LegalizeReform history
Judicial Pensions and Retirement Act 1993
65 versions
· 1993-03-29
2022-05-10
Judicial Pensions and Retirement Act 1993
2022-04-01
Judicial Pensions and Retirement Act 1993
2022-03-10
Judicial Pensions and Retirement Act 1993
2020-12-31
Judicial Pensions and Retirement Act 1993
2020-02-24
Judicial Pensions and Retirement Act 1993
2018-12-21
Judicial Pensions and Retirement Act 1993
2018-02-26
Judicial Pensions and Retirement Act 1993
2015-04-06
Judicial Pensions and Retirement Act 1993
2015-04-01
Judicial Pensions and Retirement Act 1993
2015-03-03
Judicial Pensions and Retirement Act 1993
2015-03-02
Judicial Pensions and Retirement Act 1993
2014-05-30
Judicial Pensions and Retirement Act 1993
2014-04-28
Judicial Pensions and Retirement Act 1993
2014-01-01
Judicial Pensions and Retirement Act 1993
2013-07-01
Judicial Pensions and Retirement Act 1993
2013-03-22
Judicial Pensions and Retirement Act 1993
2013-03-10
Judicial Pensions and Retirement Act 1993
2013-01-09
Judicial Pensions and Retirement Act 1993
2012-10-18
Judicial Pensions and Retirement Act 1993
2012-04-06
Judicial Pensions and Retirement Act 1993
2012-01-03
Judicial Pensions and Retirement Act 1993
2010-04-12
Judicial Pensions and Retirement Act 1993
2010-04-06
Judicial Pensions and Retirement Act 1993
2010-02-15
Judicial Pensions and Retirement Act 1993
2010-01-18
Judicial Pensions and Retirement Act 1993
2009-10-01
Judicial Pensions and Retirement Act 1993
2009-09-25
Judicial Pensions and Retirement Act 1993
2009-09-01
Judicial Pensions and Retirement Act 1993
2009-06-01
Judicial Pensions and Retirement Act 1993
2009-04-01
Judicial Pensions and Retirement Act 1993
2009-01-02
Judicial Pensions and Retirement Act 1993
2008-12-12
Judicial Pensions and Retirement Act 1993
2008-11-03
Judicial Pensions and Retirement Act 1993
2008-04-01
Judicial Pensions and Retirement Act 1993
2008-03-18
Judicial Pensions and Retirement Act 1993
2008-02-25
Judicial Pensions and Retirement Act 1993
2007-11-01
Judicial Pensions and Retirement Act 1993
2007-10-01
Judicial Pensions and Retirement Act 1993
2007-08-19
Judicial Pensions and Retirement Act 1993
2007-07-19
Judicial Pensions and Retirement Act 1993
2007-04-06
Judicial Pensions and Retirement Act 1993
2007-04-01
Judicial Pensions and Retirement Act 1993
2007-03-01
Judicial Pensions and Retirement Act 1993
2007-01-01
Judicial Pensions and Retirement Act 1993
2006-10-19
Judicial Pensions and Retirement Act 1993
2006-10-01
Judicial Pensions and Retirement Act 1993
2006-09-01
Judicial Pensions and Retirement Act 1993
2006-04-06
Judicial Pensions and Retirement Act 1993
2006-04-03
Judicial Pensions and Retirement Act 1993
2005-12-05
Judicial Pensions and Retirement Act 1993
2005-10-01
Judicial Pensions and Retirement Act 1993
2005-04-04
Judicial Pensions and Retirement Act 1993
2005-04-01
Judicial Pensions and Retirement Act 1993
2005-02-09
Judicial Pensions and Retirement Act 1993
2004-07-14
Judicial Pensions and Retirement Act 1993
2004-01-01
Judicial Pensions and Retirement Act 1993
2003-12-29
Judicial Pensions and Retirement Act 1993
2003-12-19
Judicial Pensions and Retirement Act 1993
2003-12-08
Judicial Pensions and Retirement Act 1993
2003-11-01
Judicial Pensions and Retirement Act 1993
2003-09-01
Judicial Pensions and Retirement Act 1993
2003-07-25
Judicial Pensions and Retirement Act 1993
2003-06-30
Judicial Pensions and Retirement Act 1993
2003-04-28
Judicial Pensions and Retirement Act 1993
Changes on 2003-04-28
@@ -42,9 +42,9 @@
- (5) Except as provided by section 13 below, this Part does not apply to a person at any time when an election under that section is in force in respect of him; nor shall he make an election under subsection (2) above at any such time.
- (6) For the purposes of this Act, a person shall be regarded as holding, or serving in, qualifying judicial office at any time when he holds, on a salaried basis, any one or more of the offices specified in Schedule 1 to this Act; and any reference in this Act to a “qualifying judicial office” is a reference to any office so specified if it is held on a salaried basis.
- (7) For the purposes of subsection (6) above, a person holds an office “on a salaried basis” if and so long as, and to the extent that—
- (6) For the purposes of this Act, a person shall be regarded as holding, or serving in, qualifying judicial office at any time when he holds, on a salaried basis, any one or more of the offices specified in Schedule 1 to this Act; and any reference in this Act to a “*qualifying judicial office*” is a reference to any office so specified if it is held on a salaried basis.
- (7) For the purposes of subsection (6) above, a person holds an office “*on a salaried basis*” if and so long as, and to the extent that—
- (a) his service in the office is remunerated by payment of a salary; and
@@ -54,9 +54,9 @@
- (8) The appropriate Minister may by order amend either Part of Schedule 1 to this Act by adding offices to those for the time being there specified.
- (9) In this section, “prescribed” means prescribed in regulations made by the appropriate Minister.
- (10) In this Part “the appointed day” means the day appointed under section 31 below for the coming into force of this Part other than subsection (8) above.
- (9) In this section, “*prescribed*” means prescribed in regulations made by the appropriate Minister.
- (10) In this Part “*the appointed day*” means the day appointed under section 31 below for the coming into force of this Part other than subsection (8) above.
### Pensions for judicial officers
@@ -68,7 +68,7 @@
- (a) who retires from qualifying judicial office on or after the day on which he attains the age of 65, and
- (b) who has, at the time of that retirement, completed, in the aggregate, at least 5 years' service in qualifying judicial office,
- (b) who has, at the time of that retirement, completed, in the aggregate, at least 5 years’ service in qualifying judicial office,
shall be entitled during his life to a pension at the appropriate annual rate.
@@ -76,13 +76,13 @@
- (a) who retires from qualifying judicial office on or after the day on which he attains the age of 60, but before attaining the age of 65, and
- (b) who has, at the time of that retirement, completed, in the aggregate, at least 5 years' service in qualifying judicial office,
- (b) who has, at the time of that retirement, completed, in the aggregate, at least 5 years’ service in qualifying judicial office,
shall be entitled during his life to a pension at the appropriate annual rate, actuarially reduced.
- (3) In any case where—
- (a) a person to whom this Part applies retires from qualifying judicial office before he has attained the age of 65 or before he has completed, in the aggregate, at least 5 years' service in such office, and
- (a) a person to whom this Part applies retires from qualifying judicial office before he has attained the age of 65 or before he has completed, in the aggregate, at least 5 years’ service in such office, and
- (b) the appropriate Minister is satisfied by means of a medical certificate that, by reason of infirmity of mind or body, the person is incapable of discharging the duties of his qualifying judicial office and that the incapacity is likely to be permanent,
@@ -134,29 +134,29 @@
- (d) where any payment in respect of a pension under this section has become due, the pension shall be treated as commencing to be paid, notwithstanding that no payment has in fact been made in respect of it, and for this purpose a payment in respect of a pension shall be treated as becoming due on the first day of the period for which it is payable;
- (e) “actuarially reduced”, in relation to the rate of a pension, means reduced by such amount as may be prescribed in, or determined in accordance with, regulations made under this section by the appropriate Minister with the concurrence of the Treasury;
- (e) “*actuarially reduced*”, in relation to the rate of a pension, means reduced by such amount as may be prescribed in, or determined in accordance with, regulations made under this section by the appropriate Minister with the concurrence of the Treasury;
- (f) where a person ceases to hold qualifying judicial office in consequence of infirmity of mind or body, the cessation (however brought about) shall be taken for the purposes of this Part to constitute retirement, not removal, from such office.
- (8) In this Act “judicial pension” means a pension under this section.
- (8) In this Act “*judicial pension*” means a pension under this section.
#### The appropriate annual rate
##### 3
- (1) In the case of a person who has, at the time of his retirement from qualifying judicial office, completed, in the aggregate, at least 20 years' service in such office, the “appropriate annual rate” for the purposes of this Act is an annual rate equal to one-half of his pensionable pay.
- (2) In the case of a person not falling within subsection (1) above, the “appropriate annual rate” for the purposes of this Act is an amount equal to one-fortieth of his pensionable pay, multiplied by the aggregate length of his service in qualifying judicial office (expressed in years and fractions of a year).
- (1) In the case of a person who has, at the time of his retirement from qualifying judicial office, completed, in the aggregate, at least 20 years’ service in such office, the “*appropriate annual rate*” for the purposes of this Act is an annual rate equal to one-half of his pensionable pay.
- (2) In the case of a person not falling within subsection (1) above, the “*appropriate annual rate*” for the purposes of this Act is an amount equal to one-fortieth of his pensionable pay, multiplied by the aggregate length of his service in qualifying judicial office (expressed in years and fractions of a year).
- (3) For the purposes of this Act—
- (a) a person’s “pensionable pay” is the greater of the following amounts, that is to say—
- (a) a person’s “*pensionable pay*” is the greater of the following amounts, that is to say—
- (i) the pension-capped salary payable to him in respect of his service in qualifying judicial office in the period of twelve months ending with the day on which, within the meaning of section 590C(1) of the Income and Corporation Taxes Act 1988 (earnings cap), his participation in the scheme constituted by this Part ceases; and
- (ii) the greatest amount of pension-capped salary payable to him in respect of such service in any other period of twelve consecutive months falling within the period of three years ending with that day;
- (b) a person’s “pension-capped salary” for any period of twelve months is so much of his aggregate salary in respect of service in qualifying judicial office in that period as, within the meaning of section 590C(1) of the Income and Corporation Taxes Act 1988 (earnings cap), does not exceed the permitted maximum for the year of assessment in which his participation in the scheme constituted by this Part ceases;
- (b) a person’s “*pension-capped salary*” for any period of twelve months is so much of his aggregate salary in respect of service in qualifying judicial office in that period as, within the meaning of section 590C(1) of the Income and Corporation Taxes Act 1988 (earnings cap), does not exceed the permitted maximum for the year of assessment in which his participation in the scheme constituted by this Part ceases;
- (c) a person’s salary in respect of service in any qualifying judicial office shall be taken to accrue due from day to day, at the rate for the time being in force, throughout the period for which he holds the office;
@@ -176,7 +176,7 @@
- (5) Regulations may also make provision for any case where the service in qualifying judicial office of a person to whom this Part applies is, or has at some time been, only part-time, within the meaning of the regulations; and any such regulations may, in particular, provide for the amount of salary by reference to which his pension-capped salary (and accordingly his pensionable pay) would fall to be determined, apart from this subsection, to be reduced, for the purpose of making any such determination, in accordance with the regulations.
- (6) In this section, “regulations” means regulations made by the appropriate Minister with the concurrence of the Treasury.
- (6) In this section, “*regulations*” means regulations made by the appropriate Minister with the concurrence of the Treasury.
### Derivative benefits
@@ -210,11 +210,11 @@
- (1) In any case where—
- (a) a person (“the deceased”) to whom this Part applies dies leaving a surviving spouse, and
- (a) a person (“*the deceased*”) to whom this Part applies dies leaving a surviving spouse, and
- (b) their marriage took place before the deceased retired from qualifying judicial office,
the surviving spouse shall be entitled to a pension for life (a “surviving spouse’s pension”) in respect of the deceased’s service in such office, at an annual rate equal to one-half of the annual rate of the deceased’s judicial pension.
the surviving spouse shall be entitled to a pension for life (a “*surviving spouse’s pension*”) in respect of the deceased’s service in such office, at an annual rate equal to one-half of the annual rate of the deceased’s judicial pension.
- (2) A pension under this section shall be payable at such intervals, not exceeding three months, as the Treasury may determine.
@@ -224,7 +224,7 @@
- (5) Where the deceased died while holding qualifying judicial office, his death shall be treated for the purposes of subsection (1)(b) above as his retirement from such office.
- (6) For the purposes of this section, “the annual rate of the deceased’s judicial pension” means—
- (6) For the purposes of this section, “*the annual rate of the deceased’s judicial pension*” means—
- (a) where a judicial pension under subsection (1) or (3) of section 2 above had commenced to be paid to the deceased, the appropriate annual rate of that pension;
@@ -240,9 +240,9 @@
##### 6
- (1) Upon the death of a person to whom this Part applies (“the deceased”) a pension in respect of his service in qualifying judicial office shall be granted for the benefit of such persons as may from time to time be the eligible children of the deceased (a “children’s pension”).
- (2) The persons who, for the purposes of this Part, are the “eligible children” of the deceased at any time are—
- (1) Upon the death of a person to whom this Part applies (“*the deceased*”) a pension in respect of his service in qualifying judicial office shall be granted for the benefit of such persons as may from time to time be the eligible children of the deceased (a “*children’s pension*”).
- (2) The persons who, for the purposes of this Part, are the “*eligible children*” of the deceased at any time are—
- (a) any natural children of the deceased,
@@ -268,7 +268,7 @@
- (b) shall be payable at such intervals, not exceeding three months, as the Treasury may determine.
- (5) The Treasury may direct that a person (“the child”) who was adopted by the deceased is to be regarded as falling within paragraph (d) of subsection (2) above if they are satisfied—
- (5) The Treasury may direct that a person (“*the child*”) who was adopted by the deceased is to be regarded as falling within paragraph (d) of subsection (2) above if they are satisfied—
- (a) that the deceased had, before his retirement from qualifying judicial office, formed the intention of adopting the child; and
@@ -276,7 +276,7 @@
- (6) Where the deceased died while holding qualifying judicial office, his death shall be treated for the purposes of subsection (2)(c) above as his retirement from such office.
- (7) In this section, “step-children of the deceased” means—
- (7) In this section, “*step-children of the deceased*” means—
- (a) any natural children of any person to whom the deceased was at any time married who, at the time of the marriage, either had been born or were in gestation;
@@ -284,19 +284,19 @@
- (c) any children adopted by such a person after the marriage to the deceased in a case where the adoption proceedings were pending at the time of the marriage.
- (8) For the purposes of this section the “natural children” of any person are any children of whom that person is the genetic father or mother.
- (8) For the purposes of this section the “*natural children*” of any person are any children of whom that person is the genetic father or mother.
#### Children’s pension: meaning of “period of childhood and full-time education”
##### 7
- (1) For the purposes of section 6 above, a person is in his “period of childhood and full-time education” at any time if, and only if, at that time—
- (1) For the purposes of section 6 above, a person is in his “*period of childhood and full-time education*” at any time if, and only if, at that time—
- (a) he has not attained the age of 16;
- (b) he is receiving full-time instruction at any university, college, school or other educational establishment; or
- (c) he is undergoing training by any person (“the employer”) for any trade, profession or vocation in such circumstances that—
- (c) he is undergoing training by any person (“*the employer*”) for any trade, profession or vocation in such circumstances that—
- (i) he is required to devote the whole of his time to the training for a period of not less than two years; and
@@ -312,9 +312,9 @@
- (4) For the purposes of this section—
- “emoluments” means any salary, fees, wages, perquisites or profits or gains whatsoever, and includes the value of free board, lodging or clothing;
- “the maximum allowable remuneration” at any time is an annual rate (£1,614 a year, at the passing of this Act) equal to that at which a pension of £250 a year— first awarded under the principal civil service pension scheme on 1st June 1972, and increased from time to time by the amount of increase that would be applied under the Pensions (Increase) Act 1971 to such a pension, would (as so increased) be payable at that time.
- “*emoluments*” means any salary, fees, wages, perquisites or profits or gains whatsoever, and includes the value of free board, lodging or clothing;
- “*the maximum allowable remuneration*” at any time is an annual rate (£1,614 a year, at the passing of this Act) equal to that at which a pension of £250 a year—first awarded under the principal civil service pension scheme on 1st June 1972, andincreased from time to time by the amount of increase that would be applied under the Pensions (Increase) Act 1971 to such a pension,would (as so increased) be payable at that time.
- (5) Where a premium has been paid in respect of the training of a person, all emoluments at any time receivable by him, or payable by the employer in respect of him, shall be taken for the purposes of subsection (1)(c)(ii) above to be receivable or payable by way of return of the premium, unless and to the extent that the amount of those emoluments exceeds in the aggregate the amount of the premium.
@@ -338,7 +338,7 @@
- (3) Where the deceased leaves a surviving spouse who remarries, the Treasury may, if they think fit, direct that subsection (1) above shall apply instead of subsection (2) above as respects any period when the surviving spouse has a spouse.
- (4) “The annual rate of the deceased’s judicial pension” has the same meaning for the purposes of this section as it has for the purposes of section 5 above.
- (4) “*The annual rate of the deceased’s judicial pension*” has the same meaning for the purposes of this section as it has for the purposes of section 5 above.
#### Contribution towards cost of surviving spouse’s and children’s pension
@@ -410,7 +410,7 @@
- (ii) the value of the other benefits provided under the scheme constituted by this Part; and
- (iii) the general value of benefits available to a person under any contract of life insurance entered into by him with an insurance company to which Part II of the Insurance Companies Act 1982 (regulation of insurance companies carrying on insurance business within the United Kingdom) applies;
- (iii) the general value of benefits available to a person under any contract of life insurance entered into by him with an insurer;
but paragraphs (c) and (d) above have effect only in relation to a voluntary contributions scheme constituted by or under this Part.
