership (House of Commons Members' Fund) Order 2005 (S.I. 2005/3298), art. 2

F2 Words inserted by House of Commons Members' Fund Act 1948 (c. 36), s. 1(1)

F3 Words substituted by virtue of resolution of the House of Commons 17.5.1961: S.I. 1961/958

F4 S. 1(4)(5) repealed by Income Tax Act 1952 (c. 10), s. 527, Sch. 25

Modifications etc. (not altering text)

C1 S. 1 amended by House of Commons Members' Fund and Parliamentary Pensions Act 1981 (c. 7, SIF 89), s. 2(3)

C2 S. 1 amended (1.4.2005 and each 1st April in subsequent years) by House of Commons Members' Fund Resolution 2005 (S.I. 2005/657), {paras. (5), (6)}

C3 Power to vary s. 1(3) conferred by House of Commons Members' Fund Act 1948 (c. 36), s. 3(1)

Marginal Citations

M1 1937 c. 38.

2 Trustees of the fund. U.K.

(1) There shall be trustees of the fund who, subject to the provisions of this section, shall be appointed and may be removed by order of the House of Commons.

(2) The said trustees shall be not more than seven in number, of whom one, being the Public Trustee or a corporation entitled by rules made under subsection (3) of section four of the M2 Public Trustee Act 1906, to act as custodian trustee, shall be custodian trustee of the fund, and the remainder shall be managing trustees.

(3) No person shall be appointed to be a managing trustee unless he is a member of the House of Commons, and, on ceasing to be a member of the House of Commons, a managing trustee shall vacate his office.

(4) The managing trustees may act by a majority of those present at any meeting of the managing trustees at which a quorum is present.

(5) The procedure of the trustees shall, subject to the provisions of this Act, be such as the trustees may determine, and the quorum for any meeting of the managing trustees shall be three.

(6) A direction of the managing trustees shall continue in force until revoked by a subsequent direction of the managing trustees, notwithstanding any changes in the persons who are managing trustees and notwithstanding that, by reason of a dissolution of Parliament or for any other reason, there are for a time no managing trustees.

(7) The provisions set out in the Second Schedule to this Act (being certain provisions of subsection (2) of section four of the M3 Public Trustee Act 1906, as modified for the purposes of this Act) shall have effect with respect to the functions of the custodian trustee and the managing trustees respectively.

Marginal Citations

M2 1906 c. 55.

M3 1906 c. 55.

3 Supplementary provisions. U.K.

F5 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) The trustees may accept any property given, devised or bequeathed to the fund by any person F6 . . ..

(3) The custodian trustee may charge such fees as he is authorised to charge under the M4 Public Trustee Act 1906.

(4) The trustees may employ such officers and servants, if any, as they think necessary in connection with the management of the fund, and the expenses of the management of the fund, including the fees of the custodian trustee and the remuneration of any such officers and servants as aforesaid, shall be defrayed out of the fund.

(5) The Government Actuary shall from time to time, as requested by the trustees, make a report to the trustees on the general financial position of the fund on a date specified in the report, and every such report shall be laid before the House of Commons.

The date so specified shall, in the case of the first report, be not later than the end of the year nineteen hundred and forty-four, and in the case of subsequent reports, not later than five years after that specified in the last preceding report.

(6) Accounts of the trustees shall be prepared annually in such form and in such manner as the Comptroller and Auditor-General may direct, and the Comptroller and Auditor-General shall examine and certify every such account and shall lay a copy thereof, together with his report thereon, before the House of Commons.

(7) So far as is consistent with the due performance of their respective functions under this Act, the trustees of the fund, the Government Actuary, the Comptroller and Auditor-General and their respective officers and servants shall treat as confidential all information relating to the making or refusal of grants in particular cases; and in particular, but without prejudice to the generality of the foregoing provision, there shall not be included in any accounts or report laid before the House of Commons under the last preceding subsection any identification of the persons to whom grants have been made.

Textual Amendments

F5 S. 3(1), Sch. 3 repealed by House of Commons Members' Fund Act 1962 (c. 53), Sch.

F6 Words repealed by House of Commons Members' Fund Act, 1948 (c. 36), s. 5 (1)

Marginal Citations

M4 1906 c. 55.

4 Short title. U.K.

This Act may be cited as the House of Commons Members’ Fund Act 1939.

SCHEDULES

Section 1.

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

Modifications etc. (not altering text)

C4 Sch. 1 (except para. 5) excluded by House of Commons Members' Fund Act 1948 (c. 36), s. 4 (2)

[F7 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 [F8 £4,574.35] or such sum as, in the opinion of the Trustees, will bring his income up to [F9 £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 [F10 £8,806.34] or such sum as, in their opinion, will bring his income up to [F11 £12,676.65] per annum, whichever is the less]

Textual Amendments

F7 Sch. 1 para. 1 substituted (1.4.1994) by virtue of S.I. 1994/631, para. (a)

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

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

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

F11 Sch. 1 para. 1: amount substituted (7.3.2005) by House of Commons Members' Fund Resolution 2005 (S.I. 2005/657), {paras. (1)}, (3)

[F12 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 [F13 £2,858.65] or such sum as, in the opinion of the Trustees, will bring her income up to [F14 £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 [F15 £5,504.93] or such sum as, in the opinion of the Trustees, will bring her income up to [F16 £9,375.24] per annum, whichever is the less]

Textual Amendments

F12 Sch. 1 para. 2 substituted (1.4.1994) by virtue of S.I. 1994/631, para. (b)

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

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

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

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

[F17 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 [F18 the annual amount of any periodical payment made to any such widower shall not exceed [F19 £2,858.65] or such sum as, in the opinion of the Trustees, will bring his income up to [F20 £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 [F21 £5,504.93] or such sum as, in the opinion of the Trustees, will bring his income up to [F22 £9,375.24] per annum, whichever is the less]

Textual Amendments

F17 Para. 2A inserted by House of Commons Members' Fund Act 1948 (c. 36), s. 1 (2)

F18 Words in Sch. 1 para. 2A substituted (1.4.1994) by virtue of S.I. 1994/631, para. (c)

F19 Sch. 1 para. 2A: amount substituted (7.3.2005) by House of Commons Members' Fund Resolution 2005 (S.I. 2005/657), {paras. (2)}, (3)

F20 Sch. 1 para. 2A: amount substituted (7.3.2005) by House of Commons Members' Fund Resolution 2005 (S.I. 2005/657), {paras. (2)}, (3)

F21 Sch. 1 para. 2A: amount substituted (7.3.2005) by House of Commons Members' Fund Resolution 2005 (S.I. 2005/657), {paras. (2)}, (3)

F22 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.

[F23 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

F23 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.

F24 THIRD SCHEDULE U.K.

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

Textual Amendments

F24 S. 3(1), Sch. 3 repealed by House of Commons Members' Fund Act 1962 (c. 53), Sch.