Judiciary Act

Link to law: http://www.moj.gov.jm/laws/judiciary-act

JUDlCIA RY

THE? JUDICIARY ACT

4RRANGEMENT OF SECTIONS

1. Short title.
2. Application.
3. Interpretation.
4. Salaries of Judges.

5. Entitlement to pensions.
6. Rate of pension.
7. Reduced pension and gratuity.
8. Gratuity on death.
9. Widows and orphans pension.

10. Pensions to dependants when a Judge dies as a result of injuries

1 1 . Pensions, etc., not to be assignable.
12. Regulations.

4 ~ . Appointment of Commission.

received or disease contracted in the discharge of his duties.

SCWDULES

me inclusion d this page is aulhorized by L.N. 421 l9YSl

JUDlCIARY 3

1. This Act may be cited as the Judiciary Act. Short title.

2 .41 ) This Act applies to the office of Judge, so, how- Applia-
tion. ever, that the provisions of this Act, other than section

4, shall not apply-

(U) subject to subsection (2), as respects any existing
Judge who, by memorandum in writing to the
Governor-General within six months from the
27th day of November, 1973, elects to have his
terms of service regulated by the provisions which
would have been applicable to him if this Act had
not been enacted;

(b) as respects any Judge whose appointment as such
is for an express number of months or years speci-
fied in the terms of his appointment.

(2) An existing Judge- who makes an election in
accordance with subsection 11) may, by further memorandum
in writing to the Governor-General within such time as the
Governor-General may allow, finally and irrevocably
withdraw the previous memorandum and upon such with-
drawal the provisions of this Act shall apply to him in lieu
of the provisions regulating his terms of service which so
applied prior to the withdrawal.

m e rnclusion of tbis page 1s authorized by LJN 42/19951

4 JUDI&MRY

2911975 (3) A former Judge may by memorandum in
1911987 writing to the Governor-General elect to have this Act
S. apply in relation to him; and thereupon the provisions of
schodUie. this Act, other than section 4 and the Second Schedule,

shall apply accordingly as if they had been in force at the
1911987 date of his retirement from the office of Judge. so, however-

that-

s. 2.

Second

S. ‘Z(n).

19iwa7
S. 2(a).

(a) any’ pension payable under this .Act to a .former
Judge pursuant to an election under this subsec
tion shall not be paid for any period prior to the
1st April, 1973;

. . . . . . . . . ,

1911987
S. Up).

(b) any pension paid pursuant to the Pensions Act to
a former Judge on or after the 1st April, 1973,
shall be deducted from any pension payable to
him under this Act;

(c) no pension or allowance payable to any person
by virtue of the application of this Act in relation
to a former Judge shall be paid to that person for
any period prior to the 1st April, 1973;

(4 the reference to this Act in paragraph (a) of sub-
section (2) of section 8 (which relates to deduction
of pension or gratuity already paid to a retired
Judge from any gratuity payable to his estate)
shall, for the purposes of this subsection, be
deemed to include reference to the Pensions Act;

(e) if a former Judge who has made an w o t r
under this subsection had exercised his option
under regulation 31 of the Pensions Regulations
(which relates to reduced pension and gratuity) the
pension payable to him under this Act shall be
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JUDICIARY

at the rate of three-fourths of the rate of pension
which, apart from this paragraph, would have been
so payable.

(4) In subsection (3) "former Judge" means a person Fi$7 .
who retired from the office of Judge on or after the 6th August,
1962, and prior to the 1 st April, 1973.

(5) Where a former Judge has died prior to the Pig.7
28th day of July, 1987, or dies subsequent to that date
having been unable, due to physical or mental incapacity, to
make an election pursuant to subsection (3), the election may
be made by his widow or, in default of an election by the
widow within six months after such date as aforesaid or the
date of death, whichever is the later, by his legal personal
representative.