@@ -456,31 +456,39 @@
- (8) In this section—
- “aggregable benefits” means— any pensions or other benefits under this Part, other than such additional benefits as are mentioned in subsection (1) above; such additional benefits so mentioned as may be prescribed; and such retained benefits as may be prescribed;
- “authorised provider”, in relation to the investment of any sums paid by way of voluntary contributions or the provision of any benefit, means a person who is authorised under Chapter III of Part I of the Financial Services Act 1986 to invest those sums or, as the case may be, to provide that benefit;
- “employment” has the same meaning as it has in the Social Security Pensions Act 1975 (and accordingly includes employment as a self-employed earner, within the meaning of that Act);
- “occupational pension scheme” has the meaning given by section 66(1) of the Social Security Pensions Act 1975 or, in relation to Northern Ireland, Article 2(2) of the Social Security Pensions (Northern Ireland) Order 1975;
- “personal pension scheme” has the meaning given by section 84(1) of the Social Security Act 1986 or, in relation to Northern Ireland, Article 2(2) of the Social Security (Northern Ireland) Order 1986;
- “prescribed” means specified in, or determined in accordance with, regulations;
- “regulations” means regulations under this section;
- “relevant benefits” has the meaning given by section 612(1) of the Income and Corporation Taxes Act 1988;
- “retained benefits”, in the case of any person, means any rights retained by him to relevant benefits under any occupational or personal pension scheme which has, or which may be expected to qualify for, tax-exemption or tax-approval, being rights which accrued during some previous employment;
- “surplus funds”, in relation to a person and any voluntary contributions scheme, means any funds which are, or have been, held for the purposes of that voluntary contributions scheme and which fall to be returned to him in consequence of any such limit as is mentioned in subsection (4)(b) above;
- “tax-exemption” and “tax-approval” have the meaning given by section 84(1) of the Social Security Act 1986;
- “voluntary contributions scheme” means any occupational pension scheme if and to the extent that it is a scheme under which such additional benefits as are mentioned in subsection (1) above are, or are to be, provided;
and, where a person’s voluntary contributions are made by deduction from salary, any reference to payment of, or by way of, voluntary contributions shall be taken to include a reference to the making of voluntary contributions by deduction or, as the case may require, to any voluntary contributions so made.
- authorised provider”, in relation to the investment of any sums paid by way of voluntary contributions or the provision of any benefit, means—a person who has permission under Part 4 of the Financial Services and Markets Act 2000 to invest such sums or, as the case may be, to provide that benefit;an EEA firm of a kind mentioned in paragraph 5(a), (b) or (c) of Schedule 3 to that Act, which has permission under paragraph 15 of that Schedule (as a result of qualifying for authorisation under paragraph 12 of that Schedule) to invest such sums or, as the case may be, to provide that benefit and which satisfies the conditions applicable to it which are specified in subsection (8B), (8C) or (8D); oran EEA firm of a kind mentioned in paragraph 5(d) of Schedule 3 to that Act, which has permission under paragraph 15 of that Schedule (as a result of qualifying for authorisation under paragraph 12 of that Schedule) to invest such sums or, as the case may be, to provide that benefit.“*employment*” has the same meaning as it has in the Pension Schemes Act 1993 (and accordingly includes employment as a self-employed earner, within the meaning of section 2 of the Social Security Contributions and Benefits Act 1992);
- “*insurer*” means—a person who has permission under Part 4 of the Financial Services and Markets Act 2000 to effect or carry out contracts of long-term insurance;an EEA firm of the kind mentioned in paragraph 5(d) of Schedule 3 to that Act, which has permission under paragraph 15 of that Schedule (as a result of qualifying for authorisation under paragraph 12 of that Schedule) to effect or carry out contracts of long-term insurance;“*occupational pension scheme*” has the meaning given by section 1 of the Pension Schemes Act 1993 or, in relation to Northern Ireland, section 1 of the Pension Schemes (Northern Ireland) Act 1993;“*personal pension scheme*” has the meaning given by section 1 of the Pension Schemes Act 1993 or, in relation to Northern Ireland, section 1 of the Pension Schemes (Northern Ireland) Act 1993;“*prescribed*” means specified in, or determined in accordance with, regulations;“*regulations*” means regulations under this section;“*relevant benefits*” has the meaning given by section 612(1) of the Income and Corporation Taxes Act 1988;“*retained benefits*”, in the case of any person, means any rights retained by him to relevant benefits under any occupational or personal pension scheme which has, or which may be expected to qualify for, tax-exemption or tax-approval, being rights which accrued during some previous employment;“*surplus funds*”, in relation to a person and any voluntary contributions scheme, means any funds which are, or have been, held for the purposes of that voluntary contributions scheme and which fall to be returned to him in consequence of any such limit as is mentioned in subsection (4)(b) above;“*tax-exemption*” and “*tax-approval*” have the meaning given by section 181(1) of the Pension Schemes Act 1993;“*voluntary contributions scheme*” means any occupational pension scheme if and to the extent that it is a scheme under which such additional benefits as are mentioned in subsection (1) above are, or are to be, provided;and, where a person’s voluntary contributions are made by deduction from salary, any reference to payment of, or by way of, voluntary contributions shall be taken to include a reference to the making of voluntary contributions by deduction or, as the case may require, to any voluntary contributions so made.
- (8A) In subsection (8), the definitions of “authorised provider” and “insurer” must be read with—
- (a) section 22 of the Financial Services and Markets Act 2000;
- (b) any relevant order under that section; and
- (c) Schedule 2 to that Act.
- (8B) If the EEA firm concerned is of the kind mentioned in paragraph 5(a) of Schedule 3 to the Financial Services and Markets Act 2000, the conditions are—
- (a) that, in investing of the sums in question, or in providing the benefit in question, the firm is carrying on a service falling within section A or C of the Annex to the Investment Services Directive; and
- (b) that the firm is authorised by its home state authorisation to carry on that service.
- (8C) If the EEA firm concerned is of the kind mentioned in paragraph 5(b) of that Schedule, the conditions are—
- (a) that, in investing of the sums in question, or in providing the benefit in question, the firm is carrying on an activity falling within Annex 1 to the Banking Consolidation Directive; and
- (b) that the activity in question is one in relation to which an authority in the firm’s home State has regulatory functions.
- (8D) If the EEA firm concerned is of the kind mentioned in paragraph 5(c) of that Schedule, the conditions are—
- (a) that, in investing of the sums in question, or in providing the benefit in question, the firm is carrying on an activity falling within Annex 1 to the Banking Consolidation Directive;
- (b) that the activity in question is one in relation to which an authority in the firm’s home State has regulatory functions; and
- (c) that the firm also carries on the activity in question in its home State.
- (8E) Expressions used in subsections (8B) to (8D) which are also used in Schedule 3 to the Financial Services and Markets Act 2000 have the same meaning in those subsections as they have in that Schedule.
- (9) Without prejudice to section 29(6) below, regulations under this section may make different provision for different classes or descriptions of voluntary contributions scheme.
@@ -524,7 +532,7 @@
unless at least some of that service was in qualifying judicial office.
- (4) In this section, the “relevant day”, in the case of any person, means the day on which this Part first applies, or would, apart from section 13(8)(a) below, first apply, to him.
- (4) In this section, the “*relevant day*”, in the case of any person, means the day on which this Part first applies, or would, apart from section 13(8)(a) below, first apply, to him.
#### Transfer of rights of persons holding qualifying judicial office before commencement
@@ -550,7 +558,7 @@
- (3) For the purposes of this section—
- (a) a person’s “relevant rights” are his accrued rights to benefit under any judicial pension scheme constituted otherwise than by or under this Act; but
- (a) a person’s “*relevant rights*” are his accrued rights to benefit under any judicial pension scheme constituted otherwise than by or under this Act; but
- (b) rights under—
@@ -562,11 +570,11 @@
- (4) In this section—
- “prescribe” means prescribe in regulations;
- “regulations” means regulations made by the appropriate Minister with the concurrence of the Treasury;
- “the relevant day”, in relation to any person, means the day on which this Part first applies to him.
- “*prescribe*” means prescribe in regulations;
- “*regulations*” means regulations made by the appropriate Minister with the concurrence of the Treasury;
- “*the relevant day*”, in relation to any person, means the day on which this Part first applies to him.
#### Election for personal pension instead of judicial pension
@@ -590,7 +598,7 @@
- (3) Where an election under this section is in force and the person who made it continues to hold qualifying judicial office, he may make a written application to the appropriate Minister requesting that he should once again become a person to whom this Part applies.
- (4) If, on an application under subsection (3) above, the appropriate Minister is satisfied that the applicant is in good health, he may direct that this Part shall once again apply to the applicant with effect from a date (his “date of re-admission”) not less than three months after service of the application.
- (4) If, on an application under subsection (3) above, the appropriate Minister is satisfied that the applicant is in good health, he may direct that this Part shall once again apply to the applicant with effect from a date (his “*date of re-admission*”) not less than three months after service of the application.
- (5) A person’s election under this section shall cease to be in force on his date of re-admission.
@@ -614,11 +622,11 @@
- (9) In this section—
- “the corresponding provisions” means— section 14A(3) of the 1981 Act; section 116A(3) of the County Courts Act (Northern Ireland) 1959; section 2A(3) of the Resident Magistrates' Pensions Act (Northern Ireland) 1960; section 2A(3) of the Lands Tribunal and Compensation Act (Northern Ireland) 1964; section 2A(1) of the Superannuation (Miscellaneous Provisions) Act (Northern Ireland) 1969; paragraph 7A(3) of Schedule 10 to the Social Security (Northern Ireland) Act 1975; and, in the case of any other judicial pension scheme, any provision of that scheme which confers a right to elect for a pension under a personal pension scheme;
- “personal pension scheme” means a scheme in respect of which there is in force a current appropriate scheme certificate issued by the Occupational Pensions Board in accordance with section 2 of the Social Security Act 1986 or, in the case of qualifying judicial office held in Northern Ireland, in accordance with Article 4 of the Social Security (Northern Ireland) Order 1986;
- “the relevant day”, in the case of any person, means the day on which this Part first applies, or would, apart from any election under this section or the corresponding provisions, first apply to him.
- “*the corresponding provisions*” means—section 14A(3) of the 1981 Act;section 116A(3) of the County Courts Act (Northern Ireland) 1959;section 2A(3) of the Resident Magistrates’ Pensions Act (Northern Ireland) 1960;section 2A(3) of the Lands Tribunal and Compensation Act (Northern Ireland) 1964;section 2A(1) of the Superannuation (Miscellaneous Provisions) Act (Northern Ireland) 1969;paragraph 7A(3) of Schedule 10 to the Social Security (Northern Ireland) Act 1975;and, in the case of any other judicial pension scheme, any provision of that scheme which confers a right to elect for a pension under a personal pension scheme;
- “*personal pension scheme*” means a scheme in respect of which there is in force a current appropriate scheme certificate issued . . . in accordance with section 7 of the Pension Schemes Act 1993 or, in the case of qualifying judicial office held in Northern Ireland, in accordance with section 3 of the Pension Schemes (Northern Ireland) Act 1993;
- “*the relevant day*”, in the case of any person, means the day on which this Part first applies, or would, apart from any election under this section or the corresponding provisions, first apply to him.
### Supplemental provisions
@@ -656,9 +664,9 @@
In making any calculation for the purposes of sections 4 to 8 above, any abatement of a pension falling to be made under any order made under—
- (a) section 65 of the Social Security Act 1973 (modification etc of public service pension schemes), or
- (b) Article 61 of the Social Security Pensions (Northern Ireland) Order 1975 (corresponding provision for Northern Ireland),
- (a) section 141 of the Pension Schemes Act 1993 (modification of public service schemes) or section 143 of that Act (winding up of public service schemes);
- (b) section 137 or 139 of the Pension Schemes (Northern Ireland) Act 1993 (corresponding Northern Ireland provisions);
shall be left out of account.
@@ -690,7 +698,7 @@
- (1) This section applies in any case where—
- (a) a pension or lump sum is payable under Part I above to or in respect of a person to whom that Part applies (the “judicial officer”); and
- (a) a pension or lump sum is payable under Part I above to or in respect of a person to whom that Part applies (the “*judicial officer*”); and
- (b) the amount which constitutes the judicial officer’s pensionable pay is less than it would have been, had pension-capped salary fallen to be determined under section 3(3)(b) above, in his case, without the limit imposed by reference to the permitted maximum there mentioned;
@@ -752,11 +760,11 @@
- (6) In this section—
- “regulations” means regulations made by the appropriate Minister;
- “relevant pension scheme” means any scheme constituted under or by virtue of Part I or section 19 above for the payment of pensions or other benefits;
- “rules”, in relation to a relevant pension scheme, means the provisions of Part I and section 19 above and of any regulations or orders made under or by virtue of that Part or that section.
- “*regulations*” means regulations made by the appropriate Minister;
- “*relevant pension scheme*” means any scheme constituted under or by virtue of Part I or section 19 above for the payment of pensions or other benefits;
- “*rules*”, in relation to a relevant pension scheme, means the provisions of Part I and section 19 above and of any regulations or orders made under or by virtue of that Part or that section.
#### Pensions payable to judicial officers etc. by local authorities in England and Wales
@@ -764,7 +772,7 @@
- (1) This section applies in any case where—
- (a) an order under section 1(8) above amends Schedule 1 to this Act by the addition of any office (“the office”) to those for the time being specified in that Schedule; and
- (a) an order under section 1(8) above amends Schedule 1 to this Act by the addition of any office (“*the office*”) to those for the time being specified in that Schedule; and
- (b) immediately before the coming into force of the order, a local authority was under a liability to defray, whether in whole or in part, pensions or other benefits payable in respect of service in the office.
@@ -780,22 +788,18 @@
- (i) any pension or lump sum payable under Part I above, or
- (ii) any sums payable by way of pension or lump sum under section 19 above,
to or in respect of any person to whom Part I above applies as may reasonably be regarded as attributable to his service in the office; and
- (b) that the local authority is discharged, to a corresponding extent, from the liability to pay any pension or other benefit to or in respect of such a person in respect of his service in the office.
- (4) In this section—
- “local authority” means any county council, district council, London Borough Council or the Common Council of the City of London;
- “prescribed” means specified in, or determined in accordance with, an order under subsection (2) above.
- “*local authority*” means any county council, county borough council, district council, London Borough Council or the Common Council of the City of London;
- “*prescribed*” means specified in, or determined in accordance with, an order under subsection (2) above.
- (5) Nothing in this section applies in relation to any pension or other benefits payable under or by virtue of section 10 above.
- (6) This section is without prejudice to the generality of section 29 below.
#### Application of the Pensions (Increase) Act 1971
##### 22
@@ -804,9 +808,9 @@
> (4A) A pension payable under Part I or section 19 of the Judicial Pensions and Retirement Act 1993, other than a pension payable under or by virtue of section 10 of that Act.
- (2) The pensions in relation to which the Pensions (Increase) Act 1971 extends to Northern Ireland shall include pensions payable under Part I or section 19 above, other than pensions payable under or by virtue of section 10 above; and, accordingly, in section 19(2)(a) of that Act, after the words “Pension Fund” there shall be inserted the words “or payable under Part I or section 19 of the Judicial Pensions and Retirement Act 1993 (otherwise than under or by virtue of section 10 of that Act)”.
- (3) In subsection (2) above, “pensions” has the same meaning as it has in the Pensions (Increase) Act 1971.
- (2) The pensions in relation to which the Pensions (Increase) Act 1971 extends to Northern Ireland shall include pensions payable under Part I or section 19 above, other than pensions payable under or by virtue of section 10 above; and, accordingly, in section 19(2)(a) of that Act, after the words “*Pension Fund*” there shall be inserted the words “ or payable under Part I or section 19 of the Judicial Pensions and Retirement Act 1993 (otherwise than under or by virtue of section 10 of that Act) ”.
- (3) In subsection (2) above, “*pensions*” has the same meaning as it has in the Pensions (Increase) Act 1971.
#### Transfer of accrued benefits
@@ -840,9 +844,9 @@
- (f) Comptroller and Auditor General for Northern Ireland;
- (g) Northern Ireland Parliamentary Commissioner for Administration;
- (h) Northern Ireland Commissioner for Complaints.
- (g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Retirement date for certain judicial officers etc
@@ -850,7 +854,7 @@
##### 26
- (1) Subject to the following provisions of this section, a person holding any of the offices for the time being specified in Schedule 5 to this Act (a “relevant office”) shall vacate that office on the day on which he attains the age of 70 or such lower age as may for the time being be specified for the purpose in the enactments and instruments relating to that office, whenever passed or made.
- (1) Subject to the following provisions of this section, a person holding any of the offices for the time being specified in Schedule 5 to this Act (a “*relevant office*”) shall vacate that office on the day on which he attains the age of 70 or such lower age as may for the time being be specified for the purpose in the enactments and instruments relating to that office, whenever passed or made.
- (2) Any reference in this section to a person’s holding an office includes a reference to his being a member of, or otherwise included in, any panel or list of persons appointed, nominated, approved or otherwise selected to serve from time to time in that office (whether or not the panel or list is required by or under any enactment); and any reference in this section or Schedule 5 to this Act to any particular office or to an office of any class or description, or to a person’s appointment to, or vacation of, an office, shall be construed accordingly.
@@ -912,19 +916,19 @@
- (b) the person, or one of the persons, constituting a tribunal for the purposes of section 150(3) of the Mines and Quarries Act 1954, or as an assessor assisting such a tribunal;
- (c) an assessor assisting with an inquiry under section 52 of the Merchant Shipping Act 1970;
- (d) chairman of a vaccine damage tribunal in Northern Ireland constituted under regulation 7 of the Vaccine Damage Payments Regulations 1979;
- (e) chairman of a tribunal constituted under section 47 of the Building Societies Act 1986;
- (f) chairman of a tribunal constituted under section 28 of the Banking Act 1987;
- (c) an assessor assisting with an inquiry under section 61 of the Merchant Shipping Act 1995;
- (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (g) an arbitrator, or (in Scotland) an arbiter, under paragraph 9(2) of Schedule 10 to the Electricity Act 1989;
- (h) chairman of a tribunal constituted under Schedule 3 to the Education (Schools) Act 1992;
- (j) chairman of a tribunal constituted under section 59 of the Friendly Societies Act 1992.
