Judicial Pensions and Retirement Act 1993

(2A) The chairman of a tribunal shall vacate his office on the day on which he attains the age of seventy years; but this sub-paragraph is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of seventy-five years).

• (3) In paragraph 13 (membership of advisory bodies) after sub-paragraph (1) there shall be inserted—

(1A) The chairman of an advisory body shall vacate his office on the day on which he attains the age of seventy years; but this sub-paragraph is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of seventy-five years).

Restrictive Practices Court

43

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

Tribunals constituted under section 706 of the Income and Corporation Taxes Act 1988

44

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

Arbitrator appointed under the Agricultural Holdings Act 1986

45

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

Agricultural Land Tribunals

46

• (1) Schedule 9 to the Agriculture Act 1947 (constitution etc of Agricultural Land Tribunals) shall be amended in accordance with this paragraph.

• (2) In paragraph 13 (which relates to the chairmen of such Tribunals), in sub-paragraph (2)—

• (a) at the beginning there shall be inserted the words “ Subject to sub-paragraph (2A) of this paragraph, ”; and

• (b) for the words “three years” there shall be substituted “ such period as may be specified in the terms of his appointment ”.

• (3) After that sub-paragraph there shall be inserted—

(2A) No appointment of a person to be the chairman shall be such as to extend beyond the day on which he attains the age of seventy years; but this sub-paragraph is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of seventy-five years).

• (4) Paragraph 14 (which provides for there to be a panel of deputy-chairmen for each such Tribunal) shall be numbered as sub-paragraph (1) of that paragraph, and at the end of that paragraph there shall be added—

(2) A member of the panel of deputy-chairmen shall vacate his office on the day on which he attains the age of seventy years; but this sub-paragraph is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of seventy-five years).

• (5) In paragraph 15 (which provides for there to be panels of persons representing farmers’ and landowners’ interests), after sub-paragraph (1) there shall be inserted—

(1A) A member of either of the panels drawn up under sub-paragraph (1) of this paragraph shall vacate his office on the day on which he attains the age of seventy years; but this sub-paragraph is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of seventy-five years).

The Aircraft and Shipbuilding Industries Arbitration Tribunal

47

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

Chairman of a tribunal established by section 29 of the Betting, Gaming and Lotteries Act 1963

48

In section 29 of the Betting, Gaming and Lotteries Act 1963 (appointment of a tribunal to hear appeals concerning bookmakers’ levy) at the end of subsection (2) there shall be added the words “ , but subject, in the case of the chairman, to subsection (2A) of this section ”, and after that subsection there shall be inserted—

(2A) The chairman of any such tribunal shall vacate his office on the day on which he attains the age of seventy years; but this subsection is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of seventy-five years).

The Copyright Tribunal

49

In section 146 of the Copyright, Designs and Patents Act 1988 (membership of the Copyright Tribunal) after subsection (3) there shall be inserted—

(3A) A person who is the chairman or a deputy chairman of the Tribunal shall vacate his office on the day on which he attains the age of 70 years; but this subsection is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of 75 years).

The Data Protection Tribunal

50

In Schedule 2 to the Data Protection Act 1984, in paragraph 8 (tenure of office of members of the Data Protection Tribunal), at the beginning of sub-paragraph (1) there shall be inserted the words “ Subject to the following provisions of this paragraph, ” and at the end of that paragraph there shall be added—

(3) A person who is the chairman or a deputy chairman of the Tribunal shall vacate his office on the day on which he attains the age of seventy years; but this sub-paragraph is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of seventy-five years).

Independent Schools Tribunals

51

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

President of a tribunal constituted under Schedule 3 to the Industry Act 1975

52

• (1) In Schedule 3 to the Industry Act 1975, paragraph 6 (terms of appointment of members of a tribunal established to arbitrate in a dispute arising under that Act) shall be numbered as sub-paragraph (1) of that paragraph.

• (2) At the beginning of that sub-paragraph there shall be inserted the words “ Subject, in the case of the president of a tribunal, to sub-paragraph (2) below ”, and after that sub-paragraph there shall be added—

(2) No appointment of a person to be the president of a tribunal shall be such as to extend beyond the day on which he attains the age of 70 years; but this paragraph is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of 75 years).

Tribunal constituted under Schedule 9 to the National Health Service Act 1977

53

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

Chairman of the Plant Varieties and Seeds Tribunal

54

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

Chairman of a Registered Homes Tribunal

55

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

Rent Assessment Committees

56

In Schedule 10 to the Rent Act 1977, after paragraph 2 (appointment by Lord Chancellor or Secretary of State of persons to constitute the panels from which the members of rent assessment committees are selected) there shall be inserted—

(2A) No appointment of a person to any panel by the Lord Chancellor shall be such as to extend beyond the day on which the person attains the age of seventy years; but this sub-paragraph is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (Lord Chancellor’s power to authorise continuance in office up to the age of seventy-five years).

The Transport Tribunal

57

• (1) Paragraph 3 of Schedule 4 to the Transport Act 1985 (tenure of office of judicial members) shall be amended in accordance with the following provisions of this paragraph.

• (2) In sub-paragraph (1) (judicial member to hold office until the end of the completed year of service in which he attains the age of 72 and then retire)—

• (a) after the words “Subject to the following provisions of this paragraph” there shall be inserted the words “ and to subsections (4) to (6) of section 26 of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of seventy-five) ”; and

• (b) for the words “the end of the completed year of service in which he attains the age of seventy-two” there shall be substituted the words “ the day on which he attains the age of seventy ”.

• (3) Sub-paragraph (2) (which contains power to continue the member’s appointment up to the age of 75 and which is superseded by section 26(4) to (6) of this Act) shall cease to have effect.