3. In this Act- Interpre-
tation.

"the Constitution" means the Constitution of Jamaica;

"Court of Appeal" means the Court of Appeal
established by the Constitution;

"existing Judge" means a person who was a Judge on
the 3 1st day of March, 1973, or who became a
Judge after that date and before the 27th day of
November, 1973;

"Judge" means a Judge of the Court of Appeal or of
the Supreme Court but does not include a person
holding only acting office as such;

inclusion of this pap is auUloritcd by LN. 80~20081

Salaries
of Judges.
L.Nn.
137180,
78/83, '
230186,
88 J87,
30d88.
J . G. d.d.
21.9.1990,
L.Nn.
98& 1,
58/2000,
90/2002.
228/2006.

"pensionable emoluments", "public service" and "other
public service" have the same meanings as in the
Pensions Act, and for the purposes of the definition
of "pensionable emoluments", in so far as it
includes house allowance, the office of Judge shall
be deemed to be a prescribed office.

4.-(1). There shall be paid-

(a) to-

(i) the Chief Justice, a salary at the rate of
$4,738,000 per annum;

(ii) the Senior Puisne Judge, a salary at the
rate of $3,849,625 per annum;

(iii) every other Puisne Judge, a salary at the
rate of $3,553,500 per annum;

(i) the President of - the Court of peal,
a salary at the rate of $4,738,000 per
annum;

(ii) every other Judge of the Court of
Appeal, a salary at the rate of $4,145,750
per annum.

(2) The Minister responsible for finance may, taking
into account the recommendations contained in the report
referred to in section 4A, amend subsection (1) of this section
by order subject to negative resolution of the House of
Representatives, so as to increase any amount specified therein
from such date as may be specified in the order.

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JUDICIARY 6.01

4A.41) The Minister shall, within six months after the Appoint-

the 1st day of April in every third year or at such earlier :(.’”*
times as may be expedient appoint a Commission to-

(U) enquire into the adequacy of the salaries and other
amounts payable under this Act and the adequacy
of Judges’ benefits generally; and

(b) make such recommendations as the Commission
considers appropriate in relation to the matters
specified in paragraph (0).

ment of
1st day of April 1992, and thereafter within six months after c ommissien.

(2) A Commission referred to in subsection (1) shall

(U) consist of not less than three nor more than five
members;

be appointed by instrument in writing and shall-

(b) hold office for such period as may be specified in
the instrument of appointment;

(c) shall within three months of the date of appoint-
ment submit to the Minister a report containing
the recommendations referred to in subsection (I)
6).

(3) The Minister shall cause the report referred to
in subsection (2) (c) to be laid on the Table of the House of
Representatives and of the Senate.

5 . 4 1 ) Where a person retires in pensionable circum- Entiflmmt
stances from an office to which this Act applies he shall tomionr.
subject to subsection (2) be paid a pension and gratuity in

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6.02 JUDICIARY

accordance with this Act in lieu of any pension, allowance or
gratuity for which he may have been eligible, or which he
may have been granted, pursuant to the Pensions Act.

(2) If the pecsion and gratuity to which a person is
entitled pursuant to this Act is less than the pension and
gratuity for which he would have been eligible or which
he was granted pursuant to the Pensions Act, that person
may elect to retain his entitlement under the Pensions Act
and forego his entitlement under this Act.

(3) For the purposes of this section, a person retires in
pensionable circumtanoes if he retires-

(U) in the case of a person who at retirement holds the
ofEce of Chief Justice or President of the Court of
Appeal, at any age;

(6) in the case of a person who at retirement holds any
other office to which this Act applies-

(i) on or after attaining &he age of 55 years; or

(ii) on the ground of ill health as defined in sub-
section (4); or

(iii) if appointed a Judge in circumstances in
which public service prior to the appoint-
ment as a Judge does not fall to be taken
into account in the determination of the
rate of pension under this Act, at any age.

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JUDICIARY

(4) For the purposes of this Act, a person retires from
an office to which this Act applies on the ground of ill health
if-

(a) he retires on medical evidence, to the satisfaction of
the Governor-General, that he is incapable, by
reason of any infirmity of mind or body, of dis-
charging the duties of his office and that such in-
firmity is likely to be permanent; or

(b) in accordance with the Constitution, he is removed
from office for inability, arising from hfirmity of
mind or body or any other cause, to perform the
functions of his office.