- (h) chairman of a tribunal constituted under Schedule 2 to the School Inspections Act 1996;
- (j) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (9) The appropriate Minister may by order—
@@ -942,11 +946,11 @@
- (12) In this section—
- “the appointed day” means the day appointed under section 31 below for the coming into force of this section;
- “the compulsory retirement date” for an office means the day on which a holder of that office is or, apart from any continuation power, would be required by any enactment or statutory instrument to vacate that office, being either— the day on which he attains a particular age; or a day falling to be determined by reference to his attaining a particular age;
- “continuation power” means a power conferred by an enactment or statutory instrument on a Minister of the Crown to authorise the holder of an office to continue in that office until a later day than that on which, apart from any exercise of the power, he would be required by any enactment or statutory instrument to vacate that office;
- “*the appointed day*” means the day appointed under section 31 below for the coming into force of this section;
- “*the compulsory retirement date*” for an office means the day on which a holder of that office is or, apart from any continuation power, would be required by any enactment or statutory instrument to vacate that office, being either—the day on which he attains a particular age; ora day falling to be determined by reference to his attaining a particular age;
- “*continuation power*” means a power conferred by an enactment or statutory instrument on a Minister of the Crown to authorise the holder of an office to continue in that office until a later day than that on which, apart from any exercise of the power, he would be required by any enactment or statutory instrument to vacate that office;
and any reference to vacating an office includes a reference to retiring from it.
@@ -976,7 +980,9 @@
- (e) Assistant Judge Advocate General;
- (f) Deputy Judge Advocate;
- (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (ff) a part-time sheriff;
- (g) Chairman of the Criminal Injuries Compensation Board.
@@ -1034,45 +1040,45 @@
- (1) In this Act—
- “the 1981 Act” means the Judicial Pensions Act 1981;
- “actuarially reduced” has the meaning given by section 2(7)(e) above;
- “the administrators”, in relation to a pension scheme, means the persons entrusted with the administration of the scheme;
- “appropriate annual rate”, in relation to a judicial pension, shall be construed in accordance with section 3 above;
- “the appropriate Minister” means— in relation to any judicial office whose jurisdiction is exercised exclusively in relation to Scotland, the Secretary of State; or subject to paragraph (a) above, the Lord Chancellor;
- “children’s pension” has the meaning given by section 6 above;
- “commence to be paid”, in relation to any judicial pension, shall be construed in accordance with section 2(7)(d) above;
- “the deceased”, in connection with any surviving spouse’s or children’s pension, shall be construed in accordance with section 5 or 6 above, as the case may be;
- “derivative benefit” means a lump sum under section 4 above or a surviving spouse’s or children’s pension;
- “eligible children”, in relation to the deceased, shall be construed in accordance with section 6 above;
- “judicial pension” means a pension under section 2 above;
- “judicial pension scheme” means any public service pension scheme, as defined in— section 66(1) of the Social Security Pensions Act 1975, or Article 2(2) of the Social Security Pensions (Northern Ireland) Order 1975, under which pensions and other benefits are payable in respect of service in one or more qualifying judicial offices (whether or not in respect of service in such offices alone);
- “pensionable pay” has the meaning given by section 3(3) above;
- “pension-capped salary” has the meaning given by section 3(3) above;
- “the principal civil service pension scheme” means a scheme made under section 1 of the Superannuation Act 1972 which is the principal civil service pension scheme within the meaning of section 2 of that Act;
- “the principal civil service pension scheme for the civil service of Northern Ireland” means a scheme made under Article 3 of the Superannuation (Northern Ireland) Order 1972 which is the principal civil service pension scheme within the meaning of Article 4 of that Order;
- “qualifying judicial office” has the meaning given by section 1(6) above;
- “serve” and “service”, in relation to qualifying judicial office, shall be construed in accordance with section 1(6) above;
- “stipendiary magistrate”, in England and Wales, includes a metropolitan stipendiary magistrate;
- “surviving spouse’s pension” has the meaning given by section 5 above.
- “*the 1981 Act*” means the Judicial Pensions Act 1981;
- “*actuarially reduced*” has the meaning given by section 2(7)(e) above;
- “*the administrators*”, in relation to a pension scheme, means the persons entrusted with the administration of the scheme;
- “*appropriate annual rate*”, in relation to a judicial pension, shall be construed in accordance with section 3 above;
- “*the appropriate Minister*” means—in relation to any judicial office whose jurisdiction is exercised exclusively in relation to Scotland, the Secretary of State; orsubject to paragraph (a) above, the Lord Chancellor;
- “*children’s pension*” has the meaning given by section 6 above;
- “*commence to be paid*”, in relation to any judicial pension, shall be construed in accordance with section 2(7)(d) above;
- “*the deceased*”, in connection with any surviving spouse’s or children’s pension, shall be construed in accordance with section 5 or 6 above, as the case may be;
- “*derivative benefit*” means a lump sum under section 4 above or a surviving spouse’s or children’s pension;
- “*eligible children*”, in relation to the deceased, shall be construed in accordance with section 6 above;
- “*judicial pension*” means a pension under section 2 above;
- “*judicial 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,under which pensions and other benefits are payable in respect of service in one or more qualifying judicial offices (whether or not in respect of service in such offices alone);
- “*pensionable pay*” has the meaning given by section 3(3) above;
- “*pension-capped salary*” has the meaning given by section 3(3) above;
- “*the principal civil service pension scheme*” means a scheme made under section 1 of the Superannuation Act 1972 which is the principal civil service pension scheme within the meaning of section 2 of that Act;
- “*the principal civil service pension scheme for the civil service of Northern Ireland*” means a scheme made under Article 3 of the Superannuation (Northern Ireland) Order 1972 which is the principal civil service pension scheme within the meaning of Article 4 of that Order;
- “*qualifying judicial office*” has the meaning given by section 1(6) above;
- “*serve*” and “*service*”, in relation to qualifying judicial office, shall be construed in accordance with section 1(6) above;
- “*stipendiary magistrate*”, in England and Wales, includes a metropolitan stipendiary magistrate;
- “*surviving spouse’s pension*” has the meaning given by section 5 above.
- (2) In the case of a person who has retired from qualifying judicial office on more than one occasion, references in this Act to his retirement from such office are references to the last of those occasions.
@@ -1124,33 +1130,41 @@
##### 1
In this Schedule—
- “authorised insurance company” means an insurance company authorised under section 3 or 4 of the Insurance Companies Act 1982 (or any similar previous enactment) to carry on ordinary long-term insurance business;
- “contracted-out scheme” has the same meaning as it has for the purposes of Part III of the Social Security Pensions Act 1975 and, in relation to Northern Ireland, Part IV of the Social Security Pensions (Northern Ireland) Order 1975;
- “disregarded service”, in relation to any member of a scheme, means any period of service in qualifying judicial office during which an election under, or an election having effect as if made under, section 13 of this Act is in force in respect of the qualifying member;
- “guaranteed minimum pension” has the same meaning as in the Social Security Pensions Act 1975 and, in relation to Northern Ireland, the Social Security Pensions (Northern Ireland) Order 1975;
- “member”, in relation to a scheme, means a person to whom Part I of this Act applies or has applied;
- “normal pension age” means the earliest age at which, if his service in qualifying judicial office had continued until retirement at that age, a member of the scheme constituted by Part I of this Act might have been entitled to receive a pension under the scheme at the appropriate annual rate (otherwise than by reason of infirmity of mind or body);
- “occupational pension scheme” has the meaning given by section 66(1) of the Social Security Pensions Act 1975 or, in relation to Northern Ireland, Article 2(2) of the Social Security Pensions (Northern Ireland) Order 1975;
- “personal pension scheme” has the meaning given by section 84(1) of the Social Security Act 1986 or, in relation to Northern Ireland, Article 2(2) of the Social Security (Northern Ireland) Order 1986;
- “prescribed” means prescribed by regulations;
- “protected rights” has the same meaning as in the Social Security Pensions Act 1975 and, in relation to Northern Ireland, the Social Security Pensions (Northern Ireland) Order 1975;
- “qualifying member” means a person to whom Part II of this Schedule applies;
- “qualifying service” means the service by reference to which a qualifying member’s entitlement to benefit under the scheme is calculated; and
- “scheme” means the relevant occupational pension scheme constituted by Part I or section 19 of this Act.
- (1) In this Schedule—
- “*authorised insurer*” means—a person who has permission under Part 4 of the Financial Services and Markets Act 2000 to effect or carry out contracts of long-term insurance, oran EEA firm of the kind mentioned in paragraph 5(d) of Schedule 3 to that Act, which has permission under paragraph 15 of that Schedule (as a result of qualifying for authorisation under paragraph 12 of that Schedule) to effect or carry out contracts of long-term insurance;
- “*contracted-out scheme*” has the same meaning as it has for the purposes of Part III of the Pension Schemes Act 1993 and, in relation to Northern Ireland, Part III of the Pension Schemes (Northern Ireland) Act 1993;
- “*disregarded service*”, in relation to any member of a scheme, means any period of service in qualifying judicial office during which an election under, or an election having effect as if made under, section 13 of this Act is in force in respect of the qualifying member;
- “*guaranteed minimum pension*” has the same meaning as in the the Pension Schemes Act 1993 and, in relation to Northern Ireland Pension Schemes (Northern Ireland) Act 1993, ;
- “*member*”, in relation to a scheme, means a person to whom Part I of this Act applies or has applied;
- “*normal pension age*” means the earliest age at which, if his service in qualifying judicial office had continued until retirement at that age, a member of the scheme constituted by Part I of this Act might have been entitled to receive a pension under the scheme at the appropriate annual rate (otherwise than by reason of infirmity of mind or body);
- “*occupational pension scheme*” has the meaning given by section 1 of the Pension Schemes Act 1993 or, in relation to Northern Ireland, Article 2(2) of the Social Security Pensions (Northern Ireland) Order 1975;
- “*personal pension scheme*” has the meaning given by section 1 of the Pension Schemes Act 1993 or, in relation to Northern Ireland, section 1 of the Pension Schemes (Northern Ireland) Act 1993;
- “*prescribed*” means prescribed by regulations;
- “*protected rights*” has the same meaning as in the Pension Schemes Act 1993 and, in relation to Northern Ireland, the Pension Schemes (Northern Ireland) Act 1993;
- “*qualifying member*” means a person to whom Part II of this Schedule applies;
- “*qualifying service*” means the service by reference to which a qualifying member’s entitlement to benefit under the scheme is calculated; and
- “*scheme*” means the relevant occupational pension scheme constituted by Part I or section 19 of this Act.
- (2) The definition of “authorised insurer” in sub-paragraph (1) must be read with—
- (a) section 22 of the Financial Services and Markets Act 2000;
- (b) any relevant order under that section;
- (c) Schedule 2 to that Act.
### Regulations
@@ -1162,7 +1176,7 @@
##### 3
Part II of Schedule 1A to the Social Security Pensions Act 1975 (transfer values) and Part II of Schedule 1A to the Social Security Pensions (Northern Ireland) Order 1975 (corresponding Northern Ireland provisions) shall not apply in relation to those schemes to which this Schedule applies.
Chapter IV of Part IV of the Pension Schemes Act 1993 (transfer values) and Chapter IV of Part IV of the Pension Schemes (Northern Ireland) Act 1993 (corresponding Northern Ireland provisions) shall not apply in relation to those schemes to which this Schedule applies.
## Part II — Transfers out
@@ -1196,7 +1210,7 @@
- (b) where service of his in qualifying judicial office is disregarded service, which would have so accrued if his service in qualifying judicial office had ended on the same date as that on which his qualifying service ended.
- (2) In this paragraph “the relevant date” means—
- (2) In this paragraph “*the relevant date*” means—
- (a) the date when the qualifying member’s qualifying service ends, or
@@ -1224,7 +1238,7 @@
- (ii) which satisfies prescribed requirements;
- (c) for purchasing from one or more authorised insurance companies—
- (c) for purchasing from one or more authorised insurers—
- (i) chosen by the qualifying member, and
@@ -1246,7 +1260,7 @@
- (i) an occupational pension scheme which is not a contracted-out scheme, or
- (ii) a personal pension scheme which is not an appropriate scheme under section 2 of the Social Security Act 1986, Article 4 of the Social Security (Northern Ireland) Order 1986 or under any prescribed provision, or
- (ii) a personal pension scheme which is not an appropriate scheme under section 7 of the Pension Schemes Act 1993, section 3 of the Pension Schemes (Northern Ireland) Act 1993 or under any prescribed provision, or
- (iii) a self-employed pension arrangement within the meaning of regulation 2D of the Occupational Pension Schemes (Transfer Values) Regulations 1985, regulation 2D of the Occupational Pension Schemes (Transfer Values) Regulations (Northern Ireland) 1985, regulation 2A of the Personal Pension Schemes (Transfer Values) Regulations 1987, regulation 2A of the Personal Pension Schemes (Transfer Values) Regulations (Northern Ireland) 1987 or any other prescribed provision,
@@ -1256,7 +1270,7 @@
paragraph 5 above, this paragraph and paragraph 7 below are to be read as conferring on the member an option only in respect of the reduced cash equivalent.
- (7) In this paragraph “reduced cash equivalent” means a sum equal to the balance of the cash equivalent to which the qualifying member would be entitled if sub-paragraph (6) above did not apply, after deduction of an amount sufficient for the Treasury to meet its liability in respect of the member’s guaranteed minimum pension or protected rights or those of his widow, or her widower.
- (7) In this paragraph “*reduced cash equivalent*” means a sum equal to the balance of the cash equivalent to which the qualifying member would be entitled if sub-paragraph (6) above did not apply, after deduction of an amount sufficient for the Treasury to meet its liability in respect of the member’s guaranteed minimum pension or protected rights or those of his widow, or her widower.
### Calculation of cash equivalents
@@ -1350,9 +1364,9 @@
- (3) In this paragraph—
- “the prescribed limit” means the limit prescribed by regulations made by virtue of paragraph 13(a) below;
- “qualifying scheme” means— an occupational pension scheme, a personal pension scheme, or an annuity purchased from an authorised insurance company, which satisfies prescribed requirements; or other prescribed pension arrangements.
- “*the prescribed limit*” means the limit prescribed by regulations made by virtue of paragraph 13(a) below;
- “*qualifying scheme*” means—an occupational pension scheme, a personal pension scheme, or an annuity purchased from an authorised insurer, which satisfies prescribed requirements; orother prescribed pension arrangements.
### Cancellation of request
@@ -1384,11 +1398,11 @@
##### 1
- (1) In section 21 of the 1981 Act (meaning of “period of childhood and full-time education”) in subsection (1)(c)(ii), for the words from “do not exceed” to “a year” there shall be substituted the words “do not exceed the maximum allowable remuneration”.
- (1) In section 21 of the 1981 Act (meaning of “period of childhood and full-time education”) in subsection (1)(c)(ii), for the words from “do not exceed” to “a year” there shall be substituted the words “ do not exceed the maximum allowable remuneration ”.
- (2) After subsection (3) of that section (meaning of “emoluments”) there shall be inserted—
> (3A) For the purposes of subsection (1)(c)(ii) above, the “maximum allowable remuneration” at any time is an annual rate (£1,614 a year, at the passing of the Judicial Pensions and Retirement Act 1993) equal to that at which a pension of £250 a year—
> (3A) For the purposes of subsection (1)(c)(ii) above, the “*maximum allowable remuneration*” at any time is an annual rate (£1,614 a year, at the passing of the Judicial Pensions and Retirement Act 1993) equal to that at which a pension of £250 a year—
> (a) first awarded under the principal civil service pension scheme on 1st June 1972, and
> (b) increased from time to time by the amount of increase that would be applied under the Pensions (Increase) Act 1971 to such a pension,
> would (as so increased) be payable at that time, rounding any resulting fraction of £1 up to the next whole £1.
@@ -1419,20 +1433,22 @@
> (4) Regulations may make provision as to the manner in which, and time within which, appeals under this section are to be brought.
> (5) The administrators shall be entitled to appear and be heard on any appeal under this section.
> (6) In this section—
> - “the administrators”, in relation to a pension scheme, means the persons entrusted with the administration of the scheme;
> - “the appropriate Minister” means— in relation to any judicial office whose jurisdiction is exercised exclusively in relation to Scotland, the Secretary of State; or subject to paragraph (a) above, the Lord Chancellor;
> - “member”, in relation to a pension scheme, means a person whose service in an office is, was or is to be subject to the scheme;
> - “regulations” means regulations made by the appropriate Minister;
> - “relevant pension scheme” means any pension scheme constituted under or by virtue of this Act;
> - “rules”, in relation to a relevant pension scheme, means the provisions of this Act, and of any regulations or orders made under this Act, so far as relating to that scheme.
> - “*the administrators*”, in relation to a pension scheme, means the persons entrusted with the administration of the scheme;
> - “*the appropriate Minister*” means—
> 1. in relation to any judicial office whose jurisdiction is exercised exclusively in relation to Scotland, the Secretary of State; or
> 2. subject to paragraph (a) above, the Lord Chancellor;
> - “*member*”, in relation to a pension scheme, means a person whose service in an office is, was or is to be subject to the scheme;
> - “*regulations*” means regulations made by the appropriate Minister;
> - “*relevant pension scheme*” means any pension scheme constituted under or by virtue of this Act;
> - “*rules*”, in relation to a relevant pension scheme, means the provisions of this Act, and of any regulations or orders made under this Act, so far as relating to that scheme.
### Additional voluntary contributions
##### 3
- (1) Section 33A of the 1981 Act (which confers power to make regulations entitling any member of a judicial pension scheme constituted by that Act or by the Sheriffs' Pensions (Scotland) Act 1961 to make voluntary contributions towards the provision of additional benefits under the scheme) shall be amended in accordance with the following provisions of this paragraph.
- (2) In subsection (1), after the word “provision” there shall be inserted “(a)” and for the words “under the scheme” there shall be substituted the words
- (1) Section 33A of the 1981 Act (which confers power to make regulations entitling any member of a judicial pension scheme constituted by that Act or by the Sheriffs’ Pensions (Scotland) Act 1961 to make voluntary contributions towards the provision of additional benefits under the scheme) shall be amended in accordance with the following provisions of this paragraph.
- (2) In subsection (1), after the word “provision” there shall be inserted “ (a) ” and for the words “under the scheme” there shall be substituted the words
> whether under the scheme or otherwise; or
> (b) imposing conditions with respect to the exercise by any such person of any entitlement (whether or not under paragraph (a) above) which he may have to make any such voluntary contributions.
