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Public Service Pensions and Judicial Offices Act 2022

Type Public General Act

Publication 2022-03-10

Last updated 2026-08-12

State In force

Department Statute Law Database

Source legislation.gov.uk

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(a) provide for a new public scheme to be treated as an occupational pension scheme, a previously contracted-out scheme or another type of occupational pension scheme for the purposes of an enactment specified or described in the regulations;

(b) provide for the enactment to apply in relation to a new public scheme subject to modifications specified in the regulations.

(3) Regulations under section 111(1) amending a new public scheme may make retrospective provision.

(4) Regulations under section 111(1) may—

(a) confer functions on the Treasury or another person;

(b) provide for a person to exercise a discretion in dealing with a matter.

(5) The Treasury may—

(a) make arrangements for a new public scheme to be administered by any person;

(b) delegate to any person a function exercisable by the Treasury under a new public scheme.

(6) In this section, a “previously contracted-out scheme” means a scheme that before 6 April 2016 was a salary related contracted-out scheme within the meaning of Part 3 of the Pension Schemes Act 1993.

Protection against adverse treatment: transfer of rights

113

(1) When making regulations under section 111 which transfer qualifying accrued rights to a new public scheme, the Treasury must ensure that the following requirements are met in respect of each person whose qualifying accrued rights are transferred—

(a) the general scheme requirement (see subsection (2)), and

(b) where the qualifying accrued rights transferred are a person’s rights or entitlements to money purchase benefits other than pensions in payment, the money purchase requirement (see subsection (3)).

(2) The general scheme requirement is that, so far as relevant to the qualifying accrued rights transferred by the regulations, the provision in the new public scheme immediately after the regulations are made is in all material respects at least as good as the provision in the BBS Pension Scheme or the NRAM Pension Scheme (as appropriate) immediately before that time.

(3) The money purchase requirement is that the value of the rights or entitlements to money purchase benefits, other than pensions in payment, that a person has under the new public scheme immediately after, and as a result of, the transfer is at least equivalent to the value of the qualifying accrued rights of the person that are transferred.

(4) The Treasury may by regulations make provision about the determination of the value of rights or entitlements for the purposes of subsection (3).

(5) Regulations under subsection (4) may, among other things—

(a) make provision about the person by whom, and the manner in which, the value of rights or entitlements is to be determined,

(b) make provision about the date or period by reference to which the value of the qualifying accrued rights transferred is to be determined (subject to subsection (6)), and

(c) make provision that applies generally or only for a specific purpose (for example, in relation to a particular transfer).

(6) Regulations under subsection (4) may not make provision for the value of the qualifying accrued rights transferred to be determined by reference to a date which falls, or a period which ends, more than three months before the transfer.

(7) Subsection (1) does not require provision to be included in a new public scheme if the Treasury is of the opinion that the provision would be incompatible with an enactment (including an enactment applying as a result of any provision made by or under this Part).

(8) Nothing in subsections (1) to (3) is to be read as—

(a) requiring particular provisions of a new public scheme to take a particular form,

(b) requiring a new public scheme to be established in a particular way,

(c) requiring any power or duty conferred or imposed by a new public scheme to be exercised or performed in a particular way, or

(d) affecting any power of any person to amend a new public scheme.

Protection against adverse treatment: amendment of new public schemes

114

(1) The Treasury may not make regulations under section 111 amending a new public scheme unless—

(a) in a case where the amendment, on coming into force, would or might adversely affect subsisting rights at that time, the consent requirements or the procedure requirements are satisfied in relation to the amendment, or

(b) in any other case, the consultation requirements are satisfied in relation to the amendment.

(2) The consent requirements are requirements specified or described in regulations made by the Treasury for the purpose of obtaining the consent of interested persons, or their representatives, to amendment of a new public scheme.

(3) The consultation requirements are requirements specified or described in regulations made by the Treasury for the purpose of consulting interested persons, or their representatives, about amendment of a new public scheme.

(4) The procedure requirements are requirements which—

(a) are specified or described in regulations made by the Treasury for steps to be taken before amending a new public scheme, and

(b) are not requirements for the purpose of obtaining the consent of, or consulting, interested persons or their representatives.

(5) In this section, “subsisting rights”, in relation to any time, means—

(a) any right to future benefits under a new public scheme which, at that time, has accrued to or in respect of a member of the scheme,

(b) any entitlement under a new public scheme to the present payment of a pension or other benefit which a member of the scheme has at that time, or

(c) any entitlement to benefits, or rights to future benefits, under a new public scheme which a survivor of a member of the scheme has at that time in respect of the member.

(6) For the purposes of the definition of “subsisting rights”—

(a) references to pensions or other benefits (including future benefits) include money purchase benefits, and

(b) references to a right include a pension credit right.

(7) In this section, “interested persons”, in relation to an amendment of a scheme, means persons who appear to the Treasury to be likely to be affected by the amendment.

Transfer of assets and liabilities

115

(1) The Treasury may by regulations provide for the transfer of assets or liabilities of the BBS Pension Scheme or the NRAM Pension Scheme to—

(a) a nominee of the Treasury, or

(b) a company established by the Treasury for the purpose of holding the assets or the liabilities pending their disposal or discharge.

(2) Regulations may be made under this section only if regulations under section 111 have been made.

(3) Regulations under this section may include provision for the making of payments into the Consolidated Fund.

Other liabilities to pay pensions

Transfer of other pensions and benefits

116

(1) The Treasury may by regulations make provision for the transfer to the Treasury of any of the following—

(a) qualifying liabilities of Bradford & Bingley Limited or NRAM Limited;

(b) qualifying liabilities of UK Asset Resolution Limited.

(2) In this Part, “qualifying liability” means a liability to pay a pension or other benefit to or in respect of a person in connection with the person’s past service as an employee or office-holder of Bradford & Bingley Limited, Northern Rock Plc or another entity, other than a liability arising under the BBS Pension Scheme or the NRAM Pension Scheme.

(3) The Treasury may by regulations provide for a relevant enactment to apply with modifications, or not to apply, to an arrangement under which a qualifying liability arises that is an occupational pension scheme.

(4) In subsection (3), “relevant enactment” means an enactment that—

(a) relates or refers to occupational pension schemes, and

(b) is specified or described in regulations under subsection (3).

(5) The Treasury may by regulations—

(a) provide for an arrangement under which a qualifying liability arises to be treated as a particular type of occupational pension scheme for the purposes of an enactment specified or described in the regulations;

(b) provide for the enactment to apply in relation to the arrangement subject to modifications specified in the regulations.

Supplementary

Taxation

117

(1) The Treasury may by regulations make provision for varying the way in which any relevant tax would, apart from the regulations, have effect in relation to—

(a) a new public scheme;

(b) members of a new public scheme;

(c) persons who have survived a member of a new public scheme and who have an entitlement to benefits, or a right to future benefits, under the scheme in respect of the member;

(d) a company within section 115(1)(b).

(2) Regulations under subsection (1) may include provision for treating a new public scheme as a registered pension scheme.