Tribunal established under section 9 of the Wireless Telegraphy Act 1949

58

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

Wreck commissioner

59

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

Chairman of a Reinstatement Committee

60

In Schedule 2 to the Reserve Forces (Safeguard of Employment) Act 1985, paragraph 2 (composition of Reinstatement Committees) shall be numbered as sub-paragraph (1) of that paragraph and at the end of that paragraph there shall be added—

(2) A member of the panel of persons referred to in sub-paragraph (1)(a) shall vacate his office on the day on which he attains the age of seventy years; but this sub-paragraph is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of seventy-five years).

Tribunals constituted for the purposes of section 150(4) of the Mines and Quarries Act 1954

61

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

Courts of inquiry under section 52 of the Merchant Shipping Act 1970

62

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

Chairman of a vaccine damage tribunal in Northern Ireland

63

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

Chairman of a tribunal constituted under section 47 of the Building Societies Act 1986

64

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

Chairman of a tribunal constituted under section 28 of the Banking Act 1987

65

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

Arbitrators appointed under Schedule 10 to the Electricity Act 1989

66

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

Chairman of a tribunal constituted under Schedule 3 to the Education (Schools) Act 1992

67

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

Chairman of a tribunal constituted under section 59 of the Friendly Societies Act 1992

68

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

SCHEDULE 7

Interpretation

1

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) For the purposes of this Schedule, a person’s office—

• (a) is “salaried” if and so long as his service in the office is remunerated by payment of a salary; and

• (b) is “fee-paid” if and so long as his service in the office is remunerated by the payment of fees;

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Salaried offices

2

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

Fee-paid offices

3

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

Persons holding a relevant office by virtue of a continuation power

4

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

Ascertainment of potential retirement date

5

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

SCHEDULE 8

The Courts-Martial (Appeals) Act 1951

1

Section 35 of the Courts-Martial (Appeals) Act 1951 (pension arrangements for Vice Judge Advocate General, Assistant Judge Advocates General and Deputy Judge Advocates) shall be numbered as subsection (1) of that section and at the end of that section there shall be added—

(2) The foregoing subsection shall not have effect in relation to a person to whom Part I of the Judicial Pensions and Retirement Act 1993 applies, except to the extent provided by or under that Act.

The County Courts Act (Northern Ireland) 1959

2

At the end of section 116 of the County Courts Act (Northern Ireland) 1959 (pensions of county court judges in Northern Ireland) there shall be added—

(7) This Part shall not have effect in relation to a person to whom Part I of the Judicial Pensions and Retirement Act 1993 applies, except to the extent provided by or under that Act.

The Resident Magistrates’ Pensions Act (Northern Ireland) 1960

3

In section 2 of the Resident Magistrates’ Pensions Act (Northern Ireland) 1960 (pensions of resident magistrates in Northern Ireland) after subsection (1) there shall be inserted—

(1A) This Act shall not have effect in relation to a person to whom Part I of the Judicial Pensions and Retirement Act 1993 applies, except to the extent provided by or under that Act.

The Foreign Compensation Act 1962

4

In section 3 of the Foreign Compensation Act 1962, after subsection (1) (which makes provision for the pensions or other benefits payable to or in respect of members of the Foreign Compensation Commission) there shall be inserted—

(1A) Subsection (1) above shall not have effect in relation to a chairman or former chairman of the Commission who is a person to whom Part I of the Judicial Pensions and Retirement Act 1993 applies, except to the extent provided by or under that Act.

The Lands Tribunal and Compensation Act (Northern Ireland) 1964

5

In section 2 of the Lands Tribunal and Compensation Act (Northern Ireland) 1964 (pensions of members of the Lands Tribunal for Northern Ireland) after subsection (5) there shall be inserted—

(5A) Subsection (5), so far as relating to allowances and gratuities by way of superannuation, shall not have effect in relation to persons to whom Part I of the Judicial Pensions and Retirement Act 1993 applies, except to the extent provided by or under that Act.

The Superannuation Act 1965

6

In section 39A of the Superannuation Act 1965 (superannuation benefits in respect of persons who have been employed in two or more judicial offices) in subsection (6), in the definition of “judicial office”, after the word “means” there shall be inserted—

(a) any qualifying judicial office, within the meaning of the Judicial Pensions and Retirement Act 1993, and (b)

.

The Superannuation (Miscellaneous Provisions) Act (Northern Ireland) 1969

7

In section 2 of the Superannuation (Miscellaneous Provisions) Act (Northern Ireland) 1969 (pensions for president of the industrial court, president and vice-president of the industrial tribunals and the Fair Employment Tribunal, etc in Northern Ireland) after subsection (1) there shall be inserted—

(1A) Subsection (1) shall not apply in relation to a person to whom Part I of the Judicial Pensions and Retirement Act 1993 applies, except to the extent provided by or under that Act.

The Taxes Management Act 1970

8

In section 4 of the Taxes Management Act 1970, after subsection (6) (pensions, allowances and gratuities payable to or in respect of Special Commissioners) there shall be inserted—

(6A) Subsection (6) above, so far as relating to pensions (including allowances and gratuities), shall not have effect in relation to a person to whom Part I of the Judicial Pensions and Retirement Act 1993 applies, except to the extent provided by or under that Act.

The Immigration Act 1971

9

In Schedule 5 to the Immigration Act 1971, paragraphs 3 and 9 (which, among other things, make provision for the pensions, allowances and gratuities etc payable to or in respect of immigration adjudicators and members of the Immigration Appeal Tribunal) shall each be numbered as sub-paragraph (1) and at the end of each of those paragraphs there shall be added—

(2) Sub-paragraph (1)(b) above shall not have effect in relation to a person to whom Part I of the Judicial Pensions and Retirement Act 1993 applies, except to the extent provided by or under that Act.