@@ -1460,13 +1476,13 @@
- (5) At the end of that subsection there shall be added the words—
“but paragraphs (c) and (d) above have effect only in relation to a voluntary contributions scheme constituted by or under this Act or the Sheriffs' Pensions (Scotland) Act 1961.”
“ but paragraphs (c) and (d) above have effect only in relation to a voluntary contributions scheme constituted by or under this Act or the Sheriffs’ Pensions (Scotland) Act 1961. ”
- (6) In subsection (3) (regulations about valuation of benefits etc)—
- (a) the word “and” immediately preceding paragraph (b) shall be omitted; and
- (b) in that paragraph, for the words “limit imposed by virtue of” there shall be substituted the words “such limit as is mentioned in”.
- (b) in that paragraph, for the words “limit imposed by virtue of” there shall be substituted the words “ such limit as is mentioned in ”.
- (7) At the end of that subsection there shall be added—
@@ -1497,34 +1513,37 @@
- (10) After subsection (8) there shall be added—
> (9) In this section—
> - “administrators”, in relation to any scheme, means the persons entrusted with the administration of that scheme;
> - “aggregable benefits” means— any pensions or other benefits under a judicial pension scheme, other than such additional benefits as are mentioned in subsection (1) above; such additional benefits so mentioned as may be prescribed; and such retained benefits as may be prescribed;
> - “authorised provider”, in relation to the investment of any sums paid by way of voluntary contributions or the provision of any benefit, means a person who is authorised under Chapter III of Part I of the Financial Services Act 1986 to invest those sums or, as the case may be, to provide that benefit;
> - “employment” has the same meaning as it has in the Social Security Pensions Act 1975 (and accordingly includes employment as a self-employed earner, within the meaning of that Act);
> - “judicial pension scheme” has the meaning given by section 14A(2) above;
> - “member” means member of a judicial pension scheme;
> - “occupational pension scheme” has the meaning given by section 66(1) of the Social Security Pensions Act 1975 or, in relation to Northern Ireland, Article 2(2) of the Social Security Pensions (Northern Ireland) Order 1975;
> - “personal pension scheme” has the meaning given by section 84(1) of the Social Security Act 1986 or, in relation to Northern Ireland, Article 2(2) of the Social Security (Northern Ireland) Order 1986;
> - “prescribed” means specified in, or determined in accordance with, the regulations;
> - “relevant benefits” has the meaning given by section 612(1) of the Income and Corporation Taxes Act 1988;
> - “retained benefits”, in the case of any person, means any rights retained by him to relevant benefits under any occupational or personal pension scheme which has, or which may be expected to qualify for, tax-exemption or tax-approval, being rights which accrued during some previous employment;
> - “surplus funds”, in relation to a person and any voluntary contributions scheme, means any funds which are, or have been, held for the purposes of that voluntary contributions scheme and which fall to be returned to him in consequence of any such limit as is mentioned in subsection (2)(b) above;
> - “tax-exemption” and “tax-approval” have the meaning given by section 84(1) of the Social Security Act 1986;
> - “voluntary contributions”, in relation to any member of a judicial pension scheme, means voluntary contributions towards the provision of additional benefits, whether under that scheme or otherwise;
> - “voluntary contributions scheme” means any occupational pension scheme if and to the extent that it is a scheme under which such additional benefits as are mentioned in subsection (1) above are, or are to be, provided;
> - “*administrators*”, in relation to any scheme, means the persons entrusted with the administration of that scheme;
> - “*aggregable benefits*” means—
> 1. any pensions or other benefits under a judicial pension scheme, other than such additional benefits as are mentioned in subsection (1) above;
> 2. such additional benefits so mentioned as may be prescribed; and
> 3. such retained benefits as may be prescribed;
> - “*authorised provider*”, in relation to the investment of any sums paid by way of voluntary contributions or the provision of any benefit, means a person who is authorised under Chapter III of Part I of the Financial Services Act 1986 to invest those sums or, as the case may be, to provide that benefit;
> - “*employment*” has the same meaning as it has in the Social Security Pensions Act 1975 (and accordingly includes employment as a self-employed earner, within the meaning of that Act);
> - “*judicial pension scheme*” has the meaning given by section 14A(2) above;
> - “*member*” means member of a judicial pension scheme;
> - “*occupational pension scheme*” has the meaning given by section 66(1) of the Social Security Pensions Act 1975 or, in relation to Northern Ireland, Article 2(2) of the Social Security Pensions (Northern Ireland) Order 1975;
> - “*personal pension scheme*” has the meaning given by section 84(1) of the Social Security Act 1986 or, in relation to Northern Ireland, Article 2(2) of the Social Security (Northern Ireland) Order 1986;
> - “*prescribed*” means specified in, or determined in accordance with, the regulations;
> - “*relevant benefits*” has the meaning given by section 612(1) of the Income and Corporation Taxes Act 1988;
> - “*retained benefits*”, in the case of any person, means any rights retained by him to relevant benefits under any occupational or personal pension scheme which has, or which may be expected to qualify for, tax-exemption or tax-approval, being rights which accrued during some previous employment;
> - “*surplus funds*”, in relation to a person and any voluntary contributions scheme, means any funds which are, or have been, held for the purposes of that voluntary contributions scheme and which fall to be returned to him in consequence of any such limit as is mentioned in subsection (2)(b) above;
> - “*tax-exemption*” and “*tax-approval*” have the meaning given by section 84(1) of the Social Security Act 1986;
> - “*voluntary contributions*”, in relation to any member of a judicial pension scheme, means voluntary contributions towards the provision of additional benefits, whether under that scheme or otherwise;
> - “*voluntary contributions scheme*” means any occupational pension scheme if and to the extent that it is a scheme under which such additional benefits as are mentioned in subsection (1) above are, or are to be, provided;
> and, where a person’s voluntary contributions are made by deduction from salary, any reference to payment of, or by way of, voluntary contributions shall be taken to include a reference to the making of voluntary contributions by deduction or, as the case may require, to any voluntary contributions so made.
> (10) Without prejudice to subsections (3)(c) and (d) and (4A) above, there may be paid out of money provided by Parliament—
> (a) any sums required for or in connection with the operation or administration of any prescribed voluntary contributions scheme; or
> (b) any administrative expenses incurred under or by virtue of this section by a Minister of the Crown or government department.
> (11) Any sums received under this section may be paid into the Consolidated Fund.
## Part II — Amendment of the Sheriffs' Pensions (Scotland) Act 1961
## Part II — Amendment of the Sheriffs’ Pensions (Scotland) Act 1961
### Appeals
##### 4
After section 9 of the Sheriffs' Pensions (Scotland) Act 1961 there shall be inserted—
After section 9 of the Sheriffs’ Pensions (Scotland) Act 1961 there shall be inserted—
> (9A)
> (1) If any person to whom a pension is payable under this Act is aggrieved by any decision taken by the administrators of a pension scheme constituted by this Act concerning—
@@ -1534,7 +1553,7 @@
> (2) On deciding an appeal under this section, the Secretary of State may give to the administrators such directions as he considers necessary or expedient for implementing his decision.
> (3) The Secretary of State may by regulations make provision as to the manner in which, and time within which, appeals under this section are to be brought.
> (4) The administrators shall be entitled to appear and be heard on any appeal under this section.
> (5) In this section, “the administrators”, in relation to a pension scheme, means the persons entrusted with the administration of the scheme.
> (5) In this section, “*the administrators*”, in relation to a pension scheme, means the persons entrusted with the administration of the scheme.
## Part III — Amendments of Northern Ireland Provisions
@@ -1544,17 +1563,17 @@
In this Part of this Schedule—
- “the 1951 Act” means the Judicial Pensions Act (Northern Ireland) 1951;
- “the 1959 Act” means the County Courts Act (Northern Ireland) 1959;
- “the 1960 Act” means the Resident Magistrates' Pensions Act (Northern Ireland) 1960;
- “the 1964 Order” means the Lands Tribunal (Salaries and Superannuation) Order (Northern Ireland) 1964;
- “the 1969 Act” means the Superannuation (Miscellaneous Provisions) Act (Northern Ireland) 1969;
- “the 1975 Act” means the Social Security (Northern Ireland) Act 1975.
- “*the 1951 Act*” means the Judicial Pensions Act (Northern Ireland) 1951;
- “*the 1959 Act*” means the County Courts Act (Northern Ireland) 1959;
- “*the 1960 Act*” means the Resident Magistrates’ Pensions Act (Northern Ireland) 1960;
- “*the 1964 Order*” means the Lands Tribunal (Salaries and Superannuation) Order (Northern Ireland) 1964;
- “*the 1969 Act*” means the Superannuation (Miscellaneous Provisions) Act (Northern Ireland) 1969;
- “*the 1975 Act*” means the Social Security (Northern Ireland) Act 1975.
### Dependent children: maximum allowable remuneration
@@ -1568,9 +1587,9 @@
- (c) section 7 of the 1960 Act,
for the words from “do not exceed” to “a year” there shall be substituted the words “do not exceed the maximum allowable remuneration”.
- (2) In paragraph 1(c)(ii) of Article 9 of the 1964 Order (which gives the meaning of “period of childhood and full-time education”), for the words from “do not exceed” to “a year” there shall be substituted the words “do not exceed the maximum allowable remuneration”.
for the words from “do not exceed” to “a year” there shall be substituted the words “ do not exceed the maximum allowable remuneration ”.
- (2) In paragraph 1(c)(ii) of Article 9 of the 1964 Order (which gives the meaning of “period of childhood and full-time education”), for the words from “do not exceed” to “a year” there shall be substituted the words “ do not exceed the maximum allowable remuneration ”.
- (3) The subsection set out in sub-paragraph (4) below shall be inserted—
@@ -1582,12 +1601,12 @@
- (4) The subsection inserted by sub-paragraph (3) above is as follows—
> For the purposes of subsection (1)(c)(ii), the “maximum allowable remuneration” at any time is an annual rate (£1,614 a year, at the passing of the Judicial Pensions and Retirement Act 1993) equal to that at which a pension of £250 a year—
> (0) For the purposes of subsection (1)(c)(ii), the “*maximum allowable remuneration*” at any time is an annual rate (£1,614 a year, at the passing of the Judicial Pensions and Retirement Act 1993) equal to that at which a pension of £250 a year—
> (a) first awarded under the principal civil service pension scheme (within the meaning of that Act) on 1st June 1972, and
> (b) increased from time to time by the amount of increase that would be applied under the Pensions (Increase) Act 1971 to such a pension,
> would (as so increased) be payable at that time, rounding any resulting fraction of £1 up to the next whole £1.
- (5) A paragraph in the same terms as the subsection set out in sub-paragraph (4) above, but with the substitution of the word “paragraph” for the word “subsection”, shall be inserted, numbered as paragraph (2A), after paragraph (2) of Article 9 of the 1964 Order.
- (5) A paragraph in the same terms as the subsection set out in sub-paragraph (4) above, but with the substitution of the word “ paragraph ” for the word “subsection”, shall be inserted, numbered as paragraph (2A), after paragraph (2) of Article 9 of the 1964 Order.
- (6) Paragraph 18 of Schedule 1 to the Superannuation (Amendment) Act (Northern Ireland) 1966 (orders increasing the earnings limit in subsection (1)(c)(ii) of each of the sections specified in sub-paragraph (1) above) shall cease to have effect.
@@ -1611,6 +1630,7 @@
- (3) The section inserted by sub-paragraph (2) above is as follows—
> (0)
> (1) If any person to whom this section applies is aggrieved by any decision taken by the administrators of a relevant pension scheme concerning—
> (a) the interpretation of the rules of the scheme, or
> (b) the exercise of any discretion under the scheme,
@@ -1627,12 +1647,12 @@
> (5) Regulations made under this section shall be subject to annulment in like manner as a statutory instrument and section 5 of the Statutory Instruments Act 1946 shall apply accordingly.
> (6) The administrators shall be entitled to appear and be heard on any appeal under this section.
> (7) In this section—
> - “the administrators”, in relation to a pension scheme, means the persons entrusted with the administration of the scheme;
> - “member”, in relation to a pension scheme, means a person whose service in an office is, was or is to be subject to the scheme;
> - “relevant pension scheme” means any pension scheme constituted under or by virtue of this Act;
> - “rules”, in relation to a relevant pension scheme, means the provisions of this Act, and of any regulations or orders made under this Act, so far as relating to that scheme.
- (4) A paragraph in the same terms as the section set out in sub-paragraph (3) above, but with the substitution of the words “this paragraph” for the words “this section”, wherever occurring, shall be inserted, numbered as paragraph 7B, after paragraph 7A of Schedule 10 to the 1975 Act.
> - “*the administrators*”, in relation to a pension scheme, means the persons entrusted with the administration of the scheme;
> - “*member*”, in relation to a pension scheme, means a person whose service in an office is, was or is to be subject to the scheme;
> - “*relevant pension scheme*” means any pension scheme constituted under or by virtue of this Act;
> - “*rules*”, in relation to a relevant pension scheme, means the provisions of this Act, and of any regulations or orders made under this Act, so far as relating to that scheme.
- (4) A paragraph in the same terms as the section set out in sub-paragraph (3) above, but with the substitution of the words “ this paragraph ” for the words “this section”, wherever occurring, shall be inserted, numbered as paragraph 7B, after paragraph 7A of Schedule 10 to the 1975 Act.
### Additional voluntary contributions
@@ -1648,7 +1668,7 @@
shall be amended in accordance with the following provisions of this paragraph.
- (2) In subsection (1), after the word “provision” there shall be inserted “(a)” and for the words “under the scheme” there shall be substituted the words
- (2) In subsection (1), after the word “provision” there shall be inserted “ (a) ” and for the words “under the scheme” there shall be substituted the words
> whether under the scheme or otherwise; or
> (b) imposing conditions with respect to the exercise by any such person of any entitlement (whether or not under paragraph (a)) which he may have to make any such voluntary contributions.
@@ -1676,13 +1696,13 @@
- (5) At the end of that subsection there shall be added the words—
“but paragraphs (c) and (d) have effect only in relation to a voluntary contributions scheme constituted by or under this Act.”
“ but paragraphs (c) and (d) have effect only in relation to a voluntary contributions scheme constituted by or under this Act. ”
- (6) In subsection (3) (regulations about valuation of benefits etc)—
- (a) the word “and” immediately preceding paragraph (b) shall be omitted; and
- (b) in that paragraph, for the words “limit imposed by virtue of” there shall be substituted the words “such limit as is mentioned in”.
- (b) in that paragraph, for the words “limit imposed by virtue of” there shall be substituted the words “ such limit as is mentioned in ”.
- (7) At the end of that subsection there shall be added—
@@ -1709,21 +1729,24 @@
- (9) After subsection (6) there shall be added—
> (7) In this section—
> - “administrators”, in relation to any scheme, means the persons entrusted with the administration of that scheme;
> - “aggregable benefits” means— any pensions or other benefits under a judicial pension scheme, other than such additional benefits as are mentioned in subsection (1); such additional benefits so mentioned as may be prescribed; and such retained benefits as may be prescribed;
> - “authorised provider”, in relation to the investment of any sums paid by way of voluntary contributions or the provision of any benefit, means a person who is authorised under Chapter III of Part I of the Financial Services Act 1986 to invest those sums or, as the case may be, to provide that benefit;
> - “employment” has the same meaning as it has in the Social Security Pensions (Northern Ireland) Order 1975 (and accordingly includes employment as a self-employed earner, within the meaning of that Order);
> - “judicial pension scheme” means a scheme constituted by this Act;
> - “member” means member of a judicial pension scheme;
> - “occupational pension scheme” has the meaning given by Article 2(2) of the Social Security Pensions (Northern Ireland) Order 1975;
> - “personal pension scheme” has the meaning given by Article 2(2) of the Social Security (Northern Ireland) Order 1986;
> - “prescribed” means specified in, or determined in accordance with, the regulations;
> - “relevant benefits” has the meaning given by section 612(1) of the Income and Corporation Taxes Act 1988;
> - “retained benefits”, in the case of any person, means any rights retained by him to relevant benefits under any occupational or personal pension scheme which has, or which may be expected to qualify for, tax-exemption or tax-approval, being rights which accrued during some previous employment;
> - “surplus funds”, in relation to a person and any voluntary contributions scheme, means any funds which are, or have been, held for the purposes of that voluntary contributions scheme and which fall to be returned to him in consequence of any such limit as is mentioned in subsection (2)(b);
> - “tax-exemption” and “tax-approval” have the meaning given by Article 2(2) of the Social Security (Northern Ireland) Order 1986;
> - “voluntary contributions”, in relation to any member of a judicial pension scheme, means voluntary contributions towards the provision of additional benefits, whether under that scheme or otherwise;
> - “voluntary contributions scheme” means any occupational pension scheme if and to the extent that it is a scheme under which such additional benefits as are mentioned in subsection (1) are, or are to be, provided;
> - “*administrators*”, in relation to any scheme, means the persons entrusted with the administration of that scheme;
> - “*aggregable benefits*” means—
> 1. any pensions or other benefits under a judicial pension scheme, other than such additional benefits as are mentioned in subsection (1);
> 2. such additional benefits so mentioned as may be prescribed; and
> 3. such retained benefits as may be prescribed;
> - “*authorised provider*”, in relation to the investment of any sums paid by way of voluntary contributions or the provision of any benefit, means a person who is authorised under Chapter III of Part I of the Financial Services Act 1986 to invest those sums or, as the case may be, to provide that benefit;
> - “*employment*” has the same meaning as it has in the Social Security Pensions (Northern Ireland) Order 1975 (and accordingly includes employment as a self-employed earner, within the meaning of that Order);
> - “*judicial pension scheme*” means a scheme constituted by this Act;
> - “*member*” means member of a judicial pension scheme;
> - “*occupational pension scheme*” has the meaning given by Article 2(2) of the Social Security Pensions (Northern Ireland) Order 1975;
> - “*personal pension scheme*” has the meaning given by Article 2(2) of the Social Security (Northern Ireland) Order 1986;
> - “*prescribed*” means specified in, or determined in accordance with, the regulations;
> - “*relevant benefits*” has the meaning given by section 612(1) of the Income and Corporation Taxes Act 1988;
> - “*retained benefits*”, in the case of any person, means any rights retained by him to relevant benefits under any occupational or personal pension scheme which has, or which may be expected to qualify for, tax-exemption or tax-approval, being rights which accrued during some previous employment;
> - “*surplus funds*”, in relation to a person and any voluntary contributions scheme, means any funds which are, or have been, held for the purposes of that voluntary contributions scheme and which fall to be returned to him in consequence of any such limit as is mentioned in subsection (2)(b);
> - “*tax-exemption*” and “*tax-approval*” have the meaning given by Article 2(2) of the Social Security (Northern Ireland) Order 1986;
> - “*voluntary contributions*”, in relation to any member of a judicial pension scheme, means voluntary contributions towards the provision of additional benefits, whether under that scheme or otherwise;
> - “*voluntary contributions scheme*” means any occupational pension scheme if and to the extent that it is a scheme under which such additional benefits as are mentioned in subsection (1) are, or are to be, provided;
> and, where a person’s voluntary contributions are made by deduction from salary, any reference to payment of, or by way of, voluntary contributions shall be taken to include a reference to the making of voluntary contributions by deduction or, as the case may require, to any voluntary contributions so made.