(3) The Treasury may by regulations make provision for varying the way in which any relevant tax would, apart from the regulations, have effect in relation to, or in connection with, anything done by or under, or in consequence of, regulations made under this Part in relation to—

(a) the BBS Pension Scheme;

(b) the NRAM Pension Scheme;

(d) persons who have survived a member of one of those schemes and who have an entitlement to benefits, or a right to future benefits, under the scheme in respect of the member;

(e) UK Asset Resolution Limited;

(f) persons in respect of whom there is a qualifying liability.

(4) Regulations under subsection (1) or (3) may include provision for any of the following—

(a) a tax provision not to apply or to apply with modifications;

(b) anything done to have or not to have a specified consequence for the purposes of a tax provision;

(5) Provision made by regulations under subsection (1) or (3), other than provision withdrawing a relief or charging a relevant tax, may make retrospective provision.

(6) In this section—

“relevant tax” means—income tax;capital gains tax;corporation tax;inheritance tax;stamp duty and stamp duty reserve tax;stamp duty land tax;

“registered pension scheme” has the meaning given in Part 4 of the Finance Act 2004;

“tax provision” means any provision made by or under an enactment relating to a relevant tax.

Information

118

(1) The Treasury may by regulations make provision requiring a person specified or described in the regulations to give the Treasury a document or other information specified or described in the regulations.

(2) Regulations under subsection (1) may only make provision in respect of documents or other information which the Treasury reasonably require for the purposes of—

(a) making regulations under this Part,

(b) establishing or administering a new public scheme, including transferring qualifying accrued rights to such a scheme, or

(3) Regulations under subsection (1) may, among other things, include—

(a) provision about the time when the document or other information must be given;

(b) provision about the form and manner in which it must be given;

(c) provision for the imposition of a financial penalty on a person who, without reasonable excuse, fails to comply with a requirement imposed by the regulations (including provision for appeals to a court or tribunal).

(4) For the purposes of facilitating the establishment or administration of a new public scheme, including the transfer of qualifying accrued rights to such a scheme—

(a) information described in subsection (5)(a) may be shared among persons listed in subsection (5)(b), and

(b) information described in subsection (6)(a) may be shared among persons listed in subsection (6)(b).

(5) For the purposes of subsection (4)(a)—

(a) the information is information relating to—

(i) rights or entitlements to pensions or other benefits under the BBS Pension Scheme;

(ii) the administration of the BBS Pension Scheme;

(iii) rights or entitlements to pensions or other benefits under a new public scheme, so far as they are rights or entitlements of, or in respect of, persons who were members of the BBS Pension Scheme;

(iv) the administration of a new public scheme, so far as relevant to rights or entitlements described in sub-paragraph (iii);

(b) the persons are—

(i) the Treasury;

(ii) UK Asset Resolution Limited;

(iii) a trustee of the BBS Pension Scheme;

(iv) a person who exercises functions under the BBS Pension Scheme;

(v) a person who administers, or exercises functions under, a new public scheme.

(6) For the purposes of subsection (4)(b)—

(a) the information is information relating to—

(i) rights or entitlements to pensions or other benefits under the NRAM Pension Scheme;

(ii) the administration of the NRAM Pension Scheme;

(iii) rights or entitlements to pensions or other benefits under a new public scheme, so far as they are rights or entitlements of, or in respect of, persons who were members of the NRAM Pension Scheme;

(iv) the administration of a new public scheme, so far as relevant to rights or entitlements described in sub-paragraph (iii);

(b) the persons are—

(i) the Treasury;

(ii) UK Asset Resolution Limited;

(iii) a trustee of the NRAM Pension Scheme;

(iv) a person who exercises functions under the NRAM Pension Scheme;

(v) a person who administers, or exercises functions under, a new public scheme.

(7) For the purposes of facilitating the transfer of qualifying liabilities or the administration of an arrangement under which such liabilities arise—

(a) information relating to qualifying liabilities of UK Asset Resolution Limited may be shared among persons listed in subsection (8)(a) and (b),

(b) information relating to qualifying liabilities of Bradford & Bingley Limited may be shared among persons listed in subsection (8)(a), (b) and (c), and

(c) information qualifying liabilities of NRAM Limited may be shared among persons listed in subsection (8)(a), (b) and (d).

(8) For the purposes of subsection (7), the persons are—

(a) the Treasury;

(b) UK Asset Resolution Limited;

(d) NRAM Limited.

(9) Except as provided by subsection (10), the disclosure of information in accordance with this section, or regulations made under this section, does not breach—

(a) any obligation of confidence owed by a person in relation to that information, or

(b) any other restriction on the disclosure of information (however imposed).

(10) This section and regulations made under this section do not require or authorise a disclosure of information if the disclosure would contravene the data protection legislation (but in determining whether a disclosure would do so, take into account a duty imposed or power conferred by this section or the regulations).

(11) In this section, “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).

Regulations

119

(1) The Treasury must consult the relevant trustees before making—

(a) regulations under section 111 which establish a new public scheme or transfer qualifying accrued rights to a new public scheme, or

(b) regulations under section 115 which make provision for the transfer of assets or liabilities.

(2) In this section, “the relevant trustees” are—

(a) the trustees of the BBS Pension Scheme, where the regulations affect—

(i) persons who are members of that scheme, or

(ii) persons who have survived a member of that scheme and who have an entitlement to benefits, or a right to future benefits, under the scheme in respect of the member;

(b) the trustees of the NRAM Pension Scheme, where the regulations affect—

(i) persons who are members of that scheme, or

(ii) persons who have survived a member of that scheme and who have an entitlement to benefits, or a right to future benefits, under the scheme in respect of the member.

(3) Regulations under section 111 are subject to the affirmative procedure if—

(a) the making of the regulations is subject to the consent requirements (see section 114(1)(a) and (2)), or

(b) the regulations make provision which has retrospective effect.

(4) Regulations under section 118(1) are subject to the affirmative procedure if they make provision about the amount of a financial penalty.

(5) A statutory instrument containing regulations under section 117 is subject to annulment in pursuance of a resolution of the House of Commons.

(6) Any other regulations under this Part are subject to the negative procedure.

Interpretation

120

In this Part—

“BBS Pension Scheme” means the Bradford & Bingley Staff Pension Scheme;

“enactment” includes—an enactment comprised in subordinate legislation (within the meaning given by section 21 of the Interpretation Act 1978),an enactment comprised in, or in an instrument made under, a Measure or Act of Senedd Cymru,an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament, andan enactment comprised in, or in an instrument made under, Northern Ireland legislation;

“member” has the meaning given by section 124(1) of the Pensions Act 1995;

“money purchase benefits” has the meaning given by section 181 of the Pension Schemes Act 1993;

“new public scheme” has the meaning given by section 111(1);

“occupational pension scheme” has the meaning given by section 1 of the Pension Schemes Act 1993;

“pension credit right” has the meaning given by section 124(1) of the Pensions Act 1995;

“qualifying liability” has the meaning given by section 116(2).