The Administration of Justice Act 1973

10

• (1) Section 10 of the Administration of Justice Act 1973 (which, as it has effect by virtue of subsection (8) thereof, provides for certain widow’s and children’s pensions in Northern Ireland to be increased) shall be amended as follows—

• (a) in subsections (1), (2)(a) and (3), after the words “or widow’s” in each place there shall be inserted the words “ or widower’s ”;

• (b) in subsection (2)—

• (i) in paragraph (b), after the word “widow”, where it occurs for the first time, there shall be inserted the words “ or widower ”, and

• (ii) in sub-paragraph (i) of that paragraph, for the words from “was” to “and” there shall be substituted the words “ left a spouse and he or ”;

• (c) in subsection (4)—

• (i) after the word “him” or “his” in each place there shall be inserted the words “ or her ”, and

• (ii) in sub-paragraph (c), after the word “widow’s” there shall be inserted the word “ widower’s ”; and

• (d) in subsection (5), after the word “widow’s” there shall be inserted the word “ widower’s ”.

• (2) In Schedule 3 to the Administration of Justice Act 1973 (which sets out the enactments in relation to which section 10 of that Act has effect), in paragraph 3, for the reference to the Department of Health and Social Services for Northern Ireland there shall be substituted a reference to the Department of Economic Development.

The Social Security (Northern Ireland) Act 1975

11

In paragraph 6 of Schedule 10 to the Social Security (Northern Ireland) Act 1975 (pensions of social security commissioners in Northern Ireland) after sub-paragraph (1) there shall be inserted—

(1A) Sub-paragraph (1) shall not have effect in relation to a person to whom Part I of the Judicial Pensions and Retirement Act 1993 applies, except to the extent provided by or under that Act.

The Social Security Pensions Act 1975

12

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

The Social Security Pensions (Northern Ireland) Order 1975

13

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

The Judicature (Northern Ireland) Act 1978

14

At the end of section 72 of the Judicature (Northern Ireland) Act 1978 (pension arrangements for statutory officers) there shall be added—

(4) This section does not apply to a person to whom Part I of the Judicial Pensions and Retirement Act 1993 applies, except to the extent provided by or under that Act.

The Supreme Court Act 1981

15

• (1) In section 12 of the Supreme Court Act 1981, in subsection (7) (pensions to be payable to or in respect of the judges mentioned in subsection (1) in accordance with section 2 of the 1981 Act) after the words “section 2 of the Judicial Pensions Act 1981” there shall be inserted the words “ or, in the case of a judge who is a person to whom Part I of the Judicial Pensions and Retirement Act 1993 applies, in accordance with that Act ”.

• (2) In section 93 of that Act (certain officers to be treated as employed in the civil service of the State for the purposes of salary and pension), in subsection (2) (exception, in respect of pension, for persons holding offices specified in paragraph 1 of Schedule 1 to the 1981 Act) for the words from “an office” onwards there shall be substituted the words “ qualifying judicial office, within the meaning of the Judicial Pensions and Retirement Act 1993. ”

• (3) In section 102 of that Act (deputy district judges for district registries of the High Court), for subsection (5) (which includes a reference to section 91(5) of that Act, a provision which is repealed by this Act) there shall be substituted—

(5) Subsection (6) of section 91 applies in relation to a deputy district judge appointed under this section as it applies in relation to a person appointed under that section.

The Value Added Tax Act 1983

16

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

The County Courts Act 1984

17

In the County Courts Act 1984—

• (a) section 7 (which relates to assistant district judges), and

• (b) in section 9 (qualifications for appointment) the words “assistant district judge”,

shall cease to have effect.

The Social Security Act 1986

18

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

The Social Security (Northern Ireland) Order 1986

19

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

The Criminal Justice Act 1988

20

In Schedule 6 to the Criminal Justice Act 1988, in paragraph 3, after sub-paragraph (2) (pensions, allowances and gratuities payable to or in respect of members of the Criminal Injuries Compensation Board) there shall be added—

(3) Sub-paragraph (2) above does not apply to a chairman or former chairman of the Board who is a person to whom Part I of the Judicial Pensions and Retirement Act 1993 applies, except to the extent provided by or under that Act.

The Child Support Act 1991

21

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) In Schedule 4 to that Act, at the end of paragraph 2 (remuneration and expenses of, and pensions, allowances or gratuities for, Child Support Commissioners) there shall be added—

(3) Sub-paragraph (1), so far as relating to pensions, allowances or gratuities, shall not have effect in relation to any person to whom Part I of the Judicial Pensions and Retirement Act 1993 applies, except to the extent provided by or under that Act.

The Child Support (Northern Ireland) Order 1991

22

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

The Social Security Administration Act 1992

23

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

The Social Security Administration (Northern Ireland) Act 1992

24

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

SCHEDULE 9

The judicial officer’s entitlement to a pension.

Transfer of rights under judicial pension schemes.

12A

• (1) Where this Part—

• (a) begins, on or after the day on which this section comes into force, to apply to a person by virtue of section 1(1)(d) above, or

• (b) begins to apply to a person—

• (i) by virtue of section 1(1)(e) above, or

• (ii) by virtue of paragraph 11(4) of Schedule 9 to the Tribunals, Courts and Enforcement Act 2007,

any relevant public service pension rights of his shall be transferred to the scheme constituted by this Part.

• (2) Where a person's rights under a public service pension scheme are transferred under subsection (1) above—

• (a) that scheme shall no longer have effect in relation to him, and

• (b) no pension or lump sum under the scheme shall be paid to or in respect of him.

• (3) Regulations may make provision—

• (a) for calculating, whether by actuarial assessment or otherwise, the amount or value of the rights transferred under subsection (1) above, and

• (b) prescribing the manner in which those rights are to be given effect under this Part.