(5) A person who, in accordance with the Constitution,
is removed from an oEce to which this Act applies for
misbehaviour may be granted by the Governor-General, in
lieu of any pension, allowance or gratuity for which he
may have been eligible pursuant to the Pensions Act,
a pension and gratuity not exceeding one-half of the pension
and gratuity to which he would have been entitled had he
retired in pensionable circumstances from such office.

(6) Pension payable in accordance with this section
shall be paid monthly in arrears with effect from the date of
retirement in pensionable circumstances and shall, subject to
the provisions of this Act, continue to be paid during the
lifetime of the person entitled thereto.

7

6 4 1 ) The rate of pension payable pursuant to subsection Rateof
(1) of section 5 shall, in the circumstances set out in the first rkp.
column of the First Schedule, be the annual rate prescribed Schedule.
in relation thereto in the second column of that Schedule.

(2) For the purposes of subsection (1) and the First
Schedule-

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8 JUDICIARY

(a) a person who was a Judge on the 31st March, 1973,
shall be deemed to have had public service together
with which his service as a Judge constitutes con-
tinuons service;

(b) the full period during which a person held the office
of Judge shall be taken into account, including any
period immediately prior to his appointment as
Judge during which he was appointed an acting
Judge; and

(c) where a period of public service by any person
is not continuous with his service as a Judge, the
Governor-General may, in such cases as he thinks
fit, determine that that person shall be deemed to
have had public service which together with his
service as a Judge constitutes continuous service.

Reduced

gratuity.

7 . 4 1 ) Any person to whom a pension (in this section
referred to as “the original pension”) is payable under section
5, may, at his option exercisable on his retirement in pension-
able circumstances or within such period prior to his retire-
ment as the Governor-General may allow, be paid, in lieu of
the original pension, a reduced pension at the rate of three-
fourths of the annual rate of the original pension together
with a gratuity (in this Act referred to as a “commuted pen-
sion gratuity”) equal to twelve and one-half times one-
quarter of the annual rate of the original pension.

(2) The option referred to in subsection (1) shall be
irrevocable unless the Governor-General, on such terms as
he considers reasonable, otherwise permits.

pension and

Gratuity 8 .41) Where a person dies while holding an office to
which this Act applies there shall be paid-

(a) to his legal personal representative, a gratuity of an
amount equivalent t o -

on death.

(i) one year’s pensionable emoluments; or
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JUDICIARY 9

(ii) the commuted pension gratuity for which
the person aforesaid had a right to opt pur-
suant to section 7 on the assumption that
he retired at the date of his death,

whichever is the greater: and

(b) to his widow (whether or not she is his legal per-
sonal representative) an amount equivalent to one-
sixth of the amount payable under paragraph (U) :

Provided that in the case of a widow of a person
who is at his death holding the office of Chief
Justice or President of the Court of Appeal the
fraction one-fifth, instead of the fraction one-sixth,
shall be deemed to be prescribed by this paragraph.

(2) Where a person dies while in receipt of a pension

(a) to his legal personal representative a gratuity of an
amount equivalent to one year's pensionable
emoluments of that person at the date of his retire-
ment or removal from office, from which gratuity
shall be deducted any pension or gratuity already
paid to that person under this Act; and

(b ) to his widow (whether or not she is his legal
personal representative) an amount equivalent to
one-sixth of one year's pensionable emoluments
of that person at the date of his retirement or
removal from office :

under this Act, there shall be paid-

Provided that in the case of a widow of a person
who was at the date of his retirement or removal
from office holding the office of Chief Justice or
President of the Court of Appeal the fraction
one-fifth instead of the fraction one-sixth shall be
deemed to be prescribed by this paragraph.

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10 JUDZCZARY

Widowsand

pension.