PART 3 — Judicial offices

Judicial pay and conditions

Retirement date for holders of judicial offices etc

121

Schedule 1 makes provision about the retirement date for holders of judicial offices.

Allowances for judicial office holders

122

Schedule 2 makes provision in respect of allowances payable to certain judicial office holders.

Sitting in retirement offices

123

(1) For each judicial office listed in Schedule 3 (an “original office”) there is to be a corresponding office (a “sitting in retirement office”).

(2) A sitting in retirement office is to have the name of the corresponding original office followed by the words “(sitting in retirement)”.

(3) In this Part, “original office” and “sitting in retirement office” have the meaning given in subsection (1).

Appointment to sitting in retirement offices

124

(1) The appointing authority may appoint an eligible person to a sitting in retirement office if —

(a) it appears to the appointing authority that it is expedient to make the appointment to facilitate the disposal of business in any court or tribunal to which a person appointed to the office in question may be deployed, and

(b) the person is qualified for appointment to the corresponding original office.

(2) “The appointing authority”, in relation to a sitting in retirement office, means—

(a) where the corresponding original office is listed in Part 1 of Schedule 3, the Lord Chief Justice;

(b) where the corresponding original office is listed in Part 2 of Schedule 3, the Senior President of Tribunals;

(c) where the corresponding original office is listed in Part 3 of Schedule 3, the Lord Chief Justice of Northern Ireland;

(d) where the corresponding original office is listed in Part 4 of Schedule 3, the Northern Ireland Judicial Appointments Commission;

(e) where the corresponding original office is listed in Part 5 of Schedule 3, the President of Welsh Tribunals;

(f) where the corresponding original office is listed in Part 6 of Schedule 3, the Lord President of the Court of Session.

(3) “An eligible person”, in relation to an appointment to a sitting in retirement office, means a person who—

(a) holds or has held a prescribed office, and

(b) is a person of such further description as may be prescribed.

(4) In subsection (3), “prescribed” means prescribed by regulations made by—

(a) where the corresponding original office is listed in Part 1 of Schedule 3, the Lord Chancellor with the concurrence of the Lord Chief Justice;

(b) where the corresponding original office is listed in Part 2 of Schedule 3, the Lord Chancellor with the concurrence of the Senior President of Tribunals;

(c) where the corresponding original office is listed in Part 3 of Schedule 3, the Lord Chancellor with the concurrence of the Lord Chief Justice of Northern Ireland;

(d) where the corresponding original office is listed in Part 4 of Schedule 3, the Department of Justice in Northern Ireland;

(e) where the corresponding original office is listed in Part 5 of Schedule 3, the Welsh Ministers with the concurrence of the President of Welsh Tribunals;

(f) where the corresponding original office is listed in Part 6 of Schedule 3, the Lord Chancellor with the concurrence of the Lord President of the Court of Session.

(5) Before making an appointment under this section, the Lord Chief Justice, the Senior President of Tribunals or the Lord Chief Justice of Northern Ireland must obtain the agreement of the Lord Chancellor.

(6) Before making an appointment under this section, the Northern Ireland Judicial Appointments Commission must obtain the agreement of the Department of Justice in Northern Ireland.

(7) Before making an appointment under this section, the President of Welsh Tribunals must obtain the agreement of—

(a) where the appointment is to an office to which subsection (8) applies, the Welsh Ministers, or

(b) in any other case, the Lord Chancellor.

(8) This subsection applies to—

(a) the office of Member of the Adjudication Panel for Wales (sitting in retirement), and

(b) the office of Legal member of the Welsh Language Tribunal (sitting in retirement).

(9) The Lord Chief Justice may nominate a judicial office holder as defined in section 109(4) of the Constitutional Reform Act 2005 to exercise functions of the Lord Chief Justice under this section.

(10) The Lord Chief Justice of Northern Ireland may nominate either of the following persons to exercise functions of the Lord Chief Justice of Northern Ireland under this section—

(a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

(b) a Lord Justice of Appeal (as defined in section 88 of that Act).

(11) Regulations under this section are subject to the negative procedure.

Appointment to sitting in retirement offices: further provision

125

(1) This section applies to an appointment of a person under section 124.

(2) Subject to subsection (3), the person appointed is to be treated for all purposes as, and accordingly may perform any of the functions of, a person appointed to the corresponding original office.

(3) Subsection (2) does not apply for the purposes of any enactment relating to—

(a) the appointment, removal or disqualification of office holders of the corresponding original office;

(b) the tenure of office or oaths to be taken by such office holders;

(4) Subject as follows, the person appointed is to hold and vacate office in accordance with the terms of the person’s appointment, which are to be such as the appropriate person may determine.

(5) The appointment may not extend beyond the day on which the person appointed attains the age of 75.

(6) The person appointed is to be paid such remuneration and such allowances as the appropriate person may determine.

(7) A determination under subsection (6) is subject to any approval that is required in respect of the equivalent determination in relation to the corresponding original office.

(8) In this section, in relation to the exercise of a power in respect of a sitting in retirement office, “the appropriate person” means the person who may exercise the equivalent power in relation to the corresponding original office.

(9) In this section, “enactment” includes—

(a) an enactment comprised in subordinate legislation (within the meaning given by section 21 of the Interpretation Act 1978),

(b) an enactment comprised in, or in an instrument made under, a Measure or Act of Senedd Cymru,

(d) an enactment comprised in, or in an instrument made under, Northern Ireland legislation.

Discipline and removal from office

126

(1) A person appointed to a relevant sitting in retirement office may be removed from that office only on a qualifying ground and—

(a) if the corresponding original office is the office of High Court Judge (England and Wales) or Lord Justice of Appeal (England and Wales), by the Lord Chancellor with the agreement of the Lord Chief Justice, or

(b) in any other case, by the appropriate person.

(2) The exercise of the power under subsection (1)(b) is subject to any approval that is required in relation to the exercise of the equivalent power in relation to the corresponding original office.

(3) In subsection (1), a “qualifying ground” is—

(a) a ground specified in the person’s terms of appointment, or

(b) the ground of inability or misbehaviour.

(4) Subsection (5) applies to a sitting in retirement office if—

(a) the corresponding original office is listed in Schedule 14 to the Constitutional Reform Act 2005, or

(b) the corresponding original office is an office listed in section 109(5) of that Act (senior judges).

(5) Chapter 3 of Part 4 of the Constitutional Reform Act 2005 (discipline) applies to the sitting in retirement office as it would apply if the office were listed in Schedule 14 to that Act.

(6) Subsection (7) applies to a sitting in retirement office if the corresponding original office is listed in Part 3 or 4 of Schedule 3 to this Act.

(7) Section 7 of the Justice (Northern Ireland) Act 2002 (removal from listed judicial offices) applies to the sitting in retirement office as it would apply if the office were listed in Schedule 1 to that Act.

