Circular, 31st July, 1906

without medical certificate, and frequently did so at once, though fit for further service, because he feared the risk of losing his pension if he continued to serve. Many police authorities desired to induce such men to remain in the force by guaranteeing their pensions, and this they are now enabled to do.

Power is given by the section to a police authority, if it thinks fit (and subject to periodical medical examination), to guarantee to a constable who continues to serve after completing 25 years' approved service a pension on ultimate retirement not less in amount than the pension to which he would have been entitled if he had retired instead of continuing to serve. Where such guarantee is given, the right to the guaranteed pension can only be forfeited by conduct on the part of the constable which would have rendered his pension liable to forfeiture under section 8 of the Police Act, 1890 (as amended by section 5 of this Act), if he had become a pensioner.

Any extra pay given to a constable whose pension is thus guaranteed in consideration of his continuing to serve will not be pensionable, and consequently will not be subject to rateable deduction; but this provision (subsection 3) will apply only to extra pay given for the purpose of inducing the constable to remain in the force, and it will not apply to increases of pay received either as increments on a regular scale of salary or on promotion to a higher grade or rank.

SECTION 2. DISCONTINUOUS SERVICE IN THE SAME FORCE.

This point was dealt with in the Bill so as to remove the doubts which had arisen as to the true construction of section 4 of the Act of 1890. While the Bill was passing through Parliament the question at issue was settled by the decision of the House of Lords in the case of Garbutt v. Durham Standing Joint Committee; but it was considered desirable, for the sake of clearness, to retain the clause, which was to the same effect as the House of Lords' judgment. In future, there'ore, discontinuous periods of service in the same force must be reckoned together for pension, provided that the constable repays any gratuity or rateable deductions allowed to him in respect of the earlier term of service.

SECTION 3.

RECKONING OF APPROVED SERVICE IN DIFFERENT FORCES.

Under the law, as it stood before the passing of this Act, previous service in a force other than that from which the constable ultimately retired could only be allowed in cases of "removal" duly authorised in accordance with the provisions of section 4 (4) of the Police Act, 1890. The Act of 1906 enables a police autho rity, if it thinks fit, to allow a period of service of not less than three years in another force to reckon for pension, notwithstanding the fact that it was terminated by retirement and irrespective of the interval which may have occurred between the two periods of service.

In cases in which previous service is allowed under this section, the pension fund of the first force will not be liable for any part of the pension, but the whole charge will fall upon the pension fund of the second force, Hence it is provided that the constable shall pay to the pensiion fund of the second force the amount of any gratuity or rateable deductions he may have received on retirement from the first force.

SECTION 4. CONSTABLES BELONGING TO NAVAL AND ARMY RESERVES.

And

The Police Reservists Act, 1902 (now repealed as regards England and Wales) had reference only to the South African War. Similar powers are now given to police authorities in the case of any future war, members of any royal naval reserve force being treated in the same way as members of the army reserve. section 4 (5) of the Police Act, 1890, relating to the computation of approved service of constables belonging to the army reserve is extended to constables belonging to a royal naval reserve force.

1 See page 185 post.

SECTION 5. FORFEITURE OF PENSION

Three new grounds of forfeiture of pension are added to those specified in section 8 of the Act of 1890, viz. :—

(e) Supplying or publishing in a discreditable or improper manner confidential information obtained in the course of employment in the police;

(f) Soliciting or, without the consent of the police authority, accepting on retirement a testimonial or gift of pecuniary value; and

(g) Acting as a private detective after being prohibited by the police authority on reasonable grounds.

The decision of the police authority as to forfeiture on these three grounds is subject to confirmation by the Secretary of State, but such confirmation does not affect any right of appeal given to the pensioner by section 11 of the Act of 1890. In connection with the new provision as to testimonials (paragraph (f) ) the Secretary of State would call the special attention of the police authority to the Home Office Circular of the 15th May, 1903, and would strongly urge that a stringent rule should now be laid down which will prevent police officers, whether during their service or after retirement on pension, from receiving testimonials or gifts which originate directly or indirectly from persons, such as publicans, whose trades or occupations are placed by the law under special police supervision.

SECTION 6. COMPULSORY RETIREMENT.

Retirement (with pension or gratuity, as the case may be) is made compulsory at the age of 65 for officers of higher rank than inspector, power being given to the police authority to grant an extension not exceeding five years if necessary in the interests of police efficiency.

This section does not apply to officers who hold a rank above that of inspector before the passing of the Act of 1906.

SECTION 7. DEDUCTIONS FROM APPROVED SERVICE.

This section limits the deduction from approved service under section 4 (1) of the Act of 1890 to the actual period of sickness, misconduct or neglect of duty, or the period of suspension from duty on account thereof.

I am, Sir,

Your obedient Servant,

Circular,

31st July, 1906

M. D. CHALMERS.

PREVENTION OF CORRUPTION ACT, 1906. [6 EDW. 7, CH. 34.]

An Act for the better Prevention of Corruption.

[4th August, 190

BE it 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:

Notes." The Act defines as misdemeanours various forms of corrupt transactions in which agents may be concerned, and prescribes penalties for the commission of these offences. A person serving under the Crown or under any

NOTES.

