same as nor analogous to the duties theretofore performed by him or involve an unreasonable addition to those duties; or

(6.) That owing to changes in the conditions of his employment, his position has been materially altered.

4.-(1.) For the purpose of the provisions of this Act as to existing officers, petty sessions clerks and officers in the Registry of Petty Sessions Clerks shall be deemed to be officers in the civil service of the Crown, and officers in the Registry of Petty Sessions Clerks shall be deemed for the purposes of this Schedule to be officers to whom "The Superannuation Acts, 1834 to 1914," apply.

(2.) This provision shall apply to the pensionable assistants of the petty sessions clerks at Cork and Belfast as it applies to the petty sessions clerks.

5. In this Schedule references to the Government of Southern Ireland or Northern Ireland shall include references to any department or officer of the Government of Southern Ireland or Northern Ireland and to the Council of Ireland.

Rules.--PART I.

Officers serving in the Civil Service of the Crown in an established Capacity.

(A.)-On Retirement under the Statutory Conditions of Retirement.

1. The compensation which may be awarded to the officer shall be an annual allowance, not exceeding in any case two-thirds of the salary on which the allowance is reckoned, or, if he has completed less than ten years of service as reckoned for the purposes of this provision, a gratuity.

2. The annual allowance or gratuity shall be calculated in like manner as the superannuation allowance or gratuity which the officer would be qualified to receive under "The Superannuation Acts, 1834 to 1914." if he retired on the ground of ill-health, save that, for the purposes of that calculation, the following provisions shall have effect, that is to say :

(a.) His years of service shall be reckoned as if he had served up to the end of the transitional period, or to the time when he would have reached the age of 65, whichever may be the earlier, and there shall be added any additional years which he may be entitled to reckon under Section 4 of 'The Superannuation Act, 1859."

(b.) His salary, where there are periodical increments, shall be taken at the amount which it would have reached if he had continued to serve in the same office up to the end of the transitional period.

(B.)-On retirement with the permission of the Civil Service Committee under this Schedule, or on being removed from office or required to retire by the Government of Southern Ireland or Northern Ireland before attaining the age of 65 years for any cause other than misconduct or incapacity.

1. The compensation which may be awarded to the officer shall be an annual allowance not exceeding in any case two-thirds of the salary on which the allowance is reckoned, and not less than an allowance calculated in accordance with the following provisions, that 18 to say :

An annual allowance calculated in like manner as the superannuation allowance which the officer would be qualified to receive under The Superannuation Acts, 1834 to 1914," if he retired on the ground of ill-health, save that, for the purposes of such calculation, the following provisions shall have effect, that is to say :

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(a.) Where the officer retires or is removed after the end of the transitional period, ten years shall be added as abolition years to the years of service which he would be entitled to reckon for the purposes of such superannuation allowance.

(b.) Where the officer retires or is removed during the transitional period his years of service shall be reckoned, and the amount of his salary shall be computed in the same manner as is provided in this part of these rules in the case of an officer retiring under the statutory conditions of retirement, and ten years shall be added as abolition years to the years of service so reckoned :

Provided that

(i.) Where an officer at the time of leaving the service has attained the age of 28 years but has not attained the age of 33 years, the abolition years to be added for the purpose of this article shall be seven years instead of ten, and, where an officer at the time of leaving the service has not attained the age of 28 years, or where, whatever his age, his years of service as reckoned for the purposes of this article, exclusive of the abolition years, are less than ten, the abolition years to be added for those purposes shall be five years instead of ten; and

(ii.) No abolition years shall be added in excess of the difference between the age of an officer at the time of his leaving the service and the age of sixty-five.

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(C.)-Officers to whom "The Superannuation Act, 1909," applies. 1. An officer to whom The Superannuation Act, 1909," applies by reason only of his having elected to adopt the provisions of that Act shall, if he so requires, be treated for the purpose of the determination of his compensation under this Schedule as if he had not SO elected.