(8) In this section, a “relevant sitting in retirement office” is a sitting in retirement office for which the corresponding original office is listed in Part 1, 2, 5 or 6 of Schedule 3 to this Act.

(9) In this section, “the appropriate person” has the meaning given by section 125.

Power to add new offices

127

(1) The appropriate national authority may by regulations amend Schedule 3 so as to add a judicial office apart from an excluded Scottish office.

(2) In this section, “the appropriate national authority” means—

(a) where the office is to be added to Part 4 of Schedule 3 and provision to add the office to that Part of the Schedule would be within the legislative competence of the Northern Ireland Assembly if it were included in an Act of that Assembly, the Department of Justice in Northern Ireland;

(b) where the office is to be added to Part 5 of Schedule 3 and provision to add the office to that Part of the Schedule would be within the legislative competence of Senedd Cymru if it were included in an Act of Senedd Cymru, the Welsh Ministers;

(3) For the purposes of subsection (1), a judicial office is an “excluded Scottish office” if provision to add the office to Part 6 of Schedule 3 would be within the legislative competence of the Scottish Parliament if it were included in an Act of that Parliament.

(4) Before making regulations under subsection (1) to add an office to Part 1, 2, 3, or 5 of Schedule 3, the appropriate national authority must consult the relevant office holder.

(5) In subsection (4), the “relevant office holder” means—

(a) where the office is to be added to Part 1 of Schedule 3, the Lord Chief Justice;

(b) where the office is to be added to Part 2 of Schedule 3, the Senior President of Tribunals;

(d) where the office is to be added to Part 5 of Schedule 3, the President of Welsh Tribunals.

(6) Regulations under this section are subject to the affirmative procedure.

Consequential etc provision

128

(1) Schedule 4 makes amendments consequential on, or related to, this Part.

(2) The appropriate national authority may by regulations make provision that is consequential on this Part.

(3) In this section, “the appropriate national authority” means—

(a) in relation to provision which would be within the legislative competence of the Northern Ireland Assembly if it were included in an Act of that Assembly made without the Secretary of State’s consent, the Department of Justice in Northern Ireland;

(b) in relation to provision which would be within the legislative competence of Senedd Cymru if it were included in an Act of Senedd Cymru, the Welsh Ministers;

(4) Regulations under this section may amend, repeal, revoke or otherwise modify provision made by an enactment.

(5) Regulations under this section that amend, repeal or revoke primary legislation are subject to the affirmative procedure.

(6) Any other regulations under this section are subject to the negative procedure.

(7) In this section—

“enactment” has the meaning given in section 125;

“primary legislation” means—an Act;...an Act of the Scottish Parliament;a Measure or Act of Senedd Cymru;Northern Ireland legislation.

PART 4 — General

Regulations and directions

129

(1) Regulations under any provision of this Act may make—

(a) consequential, supplementary, incidental, transitional, or saving provision;

(b) different provision for different cases or purposes.

(2) Regulations under this Act made by the Treasury or the Lord Chancellor are to be made by statutory instrument.

(3) A power or duty of a Northern Ireland department to make regulations under this Act is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).

(4) In this Act “the affirmative procedure” means—

(a) in the case of regulations made by the Treasury or the Lord Chancellor, that the regulations may not be made unless a draft of the instrument containing them has been laid before, and approved by resolution of, each House of Parliament;

(b) in the case of regulations made by the Welsh Ministers, that the regulations may not be made unless a draft of the instrument containing them has been laid before, and approved by resolution of, Senedd Cymru;

(c) in the case of regulations made by a Northern Ireland department, that the regulations may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

(5) In this Act “the negative procedure” means—

(a) in the case of regulations made by the Treasury or the Lord Chancellor, that the instrument containing them is subject to annulment in pursuance of a resolution of either House of Parliament;

(b) in the case of regulations made by the Welsh Ministers, that the instrument containing them is subject to annulment in pursuance of a resolution of Senedd Cymru;

(c) in the case of regulations made by a Northern Ireland department, that the regulations are subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954) (c. 33 (N.I.)).

(6) Any provision that may be made by regulations under this Act subject to the negative procedure may be made by regulations subject to the affirmative procedure.

(7) Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (4)(c) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.

(8) The preceding subsections do not apply in relation to—

(a) scheme regulations for a Chapter 1 scheme (within the meaning of Chapter 1 of Part 1),

(b) scheme regulations for a judicial scheme (within the meaning of Chapter 2 of Part 1),

(d) regulations under section 131.

(9) Directions given under this Act by the Treasury or the Department of Finance in Northern Ireland may be varied or revoked.

Extent

130

(1) Subject as follows, this Act extends to England and Wales, Scotland and Northern Ireland.

(2) In Schedule 3 (judicial offices)—

(a) Part 4 extends to Northern Ireland only;

(b) Part 5 extends to England and Wales only.

(3) An amendment, repeal or revocation made by this Act has the same extent as the provision amended, repealed or revoked.

Commencement

131

(1) Any provision of, or amendment made by, Part 1 or 3, so far as it—

(a) confers a power to make subordinate legislation or give directions, or

(b) otherwise relates to the exercise of a power to make subordinate legislation, or give directions, on or after the day on which this Act is passed,

comes into force on the day on which this Act is passed.

(2) Part 1 (so far as not brought into force under subsection (1)) comes into force as follows—

(a) Chapter 1, and sections 109 and 110 so far as they apply for the purposes of that Chapter, come into force in relation to a Chapter 1 scheme within section 33(2)(a) or (3)(a) on—

(i) 1 October 2023, or

(ii) such earlier day as the Treasury may by regulations appoint;

(b) Chapter 1, and sections 109 and 110 so far as they apply for the purposes of that Chapter, come into force in relation to a Chapter 1 scheme within section 33(2)(b) or (3)(b) on—

(i) 1 October 2023, or

(ii) such earlier day as the Department of Finance in Northern Ireland may by order appoint;

(c) Chapter 2, and sections 109 and 110 so far as they apply for the purposes of that Chapter, come into force on such day as the Lord Chancellor may by regulations appoint;

(d) Chapter 3, and sections 109 and 110 so far as they apply for the purposes of that Chapter, come into force in relation to a local government scheme within section 86(2)(a) or (3)(a) on—

(i) 1 October 2023, or

(ii) such earlier day as the Treasury may by regulations appoint;

(e) Chapter 3, and sections 109 and 110 so far as they apply for the purposes of that Chapter, come into force in relation to a local government scheme within section 86(2)(b) or (3)(b) on—

(i) 1 October 2023, or

(ii) such earlier day as the Department of Finance in Northern Ireland may by order appoint;

(f) Chapter 4, including sections 109 and 110 so far as they apply for purposes not mentioned in paragraphs (a) to (e), comes into force on 1 April 2022.

(3) Part 2 comes into force at the end of the period of two months beginning with the day on which this Act is passed.

