Foreign Service Act 1943
| Year | 1943 |
Foreign Service Act, 1943
(6 & 7 Geo. 6.) CHAPTER 35.
An Act to make further provision as respects the superannuation benefits of members of His Majesty's foreign service, and to make such amendments of enactments as are consequential on the establishment and reorganization of that service.
[5th August 1943]
Whereas His Majesty has been pleased, by an Order in Council entitled the Foreign Service Order, 1943, to provide that His Foreign Office and diplomatic service, His commercial diplomatic service and His consular service shall be amalgamated and form one service to be called ‘His Majesty's foreign service’:
And whereas it is expedient to make further provision as respects the superannuation benefits of members of His Majesty's foreign service, and to make such amendments of enactments as are consequential on the establishment and reorganization of that service:
Be it therefore enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Part I.
Superannuation .
1 Amendment of superannuation enactments relating to diplomatic service.
(1) For the purposes of the following enactments namely—
(a ) the Diplomatic Salaries &c. Act, 1869 (which regulates the superannuation benefits of persons in the diplomatic service who elected to remain subject thereto under section two of the next-mentioned Act); and
(b ) the Superannuation (Diplomatic Service) Act, 1929 (which regulates the superannuation benefits of other persons in the diplomatic service), members of His Majesty's foreign service performing duties certified by the Secretary of State to correspond to those formerly performed by persons in the diplomatic service shall be deemed to be persons in the diplomatic service.
(2) In subsection (2) of section three of the Superannuation (Diplomatic Service) Act, 1929 (which defines the expression ‘minister’ to include an agent and consul general), the words ‘agent and’ are hereby repealed.
(3) This section shall be deemed to have had effect as from the date of the Foreign Service Order, 1943.
2 Superannuation benefits on termination of service before retiring age.
(1) If after the commencement of this Act—
(a ) the employment in His Majesty's foreign service of a member thereof of a grade not lower than that of second secretary is terminated before the retiring age; and
(b ) the Secretary of State certifies that the termination of his employment is desirable in the public interest, having regard to his qualifications and the conditions existing in the service;
then, a superannuation allowance and an additional allowance of the amount hereinafter provided may be granted to him notwithstanding the provisions of section ten of the Superannuation Act, 1859 :
Provided that nothing in this section shall alter so much of section two of the Superannuation Act, 1859, as requires a service of ten years before an allowance can be granted.
(2) The amount of any such allowance shall be such amount as could have been granted to the member in question by way of that allowance under the Superannuation Acts apart from the said section ten, together with such additional amount, if any, by way of special increase as may appear to the Treasury on the recommendation of the Secretary of State to be reasonable having regard to all the circumstances, subject to the following provisions, that is to say—
(a ) the special increase added either to the superannuation allowance or to the additional allowance shall not be such as to bring the amount of that allowance up to more than the maximum that could have been granted to the officer by way of such allowance after any number of years of service;
(b ) the special increase added to the superannuation allowance shall not exceed one hundred pounds per annum, except that, if the amount of that allowance apart from the special increase would be less than two hundred pounds per annum, such greater special increase may be granted as may be required to bring the amount of that allowance up to three hundred pounds per annum;
(c ) the special increase added to the additional allowance shall not exceed three hundred pounds, except that, if the amount of that allowance apart from the special increase would be less than six hundred pounds, such greater special increase may be granted as may be required to bring the amount of that allowance up to nine hundred pounds.
3 Recall from abroad during war period to less remunerative office.
(1) Where, whether before or after the commencement of this Act, a member of His Majesty's foreign...
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