Preamble. corporation or any municipal, borough, county, or district council, or any board of guardians, is by subsection (3) of section I an agent within the meaning of the Act, and for the purposes of the Act the expression agent' includes any person employed by or acting for another, and the expression principal' includes an employer (section 1 (2) )."-Circulars of Local Government Board to county, borough, and district councils and guardians, dated 18th Oct., 1966. Apparently the Act applies to any other local authorities which are 'corporations," such as parish councils [Local Government Act, 1894 (56 & 57 Vict. c. 73) s. 3 (9)] and burial boards [Burial Act. 1852 (15 & 16 Vict. c. 85) s 24]. So far as members, officers and servants of local authorities are concerned the Public Bodies Corrupt Practices Act, 1889 (52 & 53 Vict. c. 69) already punished corrupt gifts, &c.; but cases may arise where the present Act will be useful in respect of persons acting for local authorities who do not come within the terms of the earlier Act. Sect. I. (1) If any agent corruptly accepts or obtains, or

Punishment of corrupt transactions with agents.

agrees to accept or attempts to obtain, from any person, for himself or for any other person, any gift or consideration as an inducement or rewar?! for doing or forbearing to do, or for having after the passing of this Act done or forborne to do, any act in relation to his principal's affairs or business, or for showing or forbearing to show favour or disfavour to any person in relation to his principal's affairs or business; or

If any person corruptly gives or agrees to give or offers any gift or consideration to any agent as an inducement or reward for doing or forbearing to do, or for having after the passing of this Act done or forborne to do, any act in relation to his principal's affairs or business, or for showing or forbearing to show favour or disfavour to any person in relation to his principal's affairs or business; or

If any person knowingly gives to any agent, or if any agent knowingly uses with intent to deceive his principal, any receipt, account, or other document in respect of which the principal is interested, and which contains any statement which is false or erroneous or defective in any material particular, and which to his knowledge is intended to mislead the principal;

he shall be guilty of a misdemeanour, and shall be liable on conviction or indictment to imprisonment, with or without hard labour, for a term not exceeding two years, or to a fine not exceding five hundred pounds, or to both such imprisonment and such fine, or on summary conviction to imprisonment, with or without hard labour, for a term not exceeding four months, or to a fine not exceeding fifty pounds, or to both such imprisonment and such fine.

(2) For the purposes of this Act the expression "considera- Sec. 1 (2). tion" includes valuable consideration of any kind; the expression "agent" includes any person employed by or acting for another; and the expression "principal" includes an employer.

(3) A person serving under the Crown or under any corporation or any municipal, borough, county, or district council, or any board of guardians, is an agent within the meaning of this Act.

offences.

Sect. 2-(1) A prosecution for an offence under this Act Prosecution of shall not be instituted without the consent, in England of the Attorney-General or Solicitor-General, and in Ireland of the Attorney-General or Solicitor-General for Ireland.

22 & 23 Vict.

(2) The Vexatious Indictments Act, 1859, as amended by any subsequent enactment, shall apply to offences under this 17. Act as if they were included among the offences mentioned in section one of that Act.

(3) Every information for any offence under this Act shall be upon oath.

(4) The expenses of any prosecution on indictment under this Act shall be defrayed as in cases of indictment for felony.

(5) A court of quarter sessions shall not have jurisdiction to inquire of, hear, and determine prosecutions on indictments for offences under this Act.

(6) Any person aggrieved by a summary conviction under this Act may appeal to a court of quarter sessions.

Sect. 3.

Application to
Scotland.

Sect. 4. (1) This Act may be cited as the Prevention of Short title and Corruption Act, 1906.

(2) This Act shall come into operation on the first day of January nineteen hundred and seven.

commencement.

Power to appoint deputies and person to act temporarily in certain offices.

122

CLERKS OF THE PEACE ACT, 1906.

RECORDERS, STIPENDIARY MAGISTRATES,
AND CLERKS OF THE PEACE ACT, 1906.
[6 EDW. 7, CH. 46.]

An Act to make provision as to the appointment of Deputies for Recorders, Stipendiary Magistrates, and Clerks of the Peace, and for the temporary performance of the duties of those officers in case of vacancies.

[21st December, 1906.]

BE it 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:—

Sect. I. (1) If at any time it appears to the authority having power to appoint to any office to which this Act applies that the holder of the office is, by reason of illness, absence, or any other cause, incapable of appointing or removing a deputy, the authority may exercise that power on his behalf, and in so doing may assign out of his salary or stipend a suitable remuneration to any deputy so appointed.

Note. As to the offices to which the Act applies, see subsection (6) and Note thereon.

(2) If any office to which this Act applies becomes vacant by death or otherwise, any person who immediately before the vacancy was a duly appointed deputy of the holder of the office, or, if there is no such deputy or no such deputy willing to act, any person appointed for the purpose by the authority having power to appoint to the office may act temporarily in the office until a person is duly appointed to fill the vacancy, and any person while so acting shall be in the same position as respects remuneration and otherwise as if he were the last holder of the office: Provided that the power of a person to act temporarily under this provision shall not extend beyond a period of six months from the occurrence of the vacancy.

Notes.-As to the qualification of a deputy appointed under this provision, see subsection (5), and Note to subsection (6),

Apparently, where the last holder of the office had power to appoint a deputy, the person who acts temporarily may, himself appoint a person to act as deputy for him in the same way the last holder might have so appointed.

(3) All things required or authorised by law to be done by, to, or before the holder of any office to which this Act applies, may be done by, to, or before any deputy appointed or any person acting temporarily in the office under this Act, as if that deputy or person were the holder of the office.