> (8) Without prejudice to subsections (3)(c) and (d) and (4A), there may be paid out of money provided by the Parliament of the United Kingdom—
> (a) any sums required for or in connection with the operation or administration of any prescribed voluntary contributions scheme; or
@@ -1739,10 +1762,10 @@
For section 13 of the Superannuation Act 1972 (pension provision for the Comptroller and Auditor General) there shall be substituted—
> (13)
> (1) A person who first holds office on or after the appointed day as the Comptroller and Auditor General (in this section referred to as “the Comptroller”) shall be entitled, if he was a member of a judicial pension scheme immediately before he first holds that office, to elect between—
> (a) the scheme of pensions and other benefits under that judicial pension scheme (his “former scheme”);
> (b) (if different from his former scheme) the scheme of pensions and other benefits constituted by Part I of the 1993 Act (“the 1993 scheme”); and
> (c) the scheme of pensions and other benefits applicable under section 1 of this Act to the civil service of the State (“the civil service scheme”);
> (1) A person who first holds office on or after the appointed day as the Comptroller and Auditor General (in this section referred to as “*the Comptroller*”) shall be entitled, if he was a member of a judicial pension scheme immediately before he first holds that office, to elect between—
> (a) the scheme of pensions and other benefits under that judicial pension scheme (his “*former scheme*”);
> (b) (if different from his former scheme) the scheme of pensions and other benefits constituted by Part I of the 1993 Act (“*the 1993 scheme*”); and
> (c) the scheme of pensions and other benefits applicable under section 1 of this Act to the civil service of the State (“*the civil service scheme*”);
> and, if he is not entitled to make an election under this subsection, or if he is so entitled but fails to make such an election, he shall be treated as if he had been so entitled and had elected for the civil service scheme.
> (2) If a person who held the office of Comptroller before the appointed day has made an election under the former enactments for the old judicial scheme, he shall be entitled to make an election under this subsection between—
> (a) the old judicial scheme; and
@@ -1784,12 +1807,14 @@
> (13) Any statutory instrument made by virtue of this section shall be subject to annulment in pursuance of a resolution of the House of Commons.
> (14) Any pension or other benefit granted by virtue of this section shall be charged on, and issued out of, the Consolidated Fund.
> (15) In this section—
> - “the 1981 Act” means the Judicial Pensions Act 1981;
> - “the 1993 Act” means the Judicial Pensions and Retirement Act 1993;
> - “the appointed day” means the day on which Part I of Schedule 4 to the 1993 Act comes into force;
> - “the former enactments” means section 13 of this Act, as it had effect from time to time before the appointed day;
> - “judicial pension scheme” means any public service pension scheme, as defined in— section 66(1) of the Social Security Pensions Act 1975, or Article 2(2) of the Social Security Pensions (Northern Ireland) Order 1975, under which pensions and other benefits are payable in respect of service in one or more qualifying judicial offices, within the meaning of the 1993 Act, but does not include the civil service scheme;
> - “the old judicial scheme” means the statutory scheme of pensions and other benefits applicable under or by virtue of the 1981 Act to the judicial offices listed in section 1 of that Act.
> - “*the 1981 Act*” means the Judicial Pensions Act 1981;
> - “*the 1993 Act*” means the Judicial Pensions and Retirement Act 1993;
> - “*the appointed day*” means the day on which Part I of Schedule 4 to the 1993 Act comes into force;
> - “*the former enactments*” means section 13 of this Act, as it had effect from time to time before the appointed day;
> - “*judicial pension scheme*” means any public service pension scheme, as defined in—
> 1. section 66(1) of the Social Security Pensions Act 1975, or
> 2. Article 2(2) of the Social Security Pensions (Northern Ireland) Order 1975,
> - “*the old judicial scheme*” means the statutory scheme of pensions and other benefits applicable under or by virtue of the 1981 Act to the judicial offices listed in section 1 of that Act.
## Part II — The Parliamentary Commissioner for Administration
@@ -1799,9 +1824,9 @@
> **SCHEDULE 1**
> (1) A person who first holds office as the Commissioner on or after the appointed day shall be entitled, if he was a member of a judicial pension scheme immediately before he first holds that office, to elect between—
> (a) the scheme of pensions and other benefits under that judicial pension scheme (his “former scheme”);
> (b) (if different from his former scheme) the scheme of pensions and other benefits constituted by Part I of the 1993 Act (“the 1993 scheme”); and
> (c) the scheme of pensions and other benefits applicable under section 1 of the Superannuation Act 1972 to the civil service of the State (“the civil service scheme”);
> (a) the scheme of pensions and other benefits under that judicial pension scheme (his “*former scheme*”);
> (b) (if different from his former scheme) the scheme of pensions and other benefits constituted by Part I of the 1993 Act (“*the 1993 scheme*”); and
> (c) the scheme of pensions and other benefits applicable under section 1 of the Superannuation Act 1972 to the civil service of the State (“*the civil service scheme*”);
> and, if he is not entitled to make an election under this paragraph, or if he is so entitled but fails to make such an election, he shall be treated as if he had been so entitled and had elected for the civil service scheme.
> (2)
> (1) If a person who held the office of Commissioner before the appointed day has made an election under the former enactments for the old judicial scheme, he shall be entitled to make an election under this sub-paragraph between—
@@ -1846,12 +1871,14 @@
> (4) Any statutory instrument made by virtue of this Schedule shall be subject to annulment in pursuance of a resolution of the House of Commons.
> (9) Any pension or other benefit granted by virtue of this Schedule shall be charged on, and issued out of, the Consolidated Fund.
> (10) In this Schedule—
> - “the 1981 Act” means the Judicial Pensions Act 1981;
> - “the 1993 Act” means the Judicial Pensions and Retirement Act 1993;
> - “the appointed day” means the day on which Part II of Schedule 4 to the 1993 Act comes into force;
> - “the former enactments” means Schedule 1 to this Act, as it had effect from time to time before the appointed day;
> - “judicial pension scheme” means any public service pension scheme, as defined in— section 66(1) of the Social Security Pensions Act 1975, or Article 2(2) of the Social Security Pensions (Northern Ireland) Order 1975, under which pensions and other benefits are payable in respect of service in one or more qualifying judicial offices, within the meaning of the 1993 Act, but does not include the civil service scheme;
> - “the old judicial scheme” means the statutory scheme of pensions and other benefits applicable under or by virtue of the 1981 Act to the judicial offices listed in section 1 of that Act.
> - “*the 1981 Act*” means the Judicial Pensions Act 1981;
> - “*the 1993 Act*” means the Judicial Pensions and Retirement Act 1993;
> - “*the appointed day*” means the day on which Part II of Schedule 4 to the 1993 Act comes into force;
> - “*the former enactments*” means Schedule 1 to this Act, as it had effect from time to time before the appointed day;
> - “*judicial pension scheme*” means any public service pension scheme, as defined in—
> 1. section 66(1) of the Social Security Pensions Act 1975, or
> 2. Article 2(2) of the Social Security Pensions (Northern Ireland) Order 1975,
> - “*the old judicial scheme*” means the statutory scheme of pensions and other benefits applicable under or by virtue of the 1981 Act to the judicial offices listed in section 1 of that Act.
## Part III — The Health Service Commissioners
@@ -1861,15 +1888,15 @@
- (1) Section 107 of the National Health Service Act 1977 (which makes provision with respect to the salaries and pensions of the Health Service Commissioners for England and for Wales) shall be amended in accordance with the following provisions of this paragraph.
- (2) In subsection (2) (which applies Schedule 1 to the Parliamentary Commissioner Act 1967 in relation to persons who have held office as a Health Service Commissioner) for the words “who have held office”, in both places where they occur, there shall be substituted the words “who hold, or have held, office”.
- (2) In subsection (2) (which applies Schedule 1 to the Parliamentary Commissioner Act 1967 in relation to persons who have held office as a Health Service Commissioner) for the words “who have held office”, in both places where they occur, there shall be substituted the words “ who hold, or have held, office ”.
- (3) In subsection (6) (persons not to make simultaneously different elections in pursuance of paragraph 1 of that Schedule in respect of different offices)—
- (a) in paragraph (a), after the words “paragraph 1” there shall be inserted the words “or 2”; and
- (b) in paragraph (b), for the words “that paragraph” there shall be substituted the words “either of those paragraphs”.
- (4) In subsection (7) (which, among other things, provides for different regulations to be made under paragraph 4 of that Schedule in relation to different offices) for the words “paragraph 4” there shall be substituted the words “paragraph 8”.
- (a) in paragraph (a), after the words “paragraph 1” there shall be inserted the words “ or 2 ”; and
- (b) in paragraph (b), for the words “that paragraph” there shall be substituted the words “ either of those paragraphs ”.
- (4) In subsection (7) (which, among other things, provides for different regulations to be made under paragraph 4 of that Schedule in relation to different offices) for the words “paragraph 4” there shall be substituted the words “ paragraph 8 ”.
- (5) The amendments made by sub-paragraphs (2) to (4) above have effect only in relation to Schedule 1 to the Parliamentary Commissioner Act 1967, as substituted by Part II above; and accordingly in any case where—
@@ -1885,15 +1912,15 @@
- (1) Section 91 of the National Health Service (Scotland) Act 1978 (which makes provision with respect to the salary and pension of the Health Service Commissioner for Scotland) shall be amended in accordance with the following provisions of this paragraph.
- (2) In subsection (2) (which applies Schedule 1 to the Parliamentary Commissioner Act 1967 in relation to persons who have held office as the Health Service Commissioner) for the words “who have held office”, in both places where they occur, there shall be substituted the words “who hold, or have held, office”.
- (2) In subsection (2) (which applies Schedule 1 to the Parliamentary Commissioner Act 1967 in relation to persons who have held office as the Health Service Commissioner) for the words “who have held office”, in both places where they occur, there shall be substituted the words “ who hold, or have held, office ”.
- (3) In subsection (6) (persons not to make simultaneously different elections in pursuance of paragraph 1 of that Schedule in respect of different offices)—
- (a) in paragraph (a), after the words “paragraph 1” there shall be inserted the words “or 2”; and
- (b) in paragraph (b), for the words “that paragraph” there shall be substituted the words “either of those paragraphs”.
- (4) In subsection (7) (which, among other things, provides for different regulations to be made under paragraph 4 of that Schedule in relation to different offices) for the words “paragraph 4” there shall be substituted the words “paragraph 8”.
- (a) in paragraph (a), after the words “paragraph 1” there shall be inserted the words “ or 2 ”; and
- (b) in paragraph (b), for the words “that paragraph” there shall be substituted the words “ either of those paragraphs ”.
- (4) In subsection (7) (which, among other things, provides for different regulations to be made under paragraph 4 of that Schedule in relation to different offices) for the words “paragraph 4” there shall be substituted the words “ paragraph 8 ”.
- (5) The amendments made by sub-paragraphs (2) to (4) above have effect only in relation to Schedule 1 to the Parliamentary Commissioner Act 1967, as substituted by Part II above; and accordingly in any case where—
@@ -1909,9 +1936,9 @@
- (1) The Audit (Northern Ireland) Order 1987 shall be amended in accordance with the following provisions of this paragraph.
- (2) In Article 2(2) (interpretation), in the definition of “the appointed day” after the word “means” there shall be inserted the words “(except in Article 4A)”.
- (3) In paragraph (4) of Article 4 (pension of the Comptroller and Auditor General), after the words “Northern Ireland” (where they occur for the second time) there shall be inserted the words “unless he elects under Article 4A for it to be treated otherwise”.
- (2) In Article 2(2) (interpretation), in the definition of “the appointed day” after the word “means” there shall be inserted the words “ (except in Article 4A) ”.
- (3) In paragraph (4) of Article 4 (pension of the Comptroller and Auditor General), after the words “Northern Ireland” (where they occur for the second time) there shall be inserted the words “ unless he elects under Article 4A for it to be treated otherwise ”.
- (4) After that Article there shall be inserted the following Article—
@@ -1920,9 +1947,9 @@
> (a) who first holds office on or after the appointed day as the Comptroller and Auditor General; and
> (b) who, immediately before he first holds that office, is a member of a judicial pension scheme.
> (2) A person to whom this Article applies shall be entitled to elect between—
> (a) the scheme of pensions and other benefits under the judicial pension scheme mentioned in paragraph (1)(b) (his “former scheme”);
> (b) (if different from his former scheme) the scheme of pensions and other benefits constituted by Part I of the 1993 Act (“the 1993 scheme”); and
> (c) the scheme of pensions and other benefits applicable under the Superannuation (Northern Ireland) Order 1972 to the civil service of Northern Ireland (“the civil service scheme”);
> (a) the scheme of pensions and other benefits under the judicial pension scheme mentioned in paragraph (1)(b) (his “*former scheme*”);
> (b) (if different from his former scheme) the scheme of pensions and other benefits constituted by Part I of the 1993 Act (“*the 1993 scheme*”); and
> (c) the scheme of pensions and other benefits applicable under the Superannuation (Northern Ireland) Order 1972 to the civil service of Northern Ireland (“*the civil service scheme*”);
> and, if he fails to make an election under this paragraph, he shall be treated as if he had elected for the civil service scheme.
> (3) Where a person elects under this Article for his former scheme, that scheme shall, subject to regulations under this Article, apply as if his service as Comptroller and Auditor General were service which was subject, in his case, to that scheme.
> (4) A person who elects under paragraph (2)(b) for the 1993 scheme, shall be entitled, when he ceases to hold office as Comptroller and Auditor General, to a pension under Part I of the 1993 Act at the appropriate annual rate (within the meaning of that Act) if he has held that office for at least 5 years and either—
@@ -1954,96 +1981,21 @@
> (11) Regulations made under this Article shall be subject to annulment in like manner as a statutory instrument and section 5 of the Statutory Instruments Act 1946 shall apply accordingly.
> (12) Any pension or other benefit granted by virtue of this Article (except a pension or other benefit under the civil service scheme) shall be charged on, and issued out of, the Consolidated Fund of the United Kingdom.
> (13) In this Article—
> - “the 1993 Act” means the Judicial Pensions and Retirement Act 1993;
> - “the appointed day” means the day on which Part IV of Schedule 4 to the 1993 Act comes into force;
> - “judicial pension scheme” means any public service pension scheme, as defined in— section 66(1) of the Social Security Pensions Act 1975, or Article 2(2) of the Social Security Pensions (Northern Ireland) Order 1975, under which pensions and other benefits are payable in respect of service in one or more qualifying judicial offices, within the meaning of the 1993 Act, but does not include the civil service scheme.
> - “*the 1993 Act*” means the Judicial Pensions and Retirement Act 1993;
> - “*the appointed day*” means the day on which Part IV of Schedule 4 to the 1993 Act comes into force;
> - “*judicial pension scheme*” means any public service pension scheme, as defined in—
> 1. section 66(1) of the Social Security Pensions Act 1975, or
> 2. Article 2(2) of the Social Security Pensions (Northern Ireland) Order 1975,
## Part V — The Northern Ireland Parliamentary Commissioner for Administration and the Northern Ireland Commissioner for Complaints
##### 6
- (1) The Parliamentary Commissioner Act (Northern Ireland) 1969 shall be amended in accordance with the following provisions of this paragraph.
- (2) In subsection (3) of section 2 (power to determine the pension and other benefits payable to person who has held office as Commissioner) at the beginning there shall be inserted the words “Subject to subsections (4A) and (4B),”.
- (3) After subsection (4) of that section there shall be inserted the following subsections—
> (4A) Subsection (3) shall not apply in relation to pension and other benefits payable to or in respect of a person who first holds the office of Commissioner on or after the day appointed for the coming into force of Part V of Schedule 4 to the Judicial Pensions and Retirement Act 1993.
> (4B) The provisions of Schedule 1A shall have effect with respect to the pensions and other benefits to be paid to or in respect of persons who have held office as Commissioner.
- (4) In subsection (5) of that section, at the end there shall be added the words “or by virtue of Schedule 1A”.
- (5) In subsection (6) of that section, at the beginning there shall be inserted the words “Except insofar as Schedule 1A otherwise provides”.
- (6) Immediately before Schedule 1 there shall be inserted the following Schedule—
> **SCHEDULE 1A**
> (1) A person who first holds office as the Commissioner on or after the appointed day shall be entitled, if he was a member of a judicial pension scheme immediately before he first holds that office, to elect between—
> (a) the scheme of pensions and other benefits under that judicial pension scheme (his “former scheme”);
> (b) (if different from his former scheme) the scheme of pensions and other benefits constituted by Part I of the 1993 Act (“the 1993 scheme”); and
> (c) the scheme of pensions and other benefits applicable under Article 3 of the Superannuation (Northern Ireland) Order 1972 to the civil service of Northern Ireland (“the civil service scheme”);
> and, if he is not entitled to make an election under this paragraph, or if he is so entitled but fails to make such an election, he shall be treated as if he had been so entitled and had elected for the civil service scheme.
> (2) If a person who held the office of Commissioner before the appointed day has made an election under the former enactment for the old judicial scheme, he shall be entitled to make an election under this sub-paragraph between—
> (a) the old judicial scheme; and
> (b) the 1993 scheme;
> and, if he fails to make an election under this sub-paragraph, he shall be taken to have elected for the old judicial scheme.