9.41) For the purposes of the Pensions (Civil Service
Family Benefits) Act, any office to which this Act applies
shall be deemed to be a pensionable office in the service
of the Island.

orphans

(2) Where a person dies while holding an office to
which this Act applies or while entitled to a pension under
section 6, there shall be paid to his widow a pension at
an annual rate equivalent to one-fifth of the pensionable
emoluments of the person aforesaid at the date of his death
or, if at that date he was entitled to receive a pension under
section 6, at the date of his retirement or, as the case may
be, removal from office in accordance with the Constitution.

(3) Pension payable to a widow pursuant to subsec-
tion (2) shall be paid monthly in arrears with effect from
the date of her husband’s death and shall, subject to the
provisions of this Act, continue to be paid during her
lifetime.

(4) In subsections (2) and (3) references to a widow
shall, in the case of a female Judge, be deemed to include
references to a widower and cognate expressions shall be
construed accordingly, and similarly references to a husband
shall be deemed to include references to a wife.

(5) Pension payable to a widow pursuant to subsec-
tion (2) shall be without prejudice to any pension to which
she may be entitled under the Pensions (Civil Service
Family Benefits) Act.

Pcnrionsto

when a

received or

the c aree dis-of

10.41) Where a person holding an office to which this
dependants

Judge dies
as a result of
injuries

direasecon-
tracted in

Act applies dies as a result of injuries received-
(U) in the actual discharge of his duties;
(b) in circumstances .in which the injury is not wholly

or mainly due to or seriously aggravated by his own
serious and culpable negligence or misconduct; and

his dhes.
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JUDICIARY 11

(c) on account of circumstances specifically attribut-

whiIe serving in that office it shall be lawful for the Govemor-
General to grant in addition to the amount, if any, payable
pursuant to sections 8 and !+-

(i) if the deceased officer leaves a widow, a pension to
her, while unmarried and of good character at a
rate not exceeding one-quarter of his annual
pensionable emoluments at the date of the injury;

(ii) if the deceased officer leaves a widow to whom a
pension is granted under paragraph (i) and a child
or children, a pension in respect of each child, until
such child attains the age of nineteen years, of an
amount not exceeding one-eighth of the pension
specified in such paragraph;

(iii) if the deceased officer leaves a child or children but
does not leave a widow or no pension is granted
to the widow, a pension in respect of each child,
until such child attains the age of nineteen years,
of double the amount specified in paragraph (ii);

(iv) if the deceased officer leaves a child or children and
a widow to whom a pension is granted under para-
graph (i), and the widow subsequently dies, a
pension in respect of each child, as from the date
of the death of the widow and until such child
attains the age of nineteen years of double the
amount specified in paragraph (ii);

(v) if the deceased officer does not leave a widow, or if
no pension is granted to his widow and if his
mother, or where his mother is dead, his father,
was wholly or mainly dependent on him for
support, a pension to the mother, or, where the
mother is dead, the father, while without adequate

able to the nature of his duty,

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12 JUDZCZA RY

means of support, of an amount not exceeding the
pension which might have bem granted the
deceased officer’s widow;

(vi) if the deceased officer leaves a widow to whom a
pension is granted under this section and a mother,
or, where his mother is dead, a father, who was
wholly or mainly dependent on him at the time of
death, a pension to the mother, or, where the
mother is dead, the father, while without adequate
means of support, of an amount not exceeding
one-half the amount which might have been
granted under paragraph (v);

(vii) if the deceased officer leaves a brother or sister who
was wholly or mainly dependent on him for support
and no pension is payable in respect of a child of
the deceased officer under this section, a pension
to each such brother or sister, subject to the same
conditions as if such brother or sister were a child
of the deceased officer, of an amount not exceeding
the pension payable in respect of a child of the
deceased officer under paragraph (ii), (iii) or (iv),
as the case may be :

Provided that-
(A) a pension shall not be payable under this subsection

at any time in respect of more than six children,
and where there are more than six children in
respect of whom, but for this proviso, a pension
would be payable, then the amount payable in
respect of six children shall be divided equally
among all such children during the period in which
there are more than six children under the age of
nineteen years;