• (4) Without prejudice to the generality of paragraph (b) of subsection (3) above, regulations under that paragraph may provide for rights transferred under subsection (1) above to be given effect by crediting the person in question with such service, on or after the day on which this Part first applies to the person, as may be prescribed.

• (5) For the purposes of this section, a persons's “relevant public service pension rights” are the person's accrued rights to benefit under any public service pension scheme, but this is subject to subsections (6) to (8) below.

• (6) A person's rights under a public service pension scheme are not “relevant public service pension rights” if the scheme is a judicial pension scheme other than—

• (a) the principal civil service pension scheme, or

• (b) the principal civil service pension scheme for the civil service of Northern Ireland.

• (7) A person's rights—

• (a) under the principal civil service pension scheme, or

• (b) under the principal civil service pension scheme for the civil service of Northern Ireland,

are not “relevant public service pension rights” if they are transferred under section 12 above.

• (8) A person's rights under a public service pension scheme are not “relevant public service pension rights” unless at least some of his service which was subject to the scheme was qualifying tribunal service and, in that event, all of his rights under the scheme shall be regarded as relevant public service pension rights.

• (9) In this section—

• “prescribe” means prescribe in regulations;

• “public service pension scheme” means any public service pension scheme, as defined in—section 1 of the Pension Schemes Act 1993, orsection 1 of the Pension Schemes (Northern Ireland) Act 1993;

• “qualifying tribunal service” means—service as, or as a member of, a tribunal specified in a list in Schedule 6 to the Tribunals, Courts and Enforcement Act 2007 that has effect for the purposes of section 30 of that Act, orservice as an authorised decision-maker for a tribunal, within the meaning given by section 31(4) of that Act;

• “regulations” means regulations made by the Lord Chancellor with the concurrence of the Treasury.

12B

Entitlement to, and the rate or amount of, any judicial pension or derivative benefit payable under this Part to or in respect of a person whose rights are transferred under section 12 or 12A above shall be determined by reference to—

• (a) any rights of his that are transferred under section 12 above,

• (b) any rights of his that are transferred under section 12A above, and

• (c) his service in qualifying judicial office on or after the day on which this Part first applies to him.

Transfer of accrued benefits.

23A

Schedule 2A to this Act shall have effect with respect to the creation and implementation of pension credits affecting a pension scheme constituted by Part I or Section 19 of this Act.

28A

The Lord Chancellor and the Department of Justice in Northern Ireland may make arrangements under which the Department is to make contributions to the cost of the liabilities under this Act for pensions, lump sums or other payments in respect of persons' service in qualifying judicial office in Northern Ireland or as a fee-paid judge in Northern Ireland (within the meaning given by section 18A) .

SCHEDULE 1A

The commencement date

1

In this Schedule “the commencement date” means 5th December 2005.

Service wholly before the commencement date

2

No surviving civil partner's pension shall be payable in respect of a person who retires from qualifying judicial office before the commencement date.

Service partly before and partly on the commencement date

3

• (1) The annual rate of a surviving civil partner's pension in respect of a person who—

• (a) holds qualifying judicial office before the commencement date; and

• (b) continues to do so on that date,

shall be calculated in accordance with section 5.

• (2) Sub-paragraph (1) does not apply if, within, 6 months of the formation of the civil partnership, the person elects for the annual rate of the surviving civil partner's pension to be calculated under sub-paragraph (3).

• (3) Where the annual rate of a surviving civil partner's pension falls to be calculated under this sub-paragraph, that pension shall be calculated in accordance with section 5, but solely for the purpose of this sub-paragraph, the annual rate of the deceased's judicial pension shall be deemed to be that to which he would have been entitled had he first been appointed to qualifying judicial office on the commencement date.

• (4) An election under sub-paragraph (2) must be made in writing to the administrators.

• (5) An election under sub-paragraph (2) is irrevocable.

SCHEDULE 2A

1

• (1) In any case where—

• (a) a person (“the transferee”) becomes entitled to a pension credit under section 29 of the Welfare Reform and Pensions Act 1999 (“the 1999 Act”); and

• (b) that pension credit is derived from the rights of another person (“the transferor”) under—

• (i) an occupational pension scheme constituted by Part I or section 19 of this Act; or

• (ii) any scheme in relation to which a scheme within sub-paragraph (i) is specified as an alternative for the purposes of paragraph 2 of Schedule 5 to the 1999 Act,

the transferee shall become entitled to rights under this paragraph in respect of that pension credit.

• (2) The rights which are to be provided under this paragraph shall be so calculated as to be appropriate rights for the purposes of paragraph 5 of Schedule 5 to the 1999 Act, and any regulations made by the Secretary of State for the purposes of that paragraph shall apply accordingly.

• (3) Subject to sub-paragraph (2) above, the rights which are to be provided under this paragraph, shall be such as may be prescribed by the appropriate Minister in regulations, which shall provide for the calculation and payment of any sums payable as part of those rights.

• (4) Regulations under sub-paragraph (3) above may—

• (a) provide for the calculation of the amounts payable in such manner as may, in the particular case, be approved by a person prescribed by the regulations, or in accordance with guidance from time to time prepared by a person so prescribed;

• (b) include provision by reference to regulations made under section 30 of or Schedule 5 to the 1999 Act; or

• (c) include provision by reference to regulations made under paragraph 13 of Schedule 2 to this Act.

• (5) Section 28(1) of this Act shall apply to any pension or lump sum payable by virtue of this paragraph as if it were—

• (a) a pension or lump sum under Part I of this Act; or

• (b) a payment authorised by section 19 of this Act,

payable to the transferor in respect of the rights from which the pension credit is derived .

2

The appropriate Minister shall have no power to accept, for the benefit of a member of a judicial pension scheme—

• (a) a payment under paragraph 1(3) of Schedule 5 to the 1999 Act,

• (b) a payment under section 95 of the Pension Schemes Act 1993 , or

• (c) any other payment,

to the extent that that payment directly or indirectly represents a pension credit.