(4) Part 3 (so far as not brought into force under subsection (1)) comes into force as follows—

(a) the following provisions come into force on the day on which this Act is passed—

(i) section 121, and

(ii) Schedule 1 apart from paragraph 25(3);

(b) the following provisions come into force at the end of the period of two months beginning with the day on which this Act is passed—

(i) paragraph 25(3) of Schedule 1, and

(ii) section 122 and Schedule 2;

(c) sections 123 to 128, and Schedules 3 and 4, come into force on such day as the Lord Chancellor may by regulations appoint.

(5) Part 4 comes into force on the day on which this Act is passed.

(6) Regulations and orders under subsection (2), and regulations under subsection (4), may appoint different days for different purposes.

(7) The Treasury or the Lord Chancellor may by regulations make transitional or saving provision in connection with the coming into force of any provision of this Act (other than any transitional or saving provision that may be made by the Department of Finance in Northern Ireland under subsection (8)).

(8) The Department of Finance in Northern Ireland may by order make transitional or saving provision in connection with the coming into force of any provision of—

(a) Chapter 1, or sections 109 and 110 so far as they apply for the purposes of that Chapter, in relation to a Chapter 1 scheme within section 33(2)(b) or (3)(b), or

(b) Chapter 3, or sections 109 and 110 so far as they apply for the purposes of that Chapter, in relation to a local government scheme within section 86(2)(b) or (3)(b).

(9) A power to make regulations or an order under subsection (7) or (8) includes power to make different provision for different purposes.

(10) Regulations under this section are to be made by statutory instrument.

(11) The power of the Department of Finance in Northern Ireland to make an order under subsection (2)(b), (2)(e) or (8) is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).

Short title

132

This Act may be cited as the Public Service Pensions and Judicial Offices Act 2022.

SCHEDULE 1 — Retirement date for holders of judicial offices etc

PART 1 — Amendments of legislation

Pensions Appeal Tribunals Act 1943 (c. 39)

1

In paragraph 2 of the Schedule to the Pensions Appeal Tribunals Act 1943 (constitution, jurisdiction and procedure of Pensions Appeal Tribunals in Scotland and Northern Ireland), in sub-paragraph (4)—

(a) omit the words from “and to” to “75)”;

(b) for “seventy years” substitute “75”.

Agriculture Act 1947 (c. 48)

2

(1) Schedule 9 to the Agriculture Act 1947 (Agricultural Land Tribunal) is amended as follows.

(2) In paragraph 13 (chairman), in sub-paragraph (2A), for the words from “seventy years” to the end substitute “75”.

(3) In paragraph 14 (deputy-chairmen), in sub-paragraph (2), for the words from “seventy years” to the end substitute “75”.

(4) In paragraph 15 (panel members), in sub-paragraph (1A), for the words from “seventy years” to the end substitute “75”.

Lands Tribunal Act 1949 (c. 42)

3

In section 2 of the Lands Tribunal Act 1949 (members, officers and expenses of Lands Tribunal for Scotland), in subsection (5A), for the words from “seventy” to the end substitute “75”.

Foreign Compensation Act 1950 (c. 12)

4

In section 1 of the Foreign Compensation Act 1950 (Foreign Compensation Commission), in subsection (3A), for the words from “seventy years” to the end substitute “75”.

Courts-Martial (Appeals) Act 1951 (c. 46)

5

In section 32 of the Courts-Martial (Appeals) Act 1951 (tenure of office of Judge Advocate General and assistants), in subsection (2)—

(a) omit the words from “, subject” to “75),”;

(b) for “seventy years”, in both places it occurs, substitute “75”.

County Courts Act (Northern Ireland) 1959 (c. 25 (N.I.))

6

(1) The County Courts Act (Northern Ireland) 1959 is amended as follows.

(2) In section 105 (tenure and oaths of office and retirement of judges), in subsection (4), for the words from “seventy” to the end substitute “75”.

(3) In section 107 (deputy judges), in subsection (4), for the words from “seventy” to the end substitute “75”.

Judicial Pensions Act 1959 (c. 9)

7

In section 2 of the Judicial Pensions Act 1959 (retiring age), for “seventy years” substitute “75”.

Resident Magistrates’ Pensions Act (Northern Ireland) 1960 (c.2 (N.I))

8

In section 1 of the Resident Magistrates’ Pensions Act (Northern Ireland) 1960 (retiring age of resident magistrates), for the words from “seventy” to the end substitute “75”.

Betting, Gaming and Lotteries Act 1963 (c. 2)

9

In section 29 of the Betting, Gaming and Lotteries Act 1963 (levy appeal tribunals), in subsection (2A), for the words from “seventy years” to the end substitute “75”.

Lands Tribunal and Compensation Act (Northern Ireland) 1964 (c. 29 (N.I.))

10

In section 2 of the Lands Tribunal and Compensation Act (Northern Ireland) 1964 (terms of appointment and remuneration etc of members), in subsection (1)(b) for the words from “seventy years” to “75)” substitute “75”.

Courts Act 1971 (c. 23)

11

(1) The Courts Act 1971 is amended as follows.

(2) In section 17 (retirement, removal and disqualifications of Circuit judge), in subsection (1)—

(a) omit the words from “and to” to “75),”;

(b) for “70” substitute “75”.

(3) In section 21 (appointment of Recorders), in subsection (5), for the words from “seventy” to the end substitute “75”.

Misuse of Drugs Act 1971 (c. 38)

12

(1) Schedule 3 to the Misuse of Drugs Act 1971 (Tribunals, Advisory Bodies and Professional Panels) is amended as follows.

(2) In paragraph 1 (membership: tribunals), in sub-paragraph (2A), for the words from “seventy years” to the end substitute “75”.

(3) In paragraph 13 (membership: advisory bodies), in sub-paragraph (1A), for the words from “seventy years” to the end substitute “75”.

Industry Act 1975 (c. 68)

13

In paragraph 6 of Schedule 3 to the Industry Act 1975 (membership of the tribunal), in sub-paragraph (2), for the words from “70” to the end substitute “75”.

Rent Act 1977 (c. 42)

14

In paragraph 2A of Schedule 10 to the Rent Act 1977 (rent assessment committees in Wales), for the words from “seventy years” to the end substitute “75”.

Judicature (Northern Ireland) Act 1978 (c. 23)

15

In section 71 of the Judicature (Northern Ireland) Act 1978 (tenure of statutory officers), for subsection (3) substitute—

(3) A statutory officer shall vacate office on the day on which the officer attains the age of 75.

Senior Courts Act 1981 (c. 54)

16

(1) The Senior Courts Act 1981 is amended as follows.

(2) In section 9 (assistance for transaction of judicial business), in subsection (4A), for the words from “70” to the end substitute “75”.

(3) In section 11 (tenure of office of judges of Senior Courts), in subsection (2), for “seventy years” substitute “75”.

(4) In section 92 (tenure of office of certain officers of Senior Courts), in subsection (1)—

(a) for the words from “, to section 91(3)” to “75)” substitute “and to section 91(3)”;

(b) for “seventy years” substitute “75”.