> (3) Where a person elects under this Schedule for his former scheme, that scheme shall, subject to regulations under this Schedule, apply as if his service as Commissioner were service which was subject, in his case, to that scheme.
> (4)
> (1) A person who elects under paragraph 1(b) or 2(b) for the 1993 scheme, shall be entitled, when he ceases to hold office as Commissioner, to a pension under Part I of the 1993 Act at the appropriate annual rate (within the meaning of that Act) if he has held that office for at least 5 years and either—
> (a) he has attained the age of 65; or
> (b) he is disabled by permanent infirmity for the performance of the duties of the office;
> and, subject to the following provisions of, and regulations under, this Schedule, the provisions of Part I of that Act (other than sections 1(1) to (4) and 2) and of sections 19, 20 and 23 of, and Schedule 2 to, that Act (which provide for benefits in respect of earnings in excess of pension-capped salary, appeals and transfer of accrued rights) shall apply in relation to him and his service in the office of Commissioner as they apply in relation to a person to whom Part I of that Act applies.
> (2) Subject to regulations under this Schedule, in the application of provisions of the 1993 Act by virtue of sub-paragraph (1), a person who elects for the 1993 scheme shall be treated—
> (a) as if the office of Commissioner were a qualifying judicial office (within the meaning of that Act) by virtue of inclusion among the offices specified in Part I of Schedule 1 to that Act;
> (b) as if his election under this Schedule were an election such as is mentioned in paragraph (d) of section 1(1) of that Act (so that, in particular, section 12 of that Act, which provides for the transfer of accrued rights into the scheme, applies);
> (c) as if his pension by virtue of this Schedule were a pension under section 2 of that Act (and, accordingly, a judicial pension, within the meaning of that Act); and
> (d) for the purpose of determining, in the event of his death, the rate of any surviving spouse’s or children’s pension payable under sections 5 to 8 of that Act in respect of his service as Commissioner, as if references in those sections to the annual rate of the deceased’s judicial pension were references—
> (i) where a pension had commenced to be paid to him by virtue of sub-paragraph (1), to the appropriate annual rate of that pension; or
> (ii) where no such pension had commenced to be paid to him, to the rate that would have been the appropriate annual rate of the pension payable to him by virtue of sub-paragraph (1)(b), had he not died, but been disabled by permanent infirmity for the performance of the duties of his office on and after the date of death;
> and, in the application of that Act to the Commissioner (whether by virtue of paragraph 1(a) or (b) or 2(b)) the references to the appropriate Minister in sections 13 (election for personal pension), 19 (benefits in respect of earnings in excess of pension-capped salary) and 20 (appeals) of, and Schedule 2 (transfer of accrued rights) to, that Act shall be taken as references to the Treasury and the power conferred by paragraph 2 of that Schedule to make regulations shall be exercisable by the Treasury.
> (5) Where a person elects under this Schedule for the civil service scheme, the principal civil service pension scheme within the meaning of Article 4 of the Superannuation (Northern Ireland) Order 1972 and for the time being in force shall apply as if his service as Commissioner were service in employment in the civil service of Northern Ireland.
> (6) Where a person elects under this Schedule for the old judicial scheme, that scheme and the former enactment shall continue to have effect in relation to him and his service in the office of Commissioner.
> (7) Any power to make an election under this Schedule shall be exercisable within such time and in such manner as may be prescribed in regulations under this Schedule.
> (8)
> (1) The Treasury may make regulations for purposes supplementary to the other provisions of this Schedule.
> (2) Any such regulations may, without prejudice to section 38 of the Superannuation Act (Northern Ireland) 1967 or section 39A of the Superannuation Act 1965 (employment in more than one public office), make special provision with respect to the pensions and other benefits payable to or in respect of a person to whom—
> (a) his former scheme,
> (b) the 1993 scheme,
> (c) the civil service scheme, or
> (d) the old judicial scheme,
> applies, or has applied, in respect of any service other than service as Commissioner.
> (3) The provision that may be made by virtue of sub-paragraph (2) includes provision—
> (a) for aggregating—
> (i) other service falling within his former scheme, the 1993 scheme or the old judicial scheme with service as Commissioner, or
> (ii) service as Commissioner with such other service,
> for the purpose of determining qualification for, or entitlement to, or the amount of, benefit under the scheme in question;
> (b) for increasing the amount of the benefit payable under any of the schemes mentioned in paragraph (a)(i), in the case of a person to whom that scheme applied in respect of an office held by him before appointment as Commissioner, up to the amount that would have been payable under that scheme if he had retired from that office on the ground of permanent infirmity immediately before his appointment.
> (4) Regulations made under this Schedule shall be subject to annulment in like manner as a statutory instrument and section 5 of the Statutory Instruments Act 1946 shall apply accordingly.
> (9) Any pension or other benefit granted by virtue of this Schedule (except a pension or other benefit under the civil service scheme or the old judicial scheme) shall be charged on, and issued out of, the Consolidated Fund of the United Kingdom.
> (10) In this Schedule—
> - “the 1993 Act” means the Judicial Pensions and Retirement Act 1993;
> - “the appointed day” means the day on which Part V of Schedule 4 to the 1993 Act comes into force;
> - “the former enactment” means the Parliamentary Commissioner and Commissioner for Complaints (Pension) Order (Northern Ireland) 1973 as it had effect from time to time before the appointed day;
> - “judicial pension scheme” means any public service pension scheme, as defined in— section 66(1) of the Social Security Pensions Act 1975, or Article 2(2) of the Social Security Pensions (Northern Ireland) Order 1975, under which pensions and other benefits are payable in respect of service in one or more qualifying judicial offices, within the meaning of the 1993 Act, but does not include the civil service scheme;
> - “the old judicial scheme” means the scheme of pensions and other benefits set out in Part II of the Parliamentary Commissioner and Commissioner for Complaints (Pension) Order (Northern Ireland) 1973.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 7
- (1) The Commissioner for Complaints Act (Northern Ireland) 1969 shall be amended in accordance with the following provisions of this paragraph.
- (2) In subsection (2) of section 2 (remuneration), at the end there shall be added the words “or payable by virtue of Schedule 1A”.
- (3) In subsection (3) of that section, at the beginning there shall be inserted “Except insofar as Schedule 1A otherwise provides”.
- (4) After that subsection there shall be added—
> (4) The provisions of Schedule 1A shall have effect with respect to the pensions and other benefits to be paid to or in respect of persons who have held office as Commissioner.
- (5) After subsection (1) of section 13 (power to make provision by order) there shall be inserted the following subsection—
> (1A) Paragraph (c) of subsection (1) shall not apply in relation to pension and other benefits payable to or in respect of a person who first holds the office of Commissioner on or after the day appointed for the coming into force of Part V of Schedule 4 to the Judicial Pensions and Retirement Act 1993.
- (6) Immediately before Schedule 1 there shall be inserted as Schedule 1A the Schedule set out in paragraph 6(6) above.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
## SCHEDULE 5
@@ -2053,9 +2005,9 @@
##### 1
- (1) At the end of section 3 of the Appellate Jurisdiction Act 1887 (Judicial Committee of the Privy Council to include such members of the Privy Council as are holding or have held high judicial office) there shall be added the words “but no person shall be a member of that Committee by virtue of this section at any time after the day on which he attains the age of seventy-five years unless he is for the time being the Lord Chancellor of Great Britain.”
- (2) At the end of section 1 of the Judicial Committee Act 1881 (person holding, or who has held, the office of Lord Justice of Appeal, if a member of the Privy Council, to be a member of the Judicial Committee) there shall be added the words “but no person shall be a member of that Committee by virtue of this section at any time after the day on which he attains the age of seventy-five years.”
- (1) At the end of section 3 of the Appellate Jurisdiction Act 1887 (Judicial Committee of the Privy Council to include such members of the Privy Council as are holding or have held high judicial office) there shall be added the words “ but no person shall be a member of that Committee by virtue of this section at any time after the day on which he attains the age of seventy-five years unless he is for the time being the Lord Chancellor of Great Britain. ”
- (2) At the end of section 1 of the Judicial Committee Act 1881 (person holding, or who has held, the office of Lord Justice of Appeal, if a member of the Privy Council, to be a member of the Judicial Committee) there shall be added the words “ but no person shall be a member of that Committee by virtue of this section at any time after the day on which he attains the age of seventy-five years. ”
### Lords of Appeal
@@ -2067,13 +2019,13 @@
##### 3
In subsection (1) of section 2 of the Judicial Pensions Act 1959 (which provides that any Lord of Appeal in Ordinary, Lord Justice General, Lord Justice Clerk, Senator of the College of Justice in Scotland, Lord Chief Justice of Northern Ireland, Lord Justice of Appeal in Northern Ireland or Judge of the High Court of Justice in Northern Ireland is to vacate his office on the day on which he attains the age of 75) for the words “seventy-five” there shall be substituted the word “seventy”.
In subsection (1) of section 2 of the Judicial Pensions Act 1959 (which provides that any Lord of Appeal in Ordinary, Lord Justice General, Lord Justice Clerk, Senator of the College of Justice in Scotland, Lord Chief Justice of Northern Ireland, Lord Justice of Appeal in Northern Ireland or Judge of the High Court of Justice in Northern Ireland is to vacate his office on the day on which he attains the age of 75) for the words “seventy-five” there shall be substituted the word “ seventy ”.
### Judges of the Supreme Court
##### 4
In subsection (2) of section 11 of the Supreme Court Act 1981 (which provides that any judge of the Supreme Court, other than the Lord Chancellor, is to vacate his office no later than the day on which he attains the age of 75) for the words “seventy-five” there shall be substituted the word “seventy”.
In subsection (2) of section 11 of the Supreme Court Act 1981 (which provides that any judge of the Supreme Court, other than the Lord Chancellor, is to vacate his office no later than the day on which he attains the age of 75) for the words “seventy-five” there shall be substituted the word “ seventy ”.
### Acting and deputy judges
@@ -2087,13 +2039,13 @@
> (4A) No appointment of a person as a deputy judge of the High Court shall be such as to extend beyond the day on which he attains the age of 70, but this subsection 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 75).
- (3) In subsection (6)(b) of that section (which refers to subsection (7) of that section, relating to the completion of proceedings after retirement), for the words “subject to subsection (7)” there shall be substituted the words “subject to section 27 of the Judicial Pensions and Retirement Act 1993”.
- (3) In subsection (6)(b) of that section (which refers to subsection (7) of that section, relating to the completion of proceedings after retirement), for the words “subject to subsection (7)” there shall be substituted the words “ subject to section 27 of the Judicial Pensions and Retirement Act 1993 ”.
### Temporary Judges of the Court of Session
##### 6
- (1) In paragraph 5 of Schedule 4 to the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (appointment of temporary judges of the Court of Session) for the words “75 years” there shall be substituted the words “70 years”.
- (1) In paragraph 5 of Schedule 4 to the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (appointment of temporary judges of the Court of Session) for the words “75 years” there shall be substituted the words “ 70 years ”.
- (2) The said paragraph 5 as amended by sub-paragraph (1) above shall be numbered sub-paragraph (1) and there shall be added the following sub-paragraph—
@@ -2107,7 +2059,7 @@
- (a) the words “at any time” shall be omitted; and
- (b) at the end, there shall be added the words “at any time on or before the day on which he attains the age of seventy-five.”
- (b) at the end, there shall be added the words “ at any time on or before the day on which he attains the age of seventy-five. ”
### Circuit judges
@@ -2127,7 +2079,7 @@
##### 9
- (1) In section 21 of the Courts Act 1971, in subsection (5) (Recorder not to hold office after the end of the completed year of service in which he attains the age of 72) for the words from “the end of” onwards there shall be substituted the words “the day on which he attains the age of seventy, but this subsection 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 75).”
- (1) In section 21 of the Courts Act 1971, in subsection (5) (Recorder not to hold office after the end of the completed year of service in which he attains the age of 72) for the words from “the end of” onwards there shall be substituted the words “ the day on which he attains the age of seventy, but this subsection 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 75). ”
- (2) In section 24 of that Act (deputy Circuit judges and assistant Recorders), after subsection (1) there shall be inserted—
@@ -2159,7 +2111,7 @@
##### 12
In section 105 of the County Courts Act (Northern Ireland) 1959, for subsection (4) (which requires every judge to vacate his office at the end of the completed year of service in which he attains the age of 72, but subject to a proviso for judges who would not have completed 15 years' service) there shall be substituted—
In section 105 of the County Courts Act (Northern Ireland) 1959, for subsection (4) (which requires every judge to vacate his office at the end of the completed year of service in which he attains the age of 72, but subject to a proviso for judges who would not have completed 15 years’ service) there shall be substituted—
> (4) Every judge 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 (Lord Chancellor’s power to authorise continuance in office up to the age of 75).
@@ -2179,9 +2131,9 @@
- (2) In subsection (1) (certain Masters, Registrars and other officers of the Supreme Court to vacate office at the end of the completed year of service in which they attain the age of 72)—
- (a) after the words “Subject to the following provisions of this section” there shall be inserted the words “and to subsections (4) to (6) of section 26 of the Judicial Pensions and Retirement Act 1993 (Lord Chancellor’s power to authorise continuance in office up to the age of 75)”; and
- (b) for the words from “at the end” onwards there shall be substituted the words “on the day on which he attains the age of seventy years.”
- (a) after the words “Subject to the following provisions of this section” there shall be inserted the words “ and to subsections (4) to (6) of section 26 of the Judicial Pensions and Retirement Act 1993 (Lord Chancellor’s power to authorise continuance in office up to the age of 75) ”; and
- (b) for the words from “at the end” onwards there shall be substituted the words “ on the day on which he attains the age of seventy years. ”
- (3) In subsection (2B) (offices to which subsection (2A) applies) the words “and the office of Queen’s Coroner and Attorney and Master of the Crown Office and Registrar of Criminal Appeals” shall be omitted.
@@ -2194,7 +2146,7 @@
- (6) Subsection (3) (which contains power to continue a person’s appointment to an office to which subsection (1) applies up to the age of 75 and which is superseded by section 26(4) to (6) of this Act) shall cease to have effect.
- (7) In subsection (4) (offices to which subsection (1) or (2A) applies to be held during good behaviour) for the words “or (2A)” there shall be substituted the words “, (2A) or (2D)”.
- (7) In subsection (4) (offices to which subsection (1) or (2A) applies to be held during good behaviour) for the words “or (2A)” there shall be substituted the words “ , (2A) or (2D) ”.
### Deputy and temporary officers of the Supreme Court
@@ -2206,7 +2158,7 @@
##### 16
In section 102 of the Supreme Court Act 1981, at the end of subsection (3) (which permits certain appointments as a deputy district judge of a district registry of the High Court to be made, notwithstanding that the person would be disqualified by age from holding the office in question) there shall be added the words “; but no appointment by virtue of this subsection shall be such as to extend beyond the day on which the person in question attains the age of seventy-five years.”
In section 102 of the Supreme Court Act 1981, at the end of subsection (3) (which permits certain appointments as a deputy district judge of a district registry of the High Court to be made, notwithstanding that the person would be disqualified by age from holding the office in question) there shall be added the words “ ; but no appointment by virtue of this subsection shall be such as to extend beyond the day on which the person in question attains the age of seventy-five years. ”
### District judges and deputy district judges of county courts
@@ -2239,29 +2191,13 @@
##### 19
- (1) Section 14 of the Justices of the Peace Act 1979 (retirement of stipendiary magistrates) shall be amended in accordance with the following provisions of this paragraph.
- (2) At the beginning of that section there shall be inserted—
> (1A) A stipendiary magistrate appointed after the coming into force of section 26 of the Judicial Pensions and Retirement Act 1993 shall vacate his office on the day on which he attains the age of 70.
- (3) In subsection (1) (persons appointed on or after 25th October 1968)—
- (a) after the words “25th October 1968” there shall be inserted the words “and before the coming into force of section 26 of the Judicial Pensions and Retirement Act 1993”; and
- (b) the proviso (which provides that the Lord Chancellor may authorise a person to continue in office up to the age of 72 and which is superseded by section 26(4) to (6) of this Act) shall cease to have effect.
- (4) Subsection (2) (which relates to appointments before 25th October 1968 and which is spent) shall be omitted.
- (5) At the end of that section there shall be added—
> (3) Subsections (1A) and (1) above are 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 75).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Resident Magistrates in Northern Ireland
##### 20
For section 1 of the Resident Magistrates' Pensions Act (Northern Ireland) 1960 (Resident Magistrate to vacate office at the end of the completed year of service in which he attains the age of 70, but with power to continue in office up to the age of 72) there shall be substituted—
For section 1 of the Resident Magistrates’ Pensions Act (Northern Ireland) 1960 (Resident Magistrate to vacate office at the end of the completed year of service in which he attains the age of 70, but with power to continue in office up to the age of 72) there shall be substituted—
> (1) Every resident magistrate (whether appointed before or after the passing of this Act) shall vacate his office on the day on which he attains the age of seventy; but this section 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 75).
@@ -2269,67 +2205,49 @@
##### 21
- (1) Paragraph 1 of Schedule 2 to the Social Security Administration Act 1992 (tenure of office as Commissioner, President or full-time chairman) shall be amended in accordance with the following provisions of this paragraph.
- (2) In sub-paragraph (2) (which requires such a person to vacate office at the end of the completed year of service in which he attains the age of 72) for the words from “at the end of” onwards there shall be substituted the words “on the day on which they attain the age of 70, but 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).”
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Social security: Commissioners, and the President and chairmen of appeal tribunals in Northern Ireland
##### 22
- (1) Paragraph 1 of Schedule 2 to the Social Security Administration (Northern Ireland) Act 1992 (tenure of office as Commissioner, President or full-time chairman) shall be amended in accordance with the following provisions of this paragraph.
- (2) In sub-paragraph (2) (which requires such a person to vacate office at the end of the completed year of service in which he attains the age of 72) for the words from “at the end of” onwards there shall be substituted the words “ on the day on which they attain the age of 70, but 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). ”
- (3) Sub-paragraph (3) (which contains power to continue such a person’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.
- (4) In sub-paragraph (5) (consultation with Lord Advocate before exercising powers under sub-paragraph (3) or (4)) the words “(3) or” shall be omitted.