Editorial notes

[^c13953091]: Power to amend Act conferred (31.3.1995) by S.I. 1986/1888 (N.I. 18), art.18(3)(l) (as added (31.3.1995) by 1993 c. 8, s. 31, Sch. 8 para. 19(2); S.I. 1995/631, art. 2) Power to amend Act conferred (9.11.1998) by 1998 c. 42, s. 18(6), Sch. 4 paras. 3, 4 (with ss. 7(8), 22(5)) Power to modify Act conferred (7.2.1994) by 1993 c. 48, ss. 188-190, 191, Sch. 6 Pt. II para. 17(2)(3)(j), Sch. 9 para. 7; S.I. 1994/86, art. 2

[^c13953101]: Act extends to U.K. but for exceptions see s. 31(5)-(7)

[^c13953111]: Power to modify Act conferred (N.I.) (7.2.1994) by 1993 c. 49, ss. 182, 183, 184, Sch. 5 Pt. II para. 17(2)(3)(l) (with Sch. 8 para. 8(3)); S.R. 1994/17 Act modified (27.9.1999) by 1999 c. 22, ss. 68(3)(b), 108(3) (with s. 107, Sch. 14 para. 7(2)) Power to amend Act conferred (11.11.1999) by 1999 c. 30, ss. 43, 89(5) Act: power to amend conferred (1.9.2001) by 2001 c. 17, s. 1(3), Sch. 1 para. 7(5)(b) (with s. 78); S.I. 2001/2161, art. 2 (subject to art. 3)

[^c20874891]: Act modified (19.12.2003) by The Judicial Pensions (Election against Benefits) Regulations 2003 (S.I. 2003/2916), reg. 2(1) (with reg. 2(3))

[^c20874931]: Act modified (19.12.2003) by The Judicial Pensions (Election against Benefits) Regulations 2003 (S.I. 2003/2916), reg. 2(2) (with reg. 2(3))

[^c20875661]: Act modified (9.2.2005) by The Enterprise Act 2002 (Judicial Pensions and Retirement Act 1993) (Consequential Amendment) Order 2005 (S.I. 2005/53), art. 2(2)

[^c20861481]: S. 1(1)(a) excluded (3.11.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 48(2), 148(5), Sch. 9 para. 11(2); S.I. 2008/2696, art. 5(d) (with art. 3)

[^c20861501]: Word at the end of s. 1(1)(c) repealed (3.11.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 146, 148(5), Sch. 23 Pt. 1; S.I. 2008/2696, art. 5(i)(ii) (with art. 3)

[^c20861441]: S. 1(1)(e) and preceding word inserted (3.11.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 48(2), 148(5), Sch. 9 para. 15(2); S.I. 2008/2696, art. 5(d) (with art. 3)

[^c20861401]: Words in s. 1(1) inserted (3.11.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 48(2), 148(5), Sch. 9 para. 15(3); S.I. 2008/2696, art. 5(d) (with art. 3)

[^c20861461]: S. 1(4A)(4B) inserted (3.11.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 48(2), 148(5), Sch. 9 para. 15(4); S.I. 2008/2696, art. 5(d) (with art. 3)

[^c20856851]: S. 2(3A) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 227(2); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11

[^c20856901]: S. 2(9)(10) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 227(3); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11

[^c20860341]: Words in s. 3(3)(a)(i) omitted (6.4.2006) by virtue of The Taxation of Judicial Pensions (Consequential Provisions) Order 2006 (S.I. 2006/497), art. 3(2)(a)

[^c20860401]: Words in s. 3(3)(b) substituted (6.4.2006) by The Taxation of Judicial Pensions (Consequential Provisions) Order 2006 (S.I. 2006/497), art. 3(2)(b)

[^c20860451]: S. 3(3A)-(3E) inserted (6.4.2006) by The Taxation of Judicial Pensions (Consequential Provisions) Order 2006 (S.I. 2006/497), art. 3(3)

[^c20860521]: S. 3(6): definitions of "retail prices index" and ""tax year" and "the tax year 2006-2007"" inserted (6.4.2006) by The Taxation of Judicial Pensions (Consequential Provisions) Order 2006 (S.I. 2006/497), art. 3(4)

[^c20861751]: Words in s. 3(6) substituted (1.4.2008) by Statistics and Registration Service Act 2007 (c. 18), ss. 60(1), 74(1), Sch. 3 para. 8; S.I. 2008/839, art. 2

[^c20861581]: Words in s. 3(6) substituted (6.4.2007 with effect as mentioned in s. 1034(1) of the amending Act) by Income Tax Act 2007 (c. 3), ss. 1027, 1034(1), Sch. 1 para. 352

[^c13953151]: S. 4(1) applied (with modifications) (E.W.S.) (31.3.1995) by S.I. 1995/634, art. 6(1)

[^c13953161]: S. 4(1) applied (with modifications) (N.I.) (1.11.1995) by S.R. 1995/388, art. 6(1)

[^c13953171]: 1971 c. 56.