Public Passenger Vehicles Act 1981 (c. 14)

17

In section 4 of the Public Passenger Vehicles Act 1981 (traffic commissioners), in subsection (4)(b), for the words from “sixty five” to “direct” substitute “75”.

Mental Health Act 1983 (c. 20)

18

In paragraph 2A of Schedule 2 to the Mental Health Act 1983 (Mental Health Review Tribunal for Wales), for the words from “70” to the end substitute “75”.

County Courts Act 1984 (c. 28)

19

(1) The County Courts Act 1984 is amended as follows.

(2) In section 8 (deputy district judges), for subsection (1A) substitute—

(1A) Any appointment of a person as a deputy district judge must not be such as to, or be extended so as to, extend beyond the day on which the person attains the age of 75.

(3) In section 11, in subsection (2) (tenure of office of district judge)—

(a) omit from the words “and to” to “75)”;

(b) for “70 years” substitute “75”.

Reserve Forces (Safeguard of Employment) Act 1985 (c. 17)

20

In paragraph 2 of Schedule 2 to the Reserve Forces (Safeguard of Employment) Act 1985 (Reinstatement Committees and Umpires), in sub-paragraph (2), for the words from “seventy” to the end substitute “75”.

Transport Act 1985 (c. 67)

21

In paragraph 3 of Schedule 4 to the Transport Act 1985 (constitution, powers and proceedings of the Transport Tribunal), in sub-paragraph (1)—

(a) omit the words from “and to” to “seventy five)”;

(b) for “seventy” substitute “75”.

Copyright, Designs and Patents Act 1988 (c. 48)

22

In section 146 of the Copyright, Designs and Patents Act 1988 (membership of the Tribunal), in subsection (3A), for the words from “70” to the end substitute “75”.

Child Support Act 1991 (c. 48)

23

(1) Schedule 4 to the Child Support Act 1991 (Child Support Commissioners for Northern Ireland) is amended as follows.

(2) In paragraph 1 (tenure of office), in sub-paragraph (1), for the words from “70” to the end substitute “75”.

(3) In paragraph 4 (Deputy Child Support Commissioners), in sub-paragraph (2A), for the words from “70” to the end substitute “75”.

24

In paragraph 1 of Schedule 2 to the Social Security Administration (Northern Ireland) Act 1992 (Commissioners: tenure of offices), in sub-paragraph (2), for the words from “70” to the end substitute “75”.

Judicial Pensions and Retirement Act 1993 (c. 8)

25

(1) The Judicial Pensions and Retirement Act 1993 is amended as follows.

(2) In section 26 (retirement date for holders of certain judicial offices etc)—

(a) in subsection (1), for “70” substitute “75”;

(b) omit subsections (4) to (6);

(i) for “70” substitute “75”;

(ii) omit paragraph (h);

(d) in subsection (12), omit the definition of “the appropriate person”;

(e) omit subsections (12A) to (17).

(3) In section 27 (completion of proceedings after retirement), in subsection (3), after paragraph (g) insert—

(h) Chief Coroner; (i) Deputy Chief Coroner; (j) senior coroners, area coroners and assistant coroners; (k) traffic commissioners.

(4) In Schedule 5 (retirement provisions: the relevant offices)—

(a) after the entry for Judge of the High Court of Justice in Northern Ireland insert—

Temporary judge of the High Court of Justice in Northern Ireland

(b) for “Resident Magistrate appointed under the Magistrates’ Courts Act (Northern Ireland) 1964” substitute “District judge (magistrates’ courts) in Northern Ireland”;

(c) for “Deputy Resident Magistrate appointed under the Magistrates’ Courts Act (Northern Ireland) 1964” substitute “Deputy district judge (magistrates’ courts) in Northern Ireland”;

(d) after that entry insert—

Lay magistrate appointed under the Justice Act (Northern Ireland) 2015

(e) after the entry for Employment Judge insert—

Member of a panel (other than the panel of Employment Judges) appointed in pursuance of regulations under section 1(1) of the Employment Tribunals Act 1996

Member of a panel appointed under regulation 7(1) of the Industrial Tribunals and Fair Employment Tribunal (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2020 (S.R. (N.I.) 2020 No.3)

(f) omit “Chairman of industrial tribunals in Northern Ireland, appointed in pursuance of regulations under Article 3 of the Industrial Tribunals (Northern Ireland) Order 1996”;

(g) omit “Chairman of the Fair Employment Tribunal, appointed under Article 82(1)(c) of the Fair Employment and Treatment (Northern Ireland) Order 1998”;

(h) after the entry for Judge Advocate General insert—

Vice-Judge Advocate General

Assistant Judge Advocate General

(i) at the end insert—

President of the Education Tribunal for Wales

Member of the legal chair panel, or the lay panel, of the Education Tribunal for Wales

Chairman or other member of a tribunal constituted under Schedule 3 to the Education Act 2005

President or other member of the Adjudication Panel for Wales

President or other member of the Welsh Language Tribunal

Member of the chairmen’s panel or of the lay panel appointed under Schedule 2 to the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 (S.I. 2003/431 (N.I. 9)) (the Care Tribunal)

President or other member of the Charity Tribunal for Northern Ireland

Chairman or other member of the Criminal Injuries Compensation Appeals Panel for Northern Ireland

President or other member of the Northern Ireland Valuation Tribunal

Adjudicators appointed under Article 29 of the Traffic Management (Northern Ireland) Order 2005 (S.I. 2005/1964 (N.I. 14))

Chairman, deputy chairman or other member of a tribunal appointed in pursuance of regulations under paragraph 19 of Schedule 11 to the Health and Personal Social Services (Northern Ireland) Order 1972 (S.I. 1972/1265 (N.I. 14))

President of the Special Educational Needs and Disability Tribunal for Northern Ireland

Member of a panel mentioned in Article 22(2)(b) or (c) of the Education (Northern Ireland) Order 1996 (S.I. 1996/274 (N.I. 1)) (which serves the Special Educational Needs and Disability Tribunal for Northern Ireland)

Chairman or other member of the panel mentioned in paragraph 3 of Schedule 1 to the Private Tenancies (Northern Ireland) Order 2006 (S.I. 2006/1459 (N.I. 10)) (which serves rent assessment committees)

Chairman or other member of a tribunal established for the purposes of deciding an appeal in accordance with the model rules concerning the conduct of appeals (as set out in the Schedule to the Deregulation (Model Appeal Provisions) Order (Northern Ireland) 1997 (S.R. (N.I.) 1997 No. 269)

Member of the Review Tribunal for Northern Ireland

Merchant Shipping Act 1995 (c. 21)

26

In section 297 of the Merchant Shipping Act 1995 (wreck commissioners, etc), in subsection (2), for the words from “seventy” to the end substitute “75”.

Reserve Forces Act 1996 (c. 14)

27

(1) The Reserve Forces Act 1996 is amended as follows.

(2) In section 90 (appointment of panel of chairmen), in subsection (4), for the words from “70” to the end substitute “75”.

(3) In section 91 (appointment of panel of ordinary members), in subsection (4), for the words from “70” to the end substitute “75”.