- (5) In sub-paragraph (6) (sub-paragraph (2) or (3) not to apply in relation to deputy Commissioners) the words “or (3)” shall be omitted.
- (6) In sub-paragraph (7) (which provides that nothing in sub-paragraph (2) or (4) applies to a Commissioner appointed before 23rd May 1980) the words “(2) or” (which are of no further practical utility) shall be omitted.
### Social security: Commissioners, and the President and chairmen of appeal tribunals in Northern Ireland
##### 22
- (1) Paragraph 1 of Schedule 2 to the Social Security Administration (Northern Ireland) Act 1992 (tenure of office as Commissioner, President or full-time chairman) shall be amended in accordance with the following provisions of this paragraph.
- (2) In sub-paragraph (2) (which requires such a person to vacate office at the end of the completed year of service in which he attains the age of 72) for the words from “at the end of” onwards there shall be substituted the words “on the day on which they attain the age of 70, but 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).”
- (3) Sub-paragraph (3) (which contains power to continue such a person’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.
- (4) In sub-paragraph (6) (sub-paragraph (2) or (3) not to apply in relation to deputy Commissioners) the words “or (3)” shall be omitted.
### Child support: Commissioners and chairmen of appeal tribunals
##### 23
- (1) In Schedule 3 to the Child Support Act 1991 (child support appeal tribunals), in paragraph 4—
- (a) in sub-paragraph (3) (chairman of child support appeal tribunals to retire at the end of the completed year of service in which he reaches the age of 72) for the words from “at the end” to the end of that sub-paragraph there shall be substituted the words “on the date on which he reaches the age of 70; 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 75)”; and
- (b) sub-paragraph (4) (which contains power to continue a chairman’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.
- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) In Schedule 4 to that Act (Child Support Commissioners), in paragraph 1—
- (a) in sub-paragraph (1) (Child Support Commissioner to retire at the end of the completed year of service in which he reaches the age of 72) for the words from “at the end” to the end of that sub-paragraph there shall be substituted the words “on the date on which he reaches the age of 70; 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 75)”; and
- (a) in sub-paragraph (1) (Child Support Commissioner to retire at the end of the completed year of service in which he reaches the age of 72) for the words from “at the end” to the end of that sub-paragraph there shall be substituted the words “ on the date on which he reaches the age of 70; 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 75) ”; and
- (b) sub-paragraph (2) (which contains power to continue a Commissioner’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.
- (3) In paragraph 4 of that Schedule (deputy Child Support Commissioners) at the beginning of paragraph (b) of sub-paragraph (2) there shall be inserted the words “Subject to sub-paragraph (2A)”, and after that sub-paragraph there shall be inserted—
- (3) In paragraph 4 of that Schedule (deputy Child Support Commissioners) at the beginning of paragraph (b) of sub-paragraph (2) there shall be inserted the words “ Subject to sub-paragraph (2A) ”, and after that sub-paragraph there shall be inserted—
> (2A) No appointment of a person to be a deputy Child Support Commissioner shall be such as to extend beyond the date on which he reaches the age of 70; 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 75).
- (4) In paragraph 7 of that Schedule (Lord Chancellor to consult the Lord Advocate before exercising certain powers under the Schedule) for the words “paragraph 1(2) or (3)” there shall be substituted the words “paragraph 1(3)”.
- (4) In paragraph 7 of that Schedule (Lord Chancellor to consult the Lord Advocate before exercising certain powers under the Schedule) for the words “paragraph 1(2) or (3)” there shall be substituted the words “ paragraph 1(3) ”.
### Chairmen of child support appeal tribunals in Northern Ireland
##### 24
In Schedule 3 to the Child Support (Northern Ireland) Order 1991 (child support appeal tribunals), in paragraph 4—
- (a) in sub-paragraph (3) (chairman of child support appeal tribunals to retire at the end of the completed year of service in which he reaches the age of 72) for the words from “at the end” to the end of that sub-paragraph there shall be substituted the words “on the date on which he reaches the age of 70; 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 75)”; and
- (b) sub-paragraph (4) (which contains power to continue such a chairman’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.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Chairman of the Foreign Compensation Commission
##### 25
In section 1 of the Foreign Compensation Act 1950 (constitution of the Foreign Compensation Commission), at the beginning of subsection (3) there shall be inserted the words “Subject, in the case of the chairman, to subsection (3A) of this section,” and after that subsection there shall be inserted—
In section 1 of the Foreign Compensation Act 1950 (constitution of the Foreign Compensation Commission), at the beginning of subsection (3) there shall be inserted the words “ Subject, in the case of the chairman, to subsection (3A) of this section, ” and after that subsection there shall be inserted—
> (3A) The chairman of the Commission 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).
@@ -2341,27 +2259,27 @@
> (1A) A Commons Commissioner 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 of Lord Chancellor to authorise continuance in office up to the age of seventy-five years).
### President and chairmen of industrial tribunals
### President and chairmen of employment tribunals
##### 27
- (1) The Industrial Tribunals (England and Wales) Regulations 1965 shall be amended in accordance with sub-paragraphs (2) and (3) below.
- (2) For regulation 3(2) (which requires the President of Industrial Tribunals (England and Wales) to vacate office at the end of the completed year of service in which he attains the age of 72) there shall be substituted—
- (1) The Employment Tribunals(England and Wales) Regulations 1965 shall be amended in accordance with sub-paragraphs (2) and (3) below.
- (2) For regulation 3(2) (which requires the President of the Employment Tribunals (England and Wales)to vacate office at the end of the completed year of service in which he attains the age of 72) there shall be substituted—
> (2) The President shall vacate his office on the day on which he attains the age of seventy years, but 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 75).
- (3) In regulation 5, at the beginning of paragraph (5) (terms of membership of panels) there shall be inserted the words “Subject to paragraph (6)” and after that paragraph there shall be inserted—
- (3) In regulation 5, at the beginning of paragraph (5) (terms of membership of panels) there shall be inserted the words “ Subject to paragraph (6) ” and after that paragraph there shall be inserted—
> (6) A member of a panel of chairmen appointed under paragraph (2) shall vacate his office on the day on which he attains the age of seventy years, but 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 75).
- (4) The Industrial Tribunals (Scotland) Regulations 1965 shall be amended in accordance with sub-paragraphs (5) and (6) below.
- (5) For regulation 3(2) (which requires the President of Industrial Tribunals (Scotland) to vacate office at the end of the completed year of service in which he attains the age of 72) there shall be substituted—
- (4) The employment tribunals(Scotland) Regulations 1965 shall be amended in accordance with sub-paragraphs (5) and (6) below.
- (5) For regulation 3(2) (which requires the President of the Employment Tribunals (Scotland)to vacate office at the end of the completed year of service in which he attains the age of 72) there shall be substituted—
> (2) The President shall vacate office on the day on which he attains the age of seventy years, but 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).
- (6) In regulation 5, at the beginning of paragraph (5) (terms of membership of panels) there shall be inserted the words “Subject to paragraph (6)” and after that paragraph there shall be inserted—
- (6) In regulation 5, at the beginning of paragraph (5) (terms of membership of panels) there shall be inserted the words “ Subject to paragraph (6) ” and after that paragraph there shall be inserted—
> (6) A member of a panel of chairmen appointed under paragraph (2) shall vacate his office on the day on which he attains the age of seventy years, but 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).
@@ -2369,9 +2287,9 @@
##### 28
- (1) In subsection (3) of section 3 of the Fair Employment (Northern Ireland) Act 1989 (which requires the President and Vice President of the Industrial Tribunals and the Fair Employment Tribunal each to vacate his office at the end of the completed year of service in which he attains the age of 72), for the words from “at the end of” onwards there shall be substituted the words “on the day on which he attains the age of 70, but subject to subsection (4) below and 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 75)”.
- (2) In regulation 3 of the Industrial Tribunals Regulations (Northern Ireland) 1965 (membership of tribunals), at the beginning of paragraph (5) there shall be inserted the words “Subject to paragraph (6)” and after that paragraph there shall be inserted—
- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) In regulation 3 of the Industrial Tribunals Regulations (Northern Ireland) 1965 (membership of tribunals), at the beginning of paragraph (5) there shall be inserted the words “ Subject to paragraph (6) ” and after that paragraph there shall be inserted—
> (6) A member of a panel of chairmen appointed under paragraph (2) shall vacate his office on the day on which he attains the age of seventy years, but 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 75).
@@ -2379,7 +2297,7 @@
##### 29
In Article 91 of the Industrial Relations (Northern Ireland) Order 1992, at the beginning of paragraph (3) (terms of appointment of president and other members of the Industrial Court) there shall be inserted the words “Subject, in the case of the president, to paragraph (3A),” and after that paragraph there shall be inserted—
In Article 91 of the Industrial Relations (Northern Ireland) Order 1992, at the beginning of paragraph (3) (terms of appointment of president and other members of the Industrial Court) there shall be inserted the words “ Subject, in the case of the president, to paragraph (3A), ” and after that paragraph there shall be inserted—
> (3A) The president shall vacate his office on the day on which he attains the age of 70; but this paragraph is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993.
@@ -2387,11 +2305,7 @@
##### 30
In Schedule 11 to the Employment Protection (Consolidation) Act 1978 (which includes provision concerning the tenure of office of those members of the Employment Appeal Tribunal who are appointed under section 135(2)(c) of that Act), in paragraph 2 (which provides that such a member may by notice resign his membership), after the word “member” there shall be inserted “(a)”, and at the end of that paragraph there shall be inserted
> ; and
> (b) shall vacate his office on the day on which he attains the age of 70;
> but paragraph (b) 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).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### The Lands Tribunal and the Lands Tribunal for Scotland
@@ -2417,7 +2331,7 @@
In section 28 of the Courts-Martial (Appeals) Act 1951, in subsection (3) (Judge Advocate of the Fleet to vacate office at the end of the completed year of service in which he attains the age of 70, with a proviso for continuance in office up to the age of 72)—
- (a) for the words from “at the end” to “seventy years” there shall be substituted the words “on the day on which he attains the age of seventy years, but 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)”; and
- (a) for the words from “at the end” to “seventy years” there shall be substituted the words “ on the day on which he attains the age of seventy years, but 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) ”; and
- (b) the proviso (which is superseded by section 26(4) to (6) of this Act) shall cease to have effect.
@@ -2427,9 +2341,9 @@
In subsection (2) of section 32 of that Act (which makes similar provision for the Judge Advocate General and also provides for certain other judicial officers to vacate office at the end of the completed year of service in which they attain the age of 65, but with a proviso for continuance in office up to the age of 70)—
- (a) after the words “The Judge Advocate General shall” there shall be inserted the words “, 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),”;
- (b) for the words “at the end of the completed year of service in the course of which”, in both places where they occur, there shall be substituted the words “on the day on which”; and
- (a) after the words “The Judge Advocate General shall” there shall be inserted the words “ , 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), ”;
- (b) for the words “at the end of the completed year of service in the course of which”, in both places where they occur, there shall be substituted the words “ on the day on which ”; and
- (c) the proviso (which in relation to the Judge Advocate General is superseded by section 26(4) to (6) of this Act) shall cease to have effect.
@@ -2437,19 +2351,7 @@
##### 35
- (1) In Schedule 8 to the Value Added Tax Act 1983, in paragraph 3, for sub-paragraphs (1) and (1A) (President of Value Added Tax Tribunals to vacate office at the end of the completed year of service in which he attains the age of 72, but with power to continue his appointment up to the age of 75) there shall be substituted—
> (1) The President—
> (a) may resign his office at any time; and
> (b) shall vacate his office on the day on which he attains the age of 70;
> but paragraph (b) above 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).
- (2) In paragraph 7 of that Schedule, for sub-paragraphs (3C) and (3D) (which make similar provision in relation to a chairman of value added tax tribunals) there shall be substituted—
> (3C) A chairman of value added tax tribunals—
> (a) may resign his office at any time; and
> (b) shall vacate his office on the day on which he attains the age of 70;
> but paragraph (b) above 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).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Special, and deputy Special, Commissioners for Income Tax
@@ -2462,23 +2364,19 @@
> (b) shall vacate his office on the day on which he attains the age of seventy years;
> but paragraph (b) above 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).
- (2) In section 4A of that Act, at the end of subsection (2) (which provides that a person shall not be qualified for appointment as a deputy Special Commissioner unless he is qualified for appointment as a Special Commissioner) there shall be added the words “(and, accordingly, no appointment of a person as a deputy Special Commissioner shall be such as to extend beyond the day on which he attains the age of seventy years, but subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993)”.
- (2) In section 4A of that Act, at the end of subsection (2) (which provides that a person shall not be qualified for appointment as a deputy Special Commissioner unless he is qualified for appointment as a Special Commissioner) there shall be added the words “ (and, accordingly, no appointment of a person as a deputy Special Commissioner shall be such as to extend beyond the day on which he attains the age of seventy years, but subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993) ”.
### President or other member of the Immigration Appeal Tribunal
##### 37
In Part II of Schedule 5 to the Immigration Act 1971 (the Immigration Appeal Tribunal) in paragraph 8 (terms of appointment) 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 member of the Tribunal shall vacate his office on the day on which he attains the age of seventy, but 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).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Immigration adjudicators
##### 38
In Part I of Schedule 5 to the Immigration Act 1971 (immigration adjudicators) in paragraph 2 (terms of appointment) 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) An adjudicator shall vacate his office on the day on which he attains the age of seventy, but 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).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Pensions Appeal Tribunals
@@ -2496,7 +2394,7 @@
##### 40
In Schedule 2 to the Mental Health Act 1983 (which makes provision with respect to Mental Health Review Tribunals), at the beginning of paragraph 2 there shall be inserted the words “Subject to paragraph 2A below,” and after that paragraph there shall be inserted—
In Schedule 2 to the Mental Health Act 1983 (which makes provision with respect to Mental Health Review Tribunals), at the beginning of paragraph 2 there shall be inserted the words “ Subject to paragraph 2A below, ” and after that paragraph there shall be inserted—
> (2A) A member of a Mental Health Review Tribunal shall vacate office on 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).
@@ -2504,9 +2402,7 @@
##### 41
In Schedule 6 to the Financial Services Act 1986, in paragraph 1 (which includes provision concerning the term of office of persons appointed to the panel from which persons are nominated to serve on the Financial Services Tribunal) at the beginning of sub-paragraph (1) there shall be inserted the words “Subject to the following provisions of this paragraph,” and after sub-paragraph (2) there shall be added—
> (3) A member of the panel appointed by the Lord Chancellor 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 and advisory bodies under the Misuse of Drugs Act 1971
@@ -2528,7 +2424,7 @@
- (1) In section 3 of the Restrictive Practices Court Act 1976 (appointed members of the Restrictive Practices Court), in subsection (2)—
- (a) at the beginning, there shall be inserted the words “Subject to subsection (2A) below,”; and
- (a) at the beginning, there shall be inserted the words “ Subject to subsection (2A) below, ”; and
- (b) the words “(not less than three years)” shall cease to have effect.
@@ -2562,9 +2458,9 @@
- (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”.
- (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—
@@ -2574,7 +2470,7 @@
> (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—
- (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).
@@ -2582,7 +2478,7 @@
##### 47
In section 42 of the Aircraft and Shipbuilding Industries Act 1977, at the beginning of subsection (5) (which makes provision in relation to the terms of appointment of the members of the Aircraft and Shipbuilding Industries Arbitration Tribunal) there shall be inserted the words “Subject to subsection (5A) below,” and after that subsection there shall be inserted—
In section 42 of the Aircraft and Shipbuilding Industries Act 1977, at the beginning of subsection (5) (which makes provision in relation to the terms of appointment of the members of the Aircraft and Shipbuilding Industries Arbitration Tribunal) there shall be inserted the words “ Subject to subsection (5A) below, ” and after that subsection there shall be inserted—
> (5A) No appointment of a person to be the president of the arbitration tribunal shall be such as to extend beyond the day on which he attains the age of 70; 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).
@@ -2590,7 +2486,7 @@
##### 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—
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).
@@ -2606,7 +2502,7 @@
##### 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—
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).
@@ -2614,9 +2510,7 @@
##### 51
In Schedule 6 to the Education Act 1944 (constitution etc of Independent Schools Tribunals) at the beginning of paragraph 3 there shall be inserted the words “Subject, in the case of a member of the legal panel, to paragraph 3A below,” and after that paragraph there shall be inserted—
> (3A) No appointment of a person to be a member of the legal panel shall be such as to extend beyond the day on which he attains the age of seventy 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 seventy-five years).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### President of a tribunal constituted under Schedule 3 to the Industry Act 1975
@@ -2624,7 +2518,7 @@
- (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) 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).
@@ -2632,7 +2526,7 @@
##### 53
In regulation 26 of the National Health Service (Service Committees and Tribunal) Regulations 1974 (tenure of office of chairman of Tribunal constituted under section 46 of the National Health Service Act 1977) at the beginning of paragraph (1) there shall be inserted the words “Subject to paragraph (1A),” and after that paragraph there shall be inserted—
In regulation 26 of the National Health Service (Service Committees and Tribunal) Regulations 1974 (tenure of office of chairman of Tribunal constituted under section 46 of the National Health Service Act 1977) at the beginning of paragraph (1) there shall be inserted the words “ Subject to paragraph (1A), ” and after that paragraph there shall be inserted—
> (1A) The chairman shall vacate his office on the day on which he attains the age of 70; 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).
@@ -2640,15 +2534,13 @@
##### 54
In paragraph 1 of Schedule 4 to the Plant Varieties and Seeds Act 1964, at the beginning of sub-paragraph (2) (tenure of office of chairman of the Plant Varieties and Seeds Tribunal) there shall be inserted the words “Subject to sub-paragraph (2A) of this paragraph,” and after that sub-paragraph there shall be inserted—
> (2A) No appointment of a person to be the chairman of the Tribunal shall be such as to extend beyond the day on which he attains the age of 70; 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 75).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Chairman of a Registered Homes Tribunal
##### 55
In section 40 of the Registered Homes Act 1984, at the beginning of subsection (6) (terms of appointment of persons to the panels of chairmen and other members of Registered Homes Tribunals), there shall be inserted the words “Subject, in the case of a person appointed to the legal panel, to subsection (7) below,” and after that subsection there shall be added—
In section 40 of the Registered Homes Act 1984, at the beginning of subsection (6) (terms of appointment of persons to the panels of chairmen and other members of Registered Homes Tribunals), there shall be inserted the words “ Subject, in the case of a person appointed to the legal panel, to subsection (7) below, ” and after that subsection there shall be added—
> (7) No appointment of a person to the legal panel shall be such as to extend beyond 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).