[^c20856951]: S. 5: words in side-note inserted (5.12.2005) by The Civil Partnership (Judicial Pensions and Church Pensions, etc.) Order 2005 (S.I. 2005/3325), art. 70(2)

[^c13953181]: S. 5(1)-(4) applied (with modifications) (E.W.S) (31.3.1995) by S.I. 1995/634, art. 6(1)

[^c13953191]: S. 5(1)-(4) applied (with modifications) (N.I.) (1.11.1995) by S.R. 1995/388, art. 6(1)

[^c20856971]: Words in s. 5(1) inserted (5.12.2005) by The Civil Partnership (Judicial Pensions and Church Pensions, etc.) Order 2005 (S.I. 2005/3325), art. 70(3)(a)

[^c20857011]: Words in s. 5(1)(b) inserted (5.12.2005) by The Civil Partnership (Judicial Pensions and Church Pensions, etc.) Order 2005 (S.I. 2005/3325), art. 70(3)(b)

[^c20857051]: Words in s. 5(1) omitted (5.12.2005) by virtue of The Civil Partnership (Judicial Pensions and Church Pensions, etc.) Order 2005 (S.I. 2005/3325), art. 70(3)(c)

[^c20857071]: S. 5(1A) inserted (5.12.2005) by The Civil Partnership (Judicial Pensions and Church Pensions, etc.) Order 2005 (S.I. 2005/3325), art. 70(4)

[^c20857091]: S. 5(3) substituted (5.12.2005) by The Civil Partnership (Judicial Pensions and Church Pensions, etc.) Order 2005 (S.I. 2005/3325), art. 70(5)

[^c20857111]: S. 5(5A) inserted (5.12.2005) by The Civil Partnership (Judicial Pensions and Church Pensions, etc.) Order 2005 (S.I. 2005/3325), art. 70(6)

[^c13953261]: S. 6 applied (with modifications) (E.W.S.) (31.3.1995) by S.I. 1995/634, art. 6(1)

[^c13953271]: S. 6 applied (with modifications) (N.I.) (1.11.1995) by S.R. 1995/388, art. 6(1)

[^c20869391]: S. 6(2)(c)(d)(5)(7)(b) modified (6.4.2010) by The Human Fertilisation and Embryology (Parental Orders) Regulations 2010 (S.I. 2010/985), reg. 5, Sch. 4

[^c20857201]: S. 6(7) substituted (5.12.2005) by The Civil Partnership (Judicial Pensions and Church Pensions, etc.) Order 2005 (S.I. 2005/3325), art. 71

[^c13953281]: S. 7 applied (with modifications) (E.W.S.) (31.3.1995) by S.I. 1995/634, art. 6(1)

[^c13953291]: S. 7 applied (with modifications) (N.I.) (1.11.1995) by S.R. 1995/388, art. 6(1)

[^c13953301]: 1971 c. 56.

[^c13953311]: s. 8(1)(2)(3) applied (with modifications) (E.W.S) (31.3.1995) by S.I. 1995/634, art. 6(1)

[^c13953321]: S. 8(1)(2)(3) applied (with modifications) (N.I.) (1.11.1995) by S.R. 1995/388, art. 6(1)

[^c20857221]: Words in s. 8(1) inserted (5.12.2005) by The Civil Partnership (Judicial Pensions and Church Pensions, etc.) Order 2005 (S.I. 2005/3325), art. 72(2)

[^c20857261]: Words in s. 8(2) inserted (5.12.2005) by The Civil Partnership (Judicial Pensions and Church Pensions, etc.) Order 2005 (S.I. 2005/3325), art. 72(3)

[^c20857291]: S. 8(3) substituted (5.12.2005) by The Civil Partnership (Judicial Pensions and Church Pensions, etc.) Order 2005 (S.I. 2005/3325), art. 72(4)

[^c20861921]: S. 9: words in side-note inserted (5.12.2005) by The Civil Partnership (Judicial Pensions and Church Pensions, etc.) Order 2005 (S.I. 2005/3325), art. 73

[^c13953351]: S. 9 applied (with modifications) (E.W.S) (31.3.1995) by S.I. 1995/634, art. 6(1) S. 9 applied (with modifications) (N.I.) (1.11.1995) by S.R. 1995/388, art. 6(1)

[^c20876451]: Words in s. 9(4) substituted (3.11.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 48(2), 148(5), Sch. 9 para. 16; S.I. 2008/2696, art. 5(d) (with art. 3)

[^c13953561]: S. 10(4) amended (1.7.1994) by S.I. 1994/1696, reg. 68, Sch. 8 Pt. I para. 22(1)

[^c20860691]: Words in s. 10(4)(b) omitted (6.4.2006) by virtue of The Taxation of Judicial Pensions (Consequential Provisions) Order 2006 (S.I. 2006/497), art. 4(2)

[^c20860731]: S. 10(4)(b)(ii) and preceding word omitted (6.4.2006) by virtue of The Taxation of Judicial Pensions (Consequential Provisions) Order 2006 (S.I. 2006/497), art. 4(2)

[^c13953581]: S. 10(4)(d)(iii) substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 112(2)

[^c13953591]: Definition of “authorised provider” in s. 10(8) substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 112(3)(a)

[^c13953601]: S. 10(8): words in the definition of “employment”substituted (7.2.1994) by 1993 c. 48, s. 190, Sch. 8 para. 46(1)(a) (with s. 6(8)); S.I. 1994/86, art. 2

[^c13953621]: Definition of “insurer” in s. 10(8) inserted (1.12.2001) by S.I. 2001/3649, arts. 1, 112(3)(b)

[^c13953631]: S. 10(8): words in the definition of “occupational pension scheme” substituted (7.2.1994) by 1993 c. 48, s. 190, Sch. 8 para. 46(1)(b) (with s. 6(8)); S.I. 1994/86, art. 2

[^c13953641]: S. 10(8): words in the definition of “occupational pension scheme” substituted (7.2.1994) by 1993 c. 49, s. 184, Sch. 7 para. 43(1)(a); S.R. 1994/17, art. 2

[^c13953651]: S. 10(8): words in the definition of “personal pension scheme” substituted (7.2.1994) by 1993 c. 48, s. 190, Sch. 8 para. 46(1)(c) (with s. 6(8)); S.I. 1994/86, art. 2

[^c13953661]: S. 10(8): words in the definition of “personal pension scheme” substituted (7.2.1994) by 1993 c. 49, s. 184, Sch. 7 para. 43(1)(b); S.R. 1994/17, art. 2