Employment Tribunals Act 1996 (c. 17)

28

In section 25 of the Employment Tribunals Act 1996 (tenure of appointed members)—

(a) in subsection (2)(b) for “seventy” substitute “75”;

(b) omit subsection (3).

Plant Varieties Act 1997 (c. 66)

29

In paragraph 5 of Schedule 3 to the Plant Varieties Act 1997 (membership of the Plant Varieties and Seeds Tribunal)—

(a) in sub-paragraph (2), for “70” substitute “75”;

(b) omit sub-paragraph (6).

30

(1) The Social Security Act 1998 is amended as follows.

(2) In paragraph 1 of Schedule 1 (appeals tribunals in Scotland: tenure of office), in sub-paragraph (2), for the words from “70” to the end substitute “75”.

(3) In paragraph 4 of Schedule 4 (Social Security Commissioners in Scotland: tenure of office), in sub-paragraph (1) for the words from “70” to the end substitute “75”.

31

In paragraph 1 of Schedule 1 to the Social Security (Northern Ireland) Order 1998 (appeals tribunals: tenure of office), in sub-paragraph (2), for the words from “70” to the end substitute “75”.

The Fair Employment and Treatment (Northern Ireland) Order 1998 (S.I. 1998/3162 (N.I. 21))

32

In Article 82 of the Fair Employment and Treatment (Northern Ireland) Order 1998 (President, Vice-President and Chairmen), in paragraph (3), for the words from “70” to the end substitute “75”.

Courts Act 2003 (c. 39)

33

In section 13 of the Courts Act 2003 (entry of names in the supplemental list)—

(a) in subsection (1)—

(i) for the words “subsections (2) and” substitute “subsection”;

(ii) for “70” substitute “75”;

(b) omit subsection (2);

Education Act 2005 (c. 18)

34

In paragraph 1 of Schedule 3 to the Education Act 2005 (registration of inspectors in Wales: constitution of tribunals)—

(a) in sub-paragraph (3) for “70” substitute “75”;

(b) after sub-paragraph (3A) insert—

(3B) A chairman or other member of a tribunal must vacate office on reaching the age of 75.

Constitutional Reform Act 2005 (c. 4)

35

In Schedule 7 to the Constitutional Reform Act 2005 (protected functions of the Lord Chancellor), in paragraph 4, under the heading “Judicial Pensions and Retirement Act 1993”, for “Section 26(5), (6), (9) and (13)” substitute “Section 26(9)”.

Tribunals, Courts and Enforcement Act 2007 (c. 15)

36

(1) The Tribunals Courts and Enforcement Act 2007 is amended as follows.

(2) In paragraph 4 of Schedule 2 (judges and other members of First-tier Tribunal: terms of appointment), in sub-paragraph (2B)—

(a) in paragraph (a), for “70, or” substitute “75”;

(b) omit paragraph (b).

(3) In paragraph 4 of Schedule 3 (judges and other members of Upper Tribunal: terms of appointment), in sub-paragraph (2B)—

(a) in paragraph (a), for “70, or” substitute “75”;

(b) omit paragraph (b).

(4) In paragraph 7 of Schedule 3 (deputy judges of the Upper Tribunal), in sub-paragraph (3B)—

(a) in paragraph (a), for “70, or” substitute “75”;

(b) omit paragraph (b).

(5) In paragraph 5A of Schedule 4 (Chamber Presidents and Deputies: removal from office and extension of appointment), in sub-paragraph (4)—

(a) in paragraph (a), for “70, or” substitute “75”;

(b) omit paragraph (b).

(6) In Part 2 of Schedule 9 (judges and other members of First-tier and Upper tribunals: retirement dates)—

(a) in paragraph (5)—

(i) in the heading, for “70” substitute “75”;

(ii) in sub-paragraph (1), omit the words from “Subject” to “1995),”;

(iii) in sub-paragraph (2), in the opening words, omit the words from “and paragraph” to “(2)”;

(b) in paragraph (6)—

(i) in the heading, for “70” substitute “75”;

(ii) in sub-paragraph (1)(b), for “70” substitute “75”;

(iii) in sub-paragraph (3)(a)(ii), for “70” substitute “75”;

(d) omit paragraph (8);

(e) in paragraph (9)—

(i) in the heading, for “70” substitute “75”;

(ii) in sub-paragraph (1)(a), for “70” substitute “75”;

(iii) in sub-paragraph (2)(a), for “70” substitute “75”;

(iv) in sub-paragraph (3), for “70” substitute “75”.

Charities Act (Northern Ireland) 2008 (c. 12 (N.I.))

37

In Schedule 2 to the Charities Act (Northern Ireland) 2008 (the Charity Tribunal)—

(a) in paragraph 4(1), for “70” substitute “75”;

(b) omit paragraph 4(2).

Coroners and Justice Act 2009 (c. 25)

38

(1) The Coroners and Justice Act 2009 is amended as follows.

(2) In Schedule 3 (appointment of senior coroners, area coroners and assistant coroners: vacation or termination of office)—

(a) in paragraph (3)(a), for “70” substitute “75”;

(b) in paragraph 10, for “70” substitute “75”.

(3) In Schedule 4 (Coroner for Treasure and Assistant Coroners for Treasure)—

(a) in paragraph 2(a), for “70” substitute “75”;

(b) in paragraph 3, for “70” substitute “75”.

(4) In Schedule 8 (Chief Coroner and Deputy Chief Coroner)—

(a) in paragraph 1(2)(b), for “70” substitute “75”;

(b) in paragraph 1(4), for “70” substitute “75”;

(d) in paragraph 2(5), for “70” substitute “75”.

Welsh Language (Wales) Measure 2011 (2011 nawm 1)

39

(1) In the English language text of Schedule 11 to the Welsh Language (Wales) Measure 2011 (the Welsh Language Tribunal)—

(a) in paragraph 11, after “Tribunal”, the first time it occurs, insert

— (a) on reaching the age of 75, or (b)

(b) in paragraph 15, for “70” substitute “75”.

(2) In the Welsh language text of Schedule 11 to the Welsh Language (Wales) Measure 2011 (the Welsh Language Tribunal)—

(a) in paragraph 11, after “Tribiwnlys”, the first time it occurs, insert

— (a) ar gyrraedd 75 oed, neu (b)

(b) in paragraph 15, for “70” substitute “75”.

Tribunals (Scotland) Act 2014 (asp 10)

40

In Schedule 7 to the Tribunals (Scotland) Act 2014, omit paragraph 10.

Justice Act (Northern Ireland) 2015 (c. 9 (N.I.))

41

In section 4 of the Justice Act (Northern Ireland) 2015 (lay magistrates), in subsection (11), for “70” substitute “75”.

Victims’ Payment Regulations 2020 (S.I. 2020/103)

42

(1) Schedule 1 to the Victims’ Payment Regulations 2020 (the Board) is amended as follows.

(2) In paragraph 5, in sub-paragraph (5), for “70” substitute “75”.