(B) in the case of a pension granted to the mother of a
deceased officer under either paragraph (v) or para-

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JUDICIARY 13

graph (vi) such pension shall be paid only while the
mother remains of good character and, if the
mother is a widow at the time of the grant of the
pension and subsequently re-marries, such pension
shall cease as from the date of =-marriage; and if
it appears to the Governor-General at any time
that the mother is adequately provided with other
means of support, such pension shall cease as from
such date as the Governor-General may determine;

(C) a pension granted to a female child under this
section shall cease upon the marriage of such child
under the age of nineteen years;

(D) in the case of a pension granted to the father of a
deceased officer under either paragraph (v) or para-
graph (vi), if it appears to the Governor-General at
any time that the father is adequately provided
with other means of support such pension shall
cease as from such date as the Governor-General
may determine;

(E) notwithstanding that a pension to a child or to a
brother or sister of a deceased officer should cease
when such child, brother or sister, as the cwe may
be, attains the age of nineteen years, if such child,
brother or sister was incapacitated at the time of
the deceased officer’s death and was wholly or
mainly dependent on him the Governor-General
may, in his discretion, grant, or, as the case may be,
authorize the continued payment after attainment
of the age of nineteen years of, a pension in respect
of such child or, as the case may be, such brother
or sister during the period of incapacity or for such
period as the Governor-General may, in his dis-
cretion, determine and the Governor-General may,
in his discretion, increase or reduce the amount of
pension payable in respect of such child or such

rraS inclusion of this page is authorized by L.N. 60/1976]

14 JUDlClARY

brother or sister to such amount as the Governor-
General thinks fit.

(2) For the purpose of this section unless the contrary
intention appears-

(U) the word “child” includes-

(i) a posthumous child;

(ii) a step-child or illegitimate child born before
the date of the injury and wholly or mainly
dependent upon the deceased officer for sup-
port; and

(iii) an adopted child, adopted in a manner recog-
nized by law, before the date of the injury
and wholly or mainly dependent upon the
deceased officer for support;

(b) references to an officer being injured in the circum-
stances detailed in paragraphs (a), (b) and (c) of sub-
section (1) and to the date on which an injury is
sustained shall respectively be construed as
including references to him contracting a disease
to which he is exposed specifically by the nature
of his duty, not being a disease wholly or mainly
due to or seriously aggravated by his own serious
and culpable negligence or misconduct, and to the
date on which such disease is contracted.

(3) An officer who dies as a result of injuries received
while travelling in pursuance of official instructions shall be
deemed to have died in the circumstances detailed in
paragraphs (U) and (c) of subsection (1).

(4) Nothing in this section shall authorize the making
of an award where the date on which an injury is sustained
is more than seven years prior to the date of the 05cer’s
death.

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3UDlClARY 15

11. A pension or gratuity payable under this Act shall Pensions.
ctc., not

assignable.
not be assignable or transferable except for the purpose of tobe
satidying-

(U) a debt due to the Government; or
(b) an order of any court for the payment of periodical

sums of money towards the maintenance of the
wife, or former wife, or minor child, of the officer
to whom the pension or gratuity is payable,

and shall not be liable to be attached, sequestered or levied
upon, for or in respect of any debt or claim whatever except
a debt due to the Government:

Provided that an assignment or transfer of not more than
one-fifth of any commuted pension gratuity payable by virtue
of this Act may be made for the purpose of repaying a debt
due to the Jamaica Civil Service Mutual Thrift Society
Limited.

12.-(1) The Minister may make regulations generally for
the carrying out of the provisions of this Act and, without tions.
prejudice to the generality of the foregoing, may, taking 1211992
into account any recommendations contained in the report
referred to in section 4A, make regulations-

(a) relating to the terms of service of, and the
allowances payable to, or in respect of, the holder
of an office to which this Act applies;

6) applying, with such adaptations and modific.ations
as he thinks fit, the provisions of this Act and of
the Pensions Act in relation to a Judge who has
other public service.