[^c20860761]: S. 18: definition of "relevant benefits" omitted (6.4.2006) by virtue of The Taxation of Judicial Pensions (Consequential Provisions) Order 2006 (S.I. 2006/497), art. 4(3)(a)

[^c22572321]: S. 10(8): word in definition of "retained benefits" omitted (6.4.2006) by virtue of The Taxation of Judicial Pensions (Consequential Provisions) Order 2006 (S.I. 2006/497), art. 4(3)(b)

[^c20860791]: S. 10(8): words in definition of "retained benefits" substituted (6.4.2006) by The Taxation of Judicial Pensions (Consequential Provisions) Order 2006 (S.I. 2006/497), art. 4(3)(b)

[^c20860811]: S. 10(8): definitions of "tax exemption" and "tax approval" omitted (6.4.2006) by virtue of The Taxation of Judicial Pensions (Consequential Provisions) Order 2006 (S.I. 2006/497), art. 4(3)(c)

[^c13953691]: S. 10(8A)-(8E) inserted (1.12.2001) by S.I. 2001/3649, arts. 1, 112(4)

[^c20861821]: S. 12: words in side-note substituted (3.11.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 48(2), 148(5), Sch. 9 para. 17(2); S.I. 2008/2696, art. 5(d) (with art. 3)

[^c20861781]: Words in s. 12(1) substituted (3.11.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 48(2), 148(5), Sch. 9 para. 17(1)(a); S.I. 2008/2696, art. 5(d) (with art. 3)

[^c20861801]: Words in s. 12(1) inserted (3.11.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 48(2), 148(5), Sch. 9 para. 17(1)(b); S.I. 2008/2696, art. 5(d) (with art. 3)

[^c20861841]: S. 12(1)(b) repealed (3.11.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 48(2),146, 148(5), Sch. 9 para. 17(1)(c), {Sch. 23 Pt. 1}; S.I. 2008/2696, art. 5(d)(i)(ii) (with art. 3)

[^c20874971]: S. 13(1)-(1B) substituted (19.12.2003) for s. 13(1) by The Judicial Pensions (Election against Benefits) Regulations 2003 (S.I. 2003/2916), reg. 4(2) (with reg. 2(1)(3))

[^c13953831]: 1959 c. 25 (N.I.).

[^c13953841]: 1960 c. 2 (N.I.).

[^c13953851]: 1964 c. 29 (N.I.).

[^c13953861]: 1969 c. 7 (N.I.).

[^c13953871]: 1975 c. 15.

[^c20875011]: S. 13(9): words in definition of "corresponding provisions" substituted (19.12.2003) by The Judicial Pensions (Election against Benefits) Regulations 2003 (S.I. 2003/2916), reg. 4(3) (with reg. 2(1)(3))

[^c20875041]: S. 13(9): definition of "personal pension scheme" omitted (19.12.2003) by virtue of The Judicial Pensions (Election against Benefits) Regulations 2003 (S.I. 2003/2916), reg. 4(3) (with reg. 2(1)(3))

[^c20877401]: Ss. 12A, 12B inserted (3.11.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 48(2), 148(5), Sch. 9 para. 18; S.I. 2008/2696, art. 5(d) (with art. 3)

[^c13953921]: 1832 c. 111.

[^c13953931]: 1832 c. 111.

[^c13953941]: 1965 c. 74.

[^c13953951]: 1964 c. iv.

[^c13953981]: S. 16(a) substituted (7.2.1994) by 1993 c. 48, s. 190, Sch. 8 para. 46(2) (with s. 6(8)); S.I. 1994/86, art. 2

[^c13953991]: S. 16(b) substituted (7.2.1994) by 1993 c. 49, s. 184, Sch. 7 para. 43(3); S.R. 1994/17, art.2

[^c20875271]: S. 17 substituted (5.12.2005) by The Civil Partnership (Judicial Pensions and Church Pensions, etc.) Order 2005 (S.I. 2005/3325), art. 74

[^c20860821]: S. 18 ceased to have effect (6.4.2006) by virtue of The Taxation of Judicial Pensions (Consequential Provisions) Order 2006 (S.I. 2006/497), art. 5

[^c13953131]: Pt. I (ss. 1-18) applied with modifications (31.3.1995) by 1967 c. 13, Sch. 1 para. 4(1) (as substituted (31.3.1995) by 1993 c. 8, s. 25, Sch. 4 Pt. II para. 2); S.I. 1995/631, art. 2) Pt. I (ss. 1-18) applied with modifications (31.3.1995) by S.I. 1987/460 (N.I. 5), art. 4A (as inserted (31.3.1995) by 1993 c. 8, s. 25, Sch. 4 Pt. IV para. 5(4)); S.I. 1995/631, art. 2 Pt. I (ss. 1-18) applied with modifications (31.3.1995) by 1969 c. 10 (N.I.), Sch. 1A para. 4(1) (as inserted (31.3.1995) by 1993 c. 8, s. 25, Sch. 4 Pt. V para. 6(6); S.I. 1995/631, art. 2) Pt. I (ss. 1-18) applied (31.3.1995) by S.I. 1995/639, reg. 4.11(1) Pt. I (ss. 1-18) extended (16.7.1996) by S.I. 1996/1297 (N.I. 7), art. 4(4), Sch. 1, para. 6(1) Pt. I (ss. 1-18) extended (with modifications) (except ss. 1(1)-(4), 2) (16.7.1996) by S.I. 1996/1297 (N.I. 7), art. 4(4), Sch. 1 para. 6(2)(3)(4) Pt. I (ss. 1-18) extended (with modifications) (except ss. 1(1)-(4), 2) (16.7.1996) by S.I. 1996/1298 (N.I. 8), art. 5(4), Sch. 1 para. 6(2)(3)(4) Pt. I (ss. 1-18) extended (16.7.1996) by S.I. 1996/1298 (N.I. 8), art. 5(4), Sch. 1 para. 6(1)