@@ -2668,9 +2560,9 @@
- (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”.
- (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.
@@ -2687,9 +2579,7 @@
##### 59
In section 82 of the Merchant Shipping Act 1970 (appointment of wreck commissioners) after subsection (1) there shall be inserted—
> (1A) A wreck commissioner 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).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Chairman of a Reinstatement Committee
@@ -2722,29 +2612,25 @@
##### 63
In regulation 7 of the Vaccine Damage Payments Regulations 1979 (constitution etc of vaccine damage tribunals), in paragraph (1B), at the end of sub-paragraph (a) (which provides for the chairman of a vaccine damage tribunal in Northern Ireland to be appointed by the Secretary of State) there shall be added the words “but no person shall be so appointed after the day on which he attains the age of 70”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Chairman of a tribunal constituted under section 47 of the Building Societies Act 1986
##### 64
In section 47 of the Building Societies Act 1986 (tribunals to hear appeals against certain decisions of the Building Societies Commission) after subsection (3) there shall be inserted—
> (3A) A person shall not be appointed after the day on which he attains the age of 70 to be the chairman of a tribunal under this section.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Chairman of a tribunal constituted under section 28 of the Banking Act 1987
##### 65
In section 28 of the Banking Act 1987 (tribunals to hear appeals against certain decisions of the Bank of England), after subsection (3) there shall be inserted—
> (3A) A person shall not be appointed after the day on which he attains the age of 70 to be the chairman of a tribunal under this section.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Arbitrators appointed under Schedule 10 to the Electricity Act 1989
##### 66
In paragraph 9 of Schedule 10 to the Electricity Act 1989, after sub-paragraph (2) (appointment of arbitrator etc to determine third parties' claims for compensation arising out of certain transfers of property etc) there shall be added—
In paragraph 9 of Schedule 10 to the Electricity Act 1989, after sub-paragraph (2) (appointment of arbitrator etc to determine third parties’ claims for compensation arising out of certain transfers of property etc) there shall be added—
> (3) A person shall not be appointed after the day on which he attains the age of 70 to be an arbitrator or arbiter under sub-paragraph (2) above.
@@ -2752,17 +2638,13 @@
##### 67
In Schedule 3 to the Education (Schools) Act 1992 (tribunals to hear appeals in relation to the registration of school inspectors), at the end of paragraph 1 there shall be added—
> (3) A person shall not be appointed after the day on which he attains the age of 70 to be the Chairman of a tribunal.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Chairman of a tribunal constituted under section 59 of the Friendly Societies Act 1992
##### 68
In section 59 of the Friendly Societies Act 1992 (tribunal to hear appeals against certain decisions of the Friendly Societies Commission), after subsection (3) there shall be inserted—
> (3A) A person shall not be appointed after the day on which he attains the age of 70 to be the chairman of a tribunal under this section.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
## SCHEDULE 7
@@ -2772,17 +2654,17 @@
- (1) In this Schedule—
- “potential retirement date”, in relation to any office, shall be construed in accordance with paragraph 5 below;
- “re-appointment” to an office includes extension of a subsisting appointment to the office, otherwise than by the exercise of a continuation power.
- “*potential retirement date*”, in relation to any office, shall be construed in accordance with paragraph 5 below;
- “*re-appointment*” to an office includes extension of a subsisting appointment to the office, otherwise than by the exercise of a continuation power.
- (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;
and any reference in this Schedule to a person’s being “salaried” or “fee-paid” shall be construed accordingly.
- (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;
and any reference in this Schedule to a person’s being “*salaried*” or “*fee-paid*” shall be construed accordingly.
- (3) Subsection (3) of section 26 of this Act applies for the purposes of this Schedule as it applies for the purposes of that section.
@@ -2794,9 +2676,9 @@
##### 2
- (1) This paragraph applies to any person who for the time being holds, or who is seeking appointment or re-appointment to, a salaried relevant office (in this paragraph referred to as his “post-commencement office”), if—
- (a) immediately before the appointed day, he was holding that or any other salaried relevant office (in this paragraph referred to as his “pre-commencement office”);
- (1) This paragraph applies to any person who for the time being holds, or who is seeking appointment or re-appointment to, a salaried relevant office (in this paragraph referred to as his “*post-commencement office*”), if—
- (a) immediately before the appointed day, he was holding that or any other salaried relevant office (in this paragraph referred to as his “*pre-commencement office*”);
- (b) he has at all times on and after that day held some one or other salaried relevant office (whether the same office or not); and
@@ -2822,7 +2704,7 @@
- (4) If immediately before the appointed day—
- (a) a person who holds a salaried relevant office (“office A”) also holds another relevant office (“office B”), but
- (a) a person who holds a salaried relevant office (“*office A*”) also holds another relevant office (“*office B*”), but
- (b) in consequence of holding office A, he is either—
@@ -2886,9 +2768,9 @@
- (f) Chief or other Commons Commissioner;
- (g) Chairman of industrial tribunals, appointed in pursuance of regulations under section 128 of the Employment Protection (Consolidation) Act 1978;
- (h) Chairman of industrial tribunals or of the Fair Employment Tribunal, appointed in pursuance of regulations under Article 30 of the Industrial Training (Northern Ireland) Order 1984 or appointed under section 3(1)(c) of the Fair Employment (Northern Ireland) Act 1989;
- (g) Chairman of employment tribunals, appointed in pursuance of regulations under section 1(1) of the Employment Tribunals Act 1996;
- (h) Chairman of industrial tribunals or of the Fair Employment Tribunal, appointed in pursuance of regulations under Article 3 of the Industrial Tribunals (Northern Ireland) Order 1996 or appointed under Article 82(1)(c) of the Fair Employment and Treatment (Northern Ireland) Order 1998;
- (j) president of the Industrial Court appointed in pursuance of Article 91 of the Industrial Relations (Northern Ireland) Order 1992;
@@ -2926,17 +2808,17 @@
- (ii) assistant Recorder;
- (iii) chairman of social security appeal tribunals, medical appeal tribunals and disability appeal tribunals in England and Wales;
- (iv) chairman of child support appeal tribunals, in England and Wales;
- (iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (iv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (v) Chairman of the Foreign Compensation Commission;
- (vi) Commons Commissioner;
- (vii) chairman of industrial tribunals, appointed in pursuance of regulations under section 128 of the Employment Protection (Consolidation) Act 1978;
- (viii) chairman of industrial tribunals or of the Fair Employment Tribunal, appointed in pursuance of regulations under Article 30 of the Industrial Training (Northern Ireland) Order 1984 or appointed under section 3(1)(c) of the Fair Employment (Northern Ireland) Act 1989;
- (vii) chairman of employment tribunals, appointed in pursuance of regulations under section 1(1) of the Employment Tribunals Act 1996;
- (viii) chairman of industrial tribunals or of the Fair Employment Tribunal, appointed in pursuance of regulations under Article 3 of the Industrial Tribunals (Northern Ireland) Order 1996or appointed under Article 82(1)(c) of the Fair Employment and Treatment (Northern Ireland) Order 1998;
- (ix) president of the Industrial Court appointed in pursuance of Article 91 of the Industrial Relations (Northern Ireland) Order 1992;
@@ -2972,7 +2854,7 @@
- (xxv) chairman or deputy chairman of the Copyright Tribunal;
- (xxvi) chairman or deputy chairman of the Data Protection Tribunal;
- (xxvi) chairman or deputy chairman of the Information Tribunal;
- (xxvii) chairman of an Independent Schools Tribunal;
@@ -3000,7 +2882,7 @@
- (c) deputy district judge appointed under section 8 of the County Courts Act 1984, except in a case where the person in question has previously held office as a district judge for a county court district;
- (d) Deputy Resident Magistrate, appointed under the Magistrates' Courts Act (Northern Ireland) 1964;
- (d) Deputy Resident Magistrate, appointed under the Magistrates’ Courts Act (Northern Ireland) 1964;
- (e) member of an Agricultural Land Tribunal, other than chairman, deputy chairman or an assessor added to the Tribunal under paragraph 16(2) of Schedule 9 to the Agriculture Act 1947;
@@ -3008,7 +2890,7 @@
and the appropriate day in the case of an office to which this sub-paragraph applies is the last day of the completed year of service in that office in which the person attains the age of 70.
- (7) This sub-paragraph applies to the office of member of the Employment Appeal Tribunal appointed under section 135(2)(c) of the Employment Protection (Consolidation) Act 1978, as a fee-paid office; and the appropriate day in the case of an office to which this sub-paragraph applies is the 31st March next following the day on which the person attains the age of 70.
- (7) This sub-paragraph applies to the office of member of the Employment Appeal Tribunal appointed under section 22(1)(c) of the Employment Tribunals Act 1996, as a fee-paid office; and the appropriate day in the case of an office to which this sub-paragraph applies is the 31st March next following the day on which the person attains the age of 70.
## SCHEDULE 8
@@ -3028,11 +2910,11 @@
> (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
### 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—
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.
@@ -3093,21 +2975,21 @@
- (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”;
- (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”;
- (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”.
- (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.
@@ -3123,25 +3005,13 @@
##### 12
In section 59C of the Social Security Pensions Act 1975, after subsection (2) (rights of appeal to the Pensions Ombudsman on matters of fact or law) there shall be inserted—
> (2A) Subsection (2) above does not have effect in relation to any scheme constituted under or by virtue of—
> (a) the Sheriffs' Pensions (Scotland) Act 1961;
> (b) the Judicial Pensions Act 1981; or
> (c) the Judicial Pensions and Retirement Act 1993.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### The Social Security Pensions (Northern Ireland) Order 1975
##### 13
In Article 69C of the Social Security Pensions (Northern Ireland) Order 1975, after paragraph (2) (rights of appeal to the Pensions Ombudsman on matters of fact or law) there shall be inserted—
> (2A) Paragraph (2) does not have effect in relation to any scheme constituted under or by virtue of—
> (a) Part XIII of the County Courts Act (Northern Ireland) 1959;
> (b) the Resident Magistrates' Pensions Act (Northern Ireland) 1960;
> (c) Schedule 10 to the Social Security (Northern Ireland) Act 1975;
> (d) the Judicial Pensions Act 1981; or
> (e) the Judicial Pensions and Retirement Act 1993.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### The Judicature (Northern Ireland) Act 1978
@@ -3155,9 +3025,9 @@
##### 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.”
- (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—
@@ -3167,13 +3037,7 @@
##### 16
- (1) In Schedule 8 to the Value Added Tax Act 1983, in paragraph 3, after sub-paragraph (4) (remuneration, pensions, allowances and gratuities payable to or in respect of the President of Value Added Tax Tribunals) there shall be inserted—
> (4A) Sub-paragraph (4) above, so far as relating to pensions, 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.
- (2) In paragraph 7 of that Schedule, after sub-paragraph (4) (remuneration, pensions, allowances and gratuities payable to or in respect of chairmen of value added tax tribunals) there shall be inserted—
> (4A) Sub-paragraph (4) above, so far as relating to pensions, 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 County Courts Act 1984
@@ -3191,21 +3055,13 @@
##### 18
- (1) In section 12 of the Social Security Act 1986 (member’s right to make voluntary contributions) in subsection (10A) (which precludes the application of the section in relation to pensions under the 1981 Act etc) after the word “under” there shall be inserted the words “the Judicial Pensions and Retirement Act 1993,”.
- (2) In section 17 of that Act (general power to modify statutory provisions) in subsection (3) (which specifies the Acts in relation to which the power to make consequential provision under subsection (2) is exercisable) after paragraph (h) there shall be inserted—
> (j) the Judicial Pensions and Retirement Act 1993.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### The Social Security (Northern Ireland) Order 1986
##### 19
- (1) In Article 14 of the Social Security (Northern Ireland) Order 1986 (member’s right to make voluntary contributions) in paragraph (10A) (which precludes the application of the Article in relation to pensions under the 1981 Act) after the word “under” there shall be inserted the words “the Judicial Pensions and Retirement Act 1993 or”.
- (2) In Article 18 of that Order (general power to modify statutory provisions) in paragraph (3) (which specifies the provisions in relation to which the power to make consequential provision under paragraph (2) is exercisable) after paragraph (k) there shall be added—
> (l) the Judicial Pensions and Retirement Act 1993.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### The Criminal Justice Act 1988
@@ -3219,9 +3075,7 @@
##### 21
- (1) In paragraph 4 of Schedule 3 to the Child Support Act 1991, after sub-paragraph (7) (remuneration of, and pensions, allowances or gratuities for, full-time chairmen of child support appeal tribunals) there shall be added—
> (8) Sub-paragraph (7), 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.
- (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—
@@ -3231,25 +3085,19 @@
##### 22
In paragraph 4 of Schedule 3 to the Child Support (Northern Ireland) Order 1991, after sub-paragraph (7) (remuneration of, and pensions, allowances or gratuities for, full-time chairmen of child support appeal tribunals for Northern Ireland) there shall be added—
> (8) Sub-paragraph (7), 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 Social Security Administration Act 1992
##### 23
In Schedule 2 to the Social Security Administration Act 1992, paragraph 2 (remuneration, pensions, allowances and gratuities payable to or in respect of the President and full-time chairmen of social security appeal tribunals etc) shall be numbered as sub-paragraph (1) and after that sub-paragraph there shall be added—
> (2) Sub-paragraph (1) above, so far as relating to pensions, allowances and gratuities, 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 Social Security Administration (Northern Ireland) Act 1992
##### 24
In Schedule 2 to the Social Security Administration (Northern Ireland) Act 1992, paragraph 3 (remuneration, pensions, allowances and gratuities payable to or in respect of the President and full-time chairmen of social security appeal tribunals etc) shall be numbered as sub-paragraph (1) and after that sub-paragraph there shall be added—
> (2) Sub-paragraph (1) above, so far as relating to pensions, allowances and gratuities, 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.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
## SCHEDULE 9
@@ -4138,89 +3986,3 @@
[^c13970101]: [1977 c. 42](https://www.legislation.gov.uk/ukpga/1977/42).
[^c13970111]: Words in [Sch. 7 para. 5(7)](https://www.legislation.gov.uk/ukpga/1993/8/schedule/7/paragraph/5/7) substituted (E.W.S.) (22.8.1996) by [1996 c. 17](https://www.legislation.gov.uk/ukpga/1996/17), [ss. 43](https://www.legislation.gov.uk/ukpga/1996/17/section/43), [46](https://www.legislation.gov.uk/ukpga/1996/17/section/46), [Sch. 1 para. 10(4)(b)](https://www.legislation.gov.uk/ukpga/1996/17/schedule/1/paragraph/10/4/b) (with [s. 38](https://www.legislation.gov.uk/ukpga/1996/17/section/38))
#### Short title, supplementary provisions and extent.
#### Lump sum on the judicial officer’s retirement or death.
#### Transfer of rights under other public service pension schemes
#### Short title, supplementary provisions and extent.
### Contributions
##### 9A
- (1) The appropriate Minister may, by regulations made with the concurrence of the Treasury, make provision for and in connection with requiring contributions to be made towards the cost of the liability for relevant benefits.
- (2) The prescribed contributions are to be—
- (a) made by the person to or in respect of whom the relevant benefits are to be, or may be, provided;
- (b) made for the person's period of service in qualifying judicial office;
- (c) in the form of deductions from the salary payable for that service.
- (3) But no contribution is to be made by a person—
- (a) for any period of service during which an election under section 13 is in force in respect of the person;
- (b) for any period of service after the person has completed, in the aggregate, 20 years' service in qualifying judicial office;
- (c) for any other prescribed period of service;
- (d) in any prescribed circumstances.
- (4) For the purposes of subsection (3)(b), it does not matter whether the person's service in qualifying judicial office was service before or after the commencement of section 34(1) of the Pensions Act 2011 (but no contribution is to be made for a person's service before that commencement).
- (5) In this section—
- “*prescribed*” means specified in, or determined in accordance with, regulations;
- “*relevant benefits*” means—a pension under section 2;a lump sum under section 4;payments by way of pension or lump sum under section 19, so far as relating to a pension or lump sum within paragraph (a) or (b).
## PART 1A — FEE-PAID JUDGES
##### 18A
- (1) The appropriate Minister may by regulations establish a scheme for the payment of pensions and other benefits to or in respect of fee-paid judges.
- (2) The scheme may make provision for payments to or in respect of a person in relation to the person's service before the scheme is established.
- (3) No benefits are to be provided under a new public service pension scheme in relation to service in relation to which benefits are to be provided under a scheme under this section.
“*New public service pension scheme*” means a scheme under—
- (a) section 1 of the Public Service Pensions Act 2013, or
- (b) section 1 of the Public Service Pensions Act (Northern Ireland) 2014 (c. 2).
- (4) The power under section 18(5) of the Public Service Pensions Act 2013 is to include power to provide for exceptions in the case of a person who—
- (a) served as a fee-paid judge before 1 April 2012, and
- (b) has been notified by the appropriate Minister that he or she will potentially be eligible for benefits under a scheme under this section in relation to that service,
(and section 18(6) to (8) of the 2013 Act apply accordingly).
- (5) The power under section 18(5) of the Public Service Pensions Act (Northern Ireland) 2014 is to include power to provide for exceptions in the case of a person who—
- (a) served as a fee-paid judge before 1 April 2012, and
- (b) has been notified by the appropriate Minister that he or she will potentially be eligible for benefits under a scheme under this section in relation to that service,
(and section 18(7) to (9) of the 2014 Act apply accordingly).
- (6) Regulations under this section may, in particular, include provision corresponding or similar to—
- (a) any provision made by Part 1, section 20 or Schedule 2 or 2A;
- (b) any provision that may be made by regulations under Part 1, section 20 or Schedule 2 or 2A.
- (7) In this section—
- “*judge*” means a person who holds an office specified in the regulations;
- “*fee-paid judge*” means a judge whose service is remunerated by the payment of fees (as opposed to the payment of a salary).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1993-03-29
Judicial Pensions and Retirement Act 1993
original version
Text at this date