(2) Whenever the Minister is satisfied that it is
equitable that any regulation made under subsection (1)
should have retrospective effect in order to confer a benefit
upon or remove a disability attaching to any person that
regulation may be given retrospective effect for that pur-
pose :

s. 4.

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16 JUDICIARY

Provided that no such regulation shall have retrospective
effect unless it has received the prior approval of the House
of Representatives signified by resolution.

(3) Until varied or revoked by regulations made
under subsection (1) the regulations set out in the Second

(4) All regulations made under this section shall have
the same force and effect as if they were contained in the
Second Schedule.

Second
sched*. Schedule shall have effect.

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IUDICIA R Y

FIRST SCHEDULE

17

(Section 6)

C.ircumstances

1. If the officer had public ser-
vice together with which his
service as a Judge constitutes
continuous service and retires
on attaining the age of 55
years or. not having attained
that age, on the ground of ill
health.

2. If the officer h3d such public
service as aforesaid and
retires on or after attaining
the age of 65 years or, having
attained the age of 55 years,
on the ground of ill health.

3. If the officer had such public
service as aforesaid and
retires after attaining the age
of 55 years but before attain-
ing the age of 65 years and
his rate of pension does not
fall to be determined under
paragraph 2 of this Schedule.

4. If the officer retires at any
age from the office of Chief
Justice or President of the
Court of Appeal.

5. If the officer ntircs in circum-
stances under which the rate
of pension dow not fall to be
determined in accordance with
paragraph 1. 2. 3 or 4 of this
Schedule.

Rate of Pension

An annual rate equivalent to
two-thirds of his pensionable
emoluments at date of retire-
ment.

An annual rate equivalent to his
pensionable emoluments at date
of retirement.

An annual rate equivalent to the
sum of two-thirds of his pen-
sionable emoluments at date of
retirement and one-three hun-
dred and sixtieths of such pen-
sionable emoluments in respect
of each month of service as a
Judge after attaining the age of
55 years

An annual rate equivalent to his
pensionable emoluments at date
of retirement.

An annual rate equivalenf to the
sum of one-third of his pension-
able emoluments at date of
retirement and one-three hun-
dred and sixtieths of such pen-
sionable emoluments in respect
of each month of service as a
Judge:

Provided that the rate of pen-
sion shall not ex& the annual
rate of such pensionable emolu-
ments.

I

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IS JUDICIARY

Citation.

Interpre-
tation.
Appen-
dix 11.

Authority
to grant
leave and
leave
passages.

Leave
entitle-
mcnt.
Appen-
d i x I.

Leave
passages.

Housing.

SECOND SCHEDULE
THE JUDICIARY REGULATIONS

(Section 12)

Pieliminaq
1. These Regulations may be cited as the Judiciary Regulations. 1973.

2. In these Regulations “leave passage” has the meaning assigned
tu it in Appendix U.

Leave and Leave Passages
3. Authority to grant leave of any kind, to authorize a Judge to be

absent from Jamaica and to authorize the payment of leave passagcs
shall-

(a) in the case of the Chief Justice or the President of the Court
of Appeal, be vested in the Governor-General,

(b) in any other case, be vested in the Chief Justice.

4. (1) Subject to paragraph (2). the leave for which Judges are dig.
iblt and the extent to which any leave may be accumulated and other
provisions applicable thereto are as set out in Appendix L

(2) Where in any case, at the 1st day of April, 1973, leave in excess
of the rates prescribed under paragraph (1) formed a part of the terms
and conditions of a Judge’s service his eligibility for leave and the extent
to which such leave may be accumulated shall continue to be regulated
by those te rns and conditions.

(3) Nothing in this regulation shall preclude the grant of special
leave on terms approved with the concurrence of the Minister res-
ponsible for finance.

5 . Judges shall be. eligible for leave passages in accordance with
the provisions set out in Appendix 11.