[^c20876441]: Pt. 1 applied (3.11.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 48(2), 148(5), Sch. 9 para. 11(4)(5); S.I. 2008/2696, art. 5(d) (with art. 3)

[^c13954021]: S. 19 applied (with modifications) (31.3.1995) by 1967 c. 13, Sch.1 para. 4(1) (as substituted (31.3.1995) by 1993 c. 8, s. 25, Sch. 4 Pt. II para. 2); S.I. 1995/631, art. 2 S. 19 applied (with modifications) (31.3.1995) by S.I. 1987/460 (N.I. 5), art. 4A (as inserted (31.3.1995) by 1993 c. 8, s. 25, Sch. 4 Pt. IV para. 5(4); S.I. 1995/631, art. 2) S. 19 applied (with modifications) (31.3.1995) by 1969 c. 10 (N.I.), Sch.1A para. 4(1) (as inserted (31.3.1995) by 1993 c. 8, s. 25, Sch. 4 Pt. V para. 6(6); S.I. 1995/631, art. 2) S. 19 extended (with modifications) (16.7.1996) by S.I. 1996/1297 (N.I. 7), art. 4(4), Sch. 1 para. 6(2)(3)(4) S. 19 extended (with modifications) (16.7.1996) by S.I. 1996/1298 (N.I. 8), art. 5(4), Sch. 1 para. 6(2)(3)(4)

[^c20860841]: S. 19(4) omitted (6.4.2006) by virtue of The Taxation of Judicial Pensions (Consequential Provisions) Order 2006 (S.I. 2006/497), art. 6

[^c13954031]: S. 20 applied (with modifications) (31.3.1995) by 1967 c. 13, Sch.1 para. 4(1) (as substituted (31.3.1995) by 1993 c. 8, s. 25, Sch 4 Pt. II para. 2; S.I. 1995/631, art. 2) S. 20 applied (with modifications) (31.3.1995) by S.I. 1987/460 (N.I. 5), art.4A (as inserted (31.3.1995) by 1993 c. 8, s. 25, Sch. 4 Pt. IV para. 5(4); S.I. 1995/631, art. 2) S. 20 applied (with modifications) (31.3.1995) by 1969 c. 10 (N.I.), Sch.1A para. 4(1) (as inserted (31.3.1995) by 1993 c. 8, s. 25, Sch. IV Pt. V para. 6(6); S.I. 1995/631, art. 2) S. 20 extended (with modifications) (16.7.1996) by S.I. 1996/1297 (N.I. 7), art. 4(4), Sch. 1 para. 6(2)(3)(4) S. 20 extended (with modifications) (16.7.1996) by S.I. 1996/1298 (N.I. 8), art. 5(4), Sch. 1 para. 6(2)(3)(4)

[^c20875331]: Words in s. 20(3)(b) substituted (5.12.2005) by The Civil Partnership (Judicial Pensions and Church Pensions, etc.) Order 2005 (S.I. 2005/3325), art. 75

[^c13954041]: Words in s. 21(4) inserted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 100 (with ss. 54(5)(7), 55(5), Sch. 17 para. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2

[^c13954051]: 1971 c. 56.

[^c13954061]: 1971 c. 56.

[^c13954071]: 1971 c. 56.

[^c13954081]: S. 23 applied (with modifications) (31.3.1995) by 1967 c. 13, Sch.1 para. 4(1) (as substituted (31.3.1995) by 1993 c. 8, s. 25, Sch. 4 pt. II para. 2; S.I. 1995/631, art. 2) S. 23 applied (with modifications) (31.3.1995) by S.I. 1987/460 (N.I. 5), art.4A (as inserted (31.3.1995) by 1993 c.8, s. 25, Sch. 4 Pt. IV para. 5(4); S.I. 1995/631, art. 2) S. 23 applied (with modifications) (31.3.1995) by 1969 c. 10 (N.I.), Sch.1A para. 4(1) (as inserted (31.3.1995) by 1993 c. 8, s. 25, Sch. 4 Pt. V para. 6(6); S.I 1995/631, art. 2) S. 23 extended (with modifications) (16.7.1996) by S.I. 1996/1297 (N.I. 7), art. 4(4), Sch. 1 para. 6(2)(3)(4) S. 23 extended (with modifications) (16.7.1996) by S.I. 1996/1298 (N.I. 8), art. 5(4), Sch. 1 para. 6(2)(3)(4)

[^c20876611]: Words in s. 23 inserted (3.11.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 48(2), 148(5), Sch. 9 para. 19; S.I. 2008/2696, art. 5(d) (with art. 3)

[^c13954091]: S. 23A inserted (1.12.2000) by S.I. 2000/2986, reg. 2

[^c20875251]: S. 25(d) omitted (14.7.2004) by virtue of The Scottish Public Services Ombudsman Act 2002 (Consequential Provisions and Modifications) Order 2004 (S.I. 2004/1823), art. 15

[^c13954101]: S. 25(g) repealed (16.7.1996) by S.I. 1996/1298 (N.I. 8), art. 21(2), Sch. 6

[^c13954111]: S. 25(h) repealed (16.7.1996) by S.I. 1996/1297 (N.I. 7), art. 23(2), Sch. 5

[^c13954881]: S. 26 modified (27.9.1999) by 1999 c. 22, ss. 105, 108(3), Sch. 14 Pt. V para. 25 (with Sch. 14 para. 7(2))

[^c15952891]: S. 26 applied (28.4.2003) by Land Registration Act 2002 (c. 9), ss. 107(3), 136(2), Sch. 9 para. 1(3) (with s. 129); S.I. 2003/1028, art. 2(a)