2. As respects any such officer who does not require his compensation to be determined as aforesaid, and any other officer to whom “The Superannuation Act, 1909," applies, the provisions contained in Heads A and B of this part of these Rules shall have effect subject to the following modifications, that is to say :—

(a.) The annual allowance or gratuity awarded under head A and the minimum annual allowance awarded under head B shall be calculated on the proportion of salary prescribed by Sub-Section (1) of Section 1 of The Superannuation Act, 1909," instead of the proportion prescribed by Section 2 of "The Superannuation Act, 1859," and the annual allowance which may be awarded shall not in any case exceed one-half of the salary on which the allowance is calculated.

(b.) In addition to the annual allowance or gratuity there shall be awarded to the officer an additional allowance

(i.) In the case of an officer falling under head B. not less than; and (ii.) In the case of an officer falling under head A, equal to

an allowance calculated in like manner as an additional allowance under "The Superannuation Act, 1909," and for the purposes of that calculation his years of service and salary shall be reckoned and computed as in the case of his annual allowance or gratuity, but the additional allowance so awarded shall not exceed one and a half times the amount of the salary on which the allowance is calculated, except in the case of an officer to whom "The Superannuation Act, 1909." applies by reason of his having elected to adopt its provisions, and then only to the extent specified in Section 3 of that Act.

Rules.-PART II.

Officers serving in the Civil Service of the Crown who are not serving in an established Capacity.

1. The compensation which may be awarded to the officer shall be such gratuity or annual allowance (if any) as the Civil Service

Committee think just having regard to the following considerations, that is to say :

(a.) The conditions on which the officer was appointed;

(b.) The nature and duration of his employment;

(c.) In the case of officers who do not devote their whole time to the duties of their office, the amount of time so devoted;

(d.) The circumstances in which he is leaving the service;

(e.) The compensation which might have been awarded to him on leaving the service in similar circumstances if Part I of these Rules had applied to him;

(f.) Any offer made to him of another office or employment under the Government of Southern Ireland or Northern Ireland or the Government of the United Kingdom;

(9.) The probability (if any) of his having continued in office for a longer period but for the passing of this Act; and

(h.) Any other circumstances affecting his case.

2. The compensation shall in no case be greater than the compensation which might under Part I of these Rules have been awarded to the officer on leaving the service in similar circumstances if that part of these Rules had applied to him.

NINTH SCHEDULE (Section 60).

Provision as to Compensation of Members of the Royal Irish Constabulary and Dublin Metropolitan Police.

1. Any officer or constable, who after the day of transfer

(a.) Retires voluntarily under the conditions in that behalf hereinafter contained; or

(b.) Is removed or required to retire for any cause other than misconduct, and is not incapacitated for the performance of his duty by mental or bodily infirmity,

shall, unless he is qualified for the maximum pension that can be granted to him for length of service only under the existing enactments applicable to him, be entitled on retirement to receive such compensation as may be awarded to him by the Lord Lieutenant in accordance with the Rules contained in this Schedule.

2. The conditions of voluntary retirement are that

(a) Notice of the intention to retire must be given within two years after the day of transfer;

(6.) The notice must be given in manner prescribed by the Lord Lieutenant;

(c.) The retirement must not take place until at least six months after the notice of retirement has been given, and may be postponed by the Lord Lieutenant, if he thinks fit, to any later date not being more than two years after the day of transfer; and

(d.) The retiring officer or constable must show to the satisfaction of the Lord Lieutenant that he is not incapacitated for the performance of his duties by mental or bodily infirmity, and will not be entitled to retire on the maximum pension for length of service under the enactments aforesaid before the expiration of two years from the date of transfer.

3. In the exercise of his powers under this Schedule, the Lord Lieutenant shall act in accordance with instructions from His Majesty. [CXVI]

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RULES.