Housing
6. (1) Subject to the provisions of this regulation fully furnished

residences of a standard and in a locality approved by the Chief Justice
shall be provided for all Judges-

(a) in the case of the Chief Justice and of the President of the
Court of Appeal. rent free;

(b) in all other cases, at an annual rental equivalent to the sum
of-

(i) 10% of the annual salary of the Judge subject to a
maximum of $360 per m u m : and

(i) 3% of the value of the furniture.
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JUDICIARY 19

(2) Where a residence of suitable quality is not provided or avail-
able a house allowance shall be paid to the Judge at a rate approved
by the Minister responsible for finance.

(3) The alIocation of houses to Judges shall be in the discretion
of the Chief Justice subject to the approval of the Minister responsible
for finance.

Transport and Subsistence
7. Each Judge shall be paid a transport allowaooe at the rate Transpod

approved by the Minister responsible for hance for the upkeep of allowano
his means of transport.

8. Where for the purposes of any official duty a Judge is required ~ ~ ~ t m c e ,
to travel to any parish other than Kingston or Saint Andrew he shall,
in respect of such travel, be paid a commuted travel and subsistence
allowance at the rate of $30 per day.

Telephones
9. There shall be paid for the Chief Justice and the President of the Telephone

Court of Appeal the cost of rental of a telephone at their respective aiiowancc.
residences and also such metered and other telephone charges (excepting
overseas calls) as are claimed by them.

Medical Treatment
10. A Judge is entitled, without charge, to operative, medical and

psychiatric treatment, X-ray, bacteriological and pathological examina-
tions. and physiotherapy treatment and to all incidental hospitalization
services at any hospital or other institution established and maintained
(whether wholly or partly) by the Government.

Medical

Entertainment md other Allowances L.N.
166/77

Enertain-
ment and
OthSr
allowances.
L.N.

11. There shall be pid-
(a) to the Chief Justice:
(b ) to the President of the Court of Appeal; and
[c) to the other Judges of the Court of Appeal and of the Supreme 166,77

Court,
such entertainment and other allowances as may from time to time
be determined by the Minister responsible for finance.

Whe inclusion of this page i s authorized by L.N. 68/1978]

20 JUDlClARY

APPENDIX I (Regulation 4)
1. (1) The annual rates of vacation, sick and departmental leave shall

be as follows-

Vacation
Sick Departmental

(Calendar Year) (Calendar Year)
__ - -

35 days accumulative to 14 days 13 days
105 days:

Provided that vacation leave
may be accumulated to a maxi-
mum of 115 days in the case of
a Judge who, having accumulated
I05 days, is denied leave owing
to the exigencies of the service.
(2) Additional sick leave may be granted in such circumstances

(a) in the case of the Chief Justice or the President of the Court
of Appeal. by the Governor-General;

(6) in any other case, by the Chief Justice.

L.N.
166171

L.N.
166177 and on such terms and conditions as may be approved-

2. Leave other than departmental leave will normally count from the
working day after a Judge ceases duty until the working day preceding
that on which he resumed duty (both dates inclusive).

3. (1) Any leave granted may be cancelled if it is desirable that a
Judge should resume duty bcfore the expiration of the leave granted.
so, however, that subject to sub-paragraph (Z), the unexpired portion
of leave may be taken on a subsequent occasion.

(2) Any further accumulation of leave consequent on cancellation
shall be subjected to the limits prescribed in paragraph 1 of this
Appendix.

4. Where vacation leave is spent in some place other than Jamaica the
time necessarily taken on the journey to and from that place (not exceed-
ing 14 days each way) shall be regarded as travel time in respect of which
salary is payable and shall not count as part of the leave granted:

Provided that the travel time concession shall not be g m ~ -
(a) unless the Judge-

(;) has not less than two years service (including. where
appropriate, public service together with which his ser-
vice as a Judge is continuous); or

(ii) completes not less .than two years service after ,the
last occasion on which he was granted the concession;
or

(b) if the Judge is proceeding on leave prior to retirement or
resignation.