1. The compensation which may be awarded to an officer or constable shall be an annual allowance.

2. Where the officer or constable is removed or required to retire, the annual allowance shall be calculated in like manner as the pension which the officer or constable would have been entitled to receive if he had retired for length of service under the existing enactments applicable to him, and had been qualified in respect of his length of service for a pension, save that, for the purposes of that calculation, the following provisions shall have effect :

(a.) There shall be added to his completed years of actual service if the proportion of salary on which his allowance is calculated is onefiftieth, ten years, and if that proportion is one-sixtieth, twelve years;

(b.) His salary shall be taken at the amount which it would have reached if he had continued to serve in the same rank for the number of years so added, and, in the case of a district inspector of the Royal Irish Constabulary of the third class, as if he were entitled to promotion to the second class on the completion of one and a half years' service in the third class, and, in the case of a district inspector of the Royal Irish Constabulary of the second class, as if he were entitled to promotion to the first class on the completion of eleven years' service in the second class;

(c.) If the number of his completed years of service, as reckoned under this rule, is less than the minimum number of years of service for which provision as respects pensions is made in the appropriate pension scale, that scale shall apply with the substitution of the number of his completed years of service as so reckoned for that minimum number; and

(d.) If he has, in addition to his completed years of actual service, served for a period exceeding six months, his service for that period shall be reckoned as a completed year of actual service.

3. Where the officer or constable retires under the conditions of voluntary retirement, the provisions of the last preceding rule shall apply with the substitution of five years for ten years and six years for twelve years.

4. The allowance awarded to an officer or constable shall in no case exceed two-thirds of his actual pensionable salary.

5. In the event of an officer or constable dying after an annual allowance has been awarded to him under this Schedule, the Lord Lieutenant may, if he thinks fit, grant a pension or gratuities to the widow and children of the officer or constable in like manner as if the allowance were a pension granted to the officer or constable on retirement.

BRITISH ORDER IN COUNCIL applying certain provisions of The Air Navigation Act, 1920," to certain British Colonies and Protectorates.-London, February 6, 1922.*

At the Court at Buckingham Palace, the 6th day of
February, 1922.

PRESENT: THE KING'S MOST EXCELLENT MAJESTY.

Lord Chamberlain.

Viscount Esher.

Lord Somerleyton.

Mr. Secretary Shortt.

Mr. Munro.

Sir Frederick Ponsonby.
Mr. J. F. Hope.
Sir Ernest Pollock.

WHEREAS by Sub-Section (1) of Section 4 of "The Air Navigation Act, 1920," it is provided that His Majesty may, by Order in Council, extend, with any necessary modifications and exceptions, any of the provisions of the said Act to any British Possessions other than those mentioned in the Schedule to the said Act and (save as therein provided) to any territory under His Majesty's protection;

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And whereas it is expedient to extend certain provisions of the said Act to certain British Colonies and Protectorates: Now, therefore, His Majesty, by virtue of and in exercise of the powers in this behalf by The Air Navigation Act, 1920," or otherwise in His Majesty vested, is pleased, by and with the advice of his Privy Council, to order, and it is hereby ordered, as follows:

1. This Order may be cited as "The Air Navigation (Colonies and Protectorates) Order in Council, 1922."

2. In this Order and its Schedules-

"Colony" means one of the British Possessions or Protectorates mentioned in the Second Schedule hereto.

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Governor " means the officer for the time being administering the government of the Colony.

The Act" means "The Air Navigation Act, 1920."

3. The provision of Sections 7, 8 (1), 9, 10, 11, 12 and 18 of the Act, with the necessary modifications as set forth in the First Schedule hereto, shall be and hereby are extended to the Colonies mentioned in the Second Schedule hereto.

4. This Order shall come into operation on the 1st day of April, 1922.

ALMERIC FITZROY.

S. R. and O., No. 121 (1922). [CXVI]

+ Vol. CXIII, page 232.

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