[The inclusion of this page is authorized by LN. 68119781

JUDICIARY 21

APPENDIX XI
Leave Passages

(Regulations 3 and 5)

1. (1) In this Appendix- Interpre-
“children” means the children of a Judge (including legaI1y adopted

children and step-children of the Judze or of his wife) who are
Ixlow the age of 18 years, or if attending full-time at a LN.
recognised educational institution below the age of 21 years. 6 1 ~ / 1 9 8 3 .
unmarried and dependent upon him;

“Government” means the Government of Jamaica;
‘leave passage” means return Erst class passages by sea or air

or overland or any combination of these by a route approved
as a normal route between Jamaica and some other country,
provided by the Government for a Judge, his wife (if any)
and children (if any) :

Provided that-
(a) the cost to the Government in respect of each person

(i) the full actual cost of a first class return
passage to that country; or

(ii) $966 or such other sum as the Minister
responsible for finance may from time to time

shall not exceed-

approve,
whichever is the less; and

(6) the total amount payable by the Government shaU
not exceed $3,900 or such other sum as the Minister
responsible for iinance may from time to time
approve:

“prescribed minimum tour” means a period of three years’ service
as a Judge commencing on the later of the following dates,
that is to say-

(a) the date of appointment as a Judge: or
(b) the date of resumption of duty after the expiration.

of any leave which was the occasion of the grant of
a passap allowance or any portion thereof. or, if
there be more than one such date, the last such date,

and for tbe purposes of this definition a period of public
service with which service as a Judge was continuous shall be
treated as if it were servicz as a Judge;

“tour” means a period of service as a Judge in respect of which
entitlement to leave passages accrues and includes any
period of leave which was not the occasion of the grant of
leave passages or any portion of a leave passage.

(2) In this Appendix where reference is made to a Judge’s wife the
reference shall. in the case of a female Judge, be deemed to include L.N. 16611r
reference to the Judge’s husband.

“k inclusion of this page is authorized by L.N. 55(1984]

22 JUDICIARY

Grant of
leave
passages
oii comple-
r i m of
minimum
tom.
Family may
travel in
advance of
or after
Judge.

Lcave
passages
gran!ed 10
suit con-
i cnience of
Govern-
meni

cnrnpietion
of Lour.

Leave
passages
nrior to
rufrement.

2. Subject to paragraphs 4, 5 and 6, a Judge shall, on his application,
he entitled to the grant of leave passages in respect of himself, his wife
and children in so far as they are included in his application if, havlng
completed the prescribed minimum tour, he is authorized to he absent
from Jamaica and travels abroad on leave.

3. Leave passages shall be payable in such manner as to enable a
Judge’s wife or children or both the wife and children to precede or to
follow him, if he so desires, on the outward or return journey, as the
case may require.

4. Where a Judge is granted vacation leave, not earlier than six months
prior to the completion of the prescribed minimum tour, to suit the
convenience of Government or on the ground of public interest, he shall
nevertheless be granted leave passages provided that his next tour shall
he lengthened by the period by which the preceding roiir was shortened.

5. (1) Where leave is desired on grounds of ill health, urgent private
affairs or for purposes of study, a Judge who has not completed the
prescribed minimum tour may be granted such propo!tion oE the
cost of leave passages as the period of his service which might be taken
into account in computing the prescribed minimum tour bears to the
prescribed minimum tour.

(2) A similar facility may he granted where the leave passages
are required on grounds other than those specified in sub-paragraph (1)
if the Judge has served for at least one-half of tbe prescribed minimum
tour.

6. (1) A Judge may be granted leave passage to enable him to proceed
abroad on leave prior to retirement on pension, so, however, that if he
has not at the commencement of his leave completed the prescribed
minimum tour he may be granted such propoaion of the cost of leave
passages as the period of his service which might be taken into account
in computing the prescribed minimum tour hears to the prescribed
minimum tour.

(2) Leave passages shall be granted under sub-paragraph ( I )
only if the Judge leaves the Island before the date on which his
retirement takes effect.

K h e inclusion of !his page is authorized by L.N. 55/1984]
Read Entire Law on www.moj.gov.jm