(3) Omit sub-paragraph 6.

PART 2 — Transitional provision

General

43

An amendment made by Part 1 of this Schedule has effect in relation to a person appointed to an office to which the amendment relates whether the person was appointed before or after the coming into force of the amendment.

Lay justices in England and Wales

44

(1) This paragraph applies if on the commencement date—

(a) a person’s name is on the supplemental list, and

(b) the person is aged between 70 and 75.

(2) The Lord Chancellor may, with the concurrence of the Lord Chief Justice, direct that the person’s name be removed from the supplemental list for a period specified in the direction (“the temporary period”).

(3) A direction under sub-paragraph (2) may be made only if—

(a) the person has applied for their name to be removed, and

(b) the Lord Chancellor is satisfied that the direction is expedient as a temporary measure in order to facilitate the disposal of business in the magistrates’ courts or the family court.

(4) The temporary period must end no later than the day on which the person attains the age of 75.

(5) Subject to that, the Lord Chancellor may, with the concurrence of the Lord Chief Justice, amend a direction under sub-paragraph (2) to extend the temporary period, if the Lord Chancellor is satisfied that the extension of the period would be expedient as a temporary measure in order to facilitate the disposal of business in the magistrates’ courts or the family court.

(6) The power in sub-paragraph (2) may be exercised more than once.

(7) Where the person’s name was entered on the supplemental list as a result of section 13(4) or (5) of the Courts Act 2003, section 14(2) of that Act does not apply to the removal of the person’s name from the list.

(8) A person’s name that, as a result of sub-paragraph (2), is not in the supplemental list must be entered in the list at the end of the temporary period.

(9) The Lord Chief Justice may nominate a judicial office holder as defined in section 109(4) of the Constitutional Reform Act 2005 to exercise functions of the Lord Chief Justice under this paragraph.

(10) In this paragraph—

(a) “the commencement date” means the date on which the amendments made by paragraph 33 come into force;

(b) “the supplemental list” has the meaning given by section 12 of the Courts Act 2003 (and references to entry in and removal from the supplemental list are to be construed accordingly).

Lay magistrates in Northern Ireland

45

(1) If—

(a) a person ceased to hold office before the commencement date by virtue of section 4(11) of the Justice Act (Northern Ireland) 2015 (c. 9 (N.I.)), and

(b) the person has not attained the age of 75,

the Northern Ireland Judicial Appointments Commission may appoint the person as a lay magistrate under this paragraph.

(2) For the purposes of sub-paragraph (1)—

(a) section 4(5) of that Act (which prohibits the appointment of a lay magistrate unless certain training requirements are met) is to be ignored, and

(b) the reference in section 4(7) of that Act to eligibility for appointment as a lay magistrate includes eligibility for appointment under this paragraph.

(3) In this paragraph “the commencement date” means the date on which the amendment made by paragraph 25(4)(d) takes effect.

PART 3 — Repeal of spent provisions etc

46

Omit paragraph 3(3) of Schedule 9B to the Rates (Northern Ireland) Order 1977 (S.I. 1977/2157 (N.I. 28)).

47

(1) The Judicature (Northern Ireland) Act 1978 is amended as follows.

(2) In section 12B (tenure of office: Lord Chief Justice), in subsection (1), omit “, and Schedule 7 to,”.

(3) In section 12C (tenure of office: Lords Justices of Appeal and certain High Court judges), in subsection (1), omit “, and Schedule 7 to,”.

48

(1) The Judicial Pensions and Retirement Act 1993 is amended as follows.

(2) In Schedule 5 (retirement provisions: the relevant offices), omit the following entries—

(a) Chairman of the Foreign Compensation Commission;

(b) Commons Commissioner;

(d) Member of the Pensions Regulator Tribunal.

(3) In Schedule 6 (retirement dates for certain judicial offices), omit paragraphs 1, 2, 6, 10, 11, 15, 27 to 29, 33, 36, 43, 44, 53, 55, 61 and 62.

(4) Omit Schedule 7 except for paragraph 1(2).

49

Omit paragraph 42 of Schedule 39 to the Education Act 1996.

50

Omit paragraph 3(4) of Schedule 15 to the Immigration and Asylum Act 1999.

SCHEDULE 2 — Allowances payable to judicial office holders

Compensation (Defence) Act 1939 (c. 75)

1

In section 8 of the Compensation (Defence) Act 1939 (constitution of tribunals), in subsection (5)(a), after “(if any)” insert “and such allowances (if any)”.

Lands Tribunal Act 1949 (c. 42)

2

(1) Section 2 of the Lands Tribunal Act 1949 (members, officers and expenses of Lands Tribunal for Scotland) is amended as follows.

(2) In subsection (6), omit “travelling and subsistence”.

(3) In subsection (10), after “remuneration” insert “and allowances”.

Courts-Martial (Appeals) Act 1951 (c. 46)

3

In section 33 of the Courts-Martial (Appeals) Act 1951 (salaries of Judge Advocate General and assistants), omit “travelling and subsistence”.

Coroners Act (Northern Ireland) 1959 (c. 15 (N.I.))

4

In section 2 of the Coroners Act (Northern Ireland) 1959 (appointment of coroners etc), in subsection (1), after “superannuation” insert “the payment of allowances”.

County Courts Act (Northern Ireland) 1959 (c. 25 (N.I.))

5

In section 106 of the County Courts Act (Northern Ireland) 1959 (salaries and allowances of judges), for subsections (3) and (4) substitute—

(3) The Department of Justice may pay to any judge such allowances as may be determined by the Lord Chancellor with the consent of the Treasury.

Lands Tribunal and Compensation Act (Northern Ireland) 1964 (c. 29 (N.I.))

6

(1) Section 5 of the Lands Tribunal and Compensation Act (Northern Ireland) 1964 (travelling and subsistence allowances and other financial provisions) is amended as follows.

(2) In the heading, omit “travelling and subsistence”.

(3) In subsection (1), for “travelling and subsistence allowances at such rates” substitute “such allowances”.

Courts-Martial (Appeals) Act 1968 (c. 20)

7

In section 2 of the Courts-Martial (Appeals) Act 1968 (judges), in subsection (3), omit “travelling and subsistence”.

Administration of Justice Act 1973 (c. 15)

8

(1) Section 9 of the Administration of Justice Act 1973 (judicial salaries) is amended as follows.

(2) In the heading, at the end insert “etc”.

(3) After subsection (3) insert—

(3A) There may be paid to judges of the Court of Session such allowances as may be determined, with the consent of Treasury, by the Lord Chancellor.

Senior Courts Act 1981 (c. 54)

9

(1) Section 89 of the Senior Courts Act 1981 (masters and registrars) is amended as follows.

(2) In subsection (7A), after “salary”, in both places it occurs, insert “and such allowances”.

(3) In subsection (8), after “salaries” insert “and allowances”.

County Courts Act 1984 (c. 28)

10

In section 6 of the County Courts Act 1984 (district judges), in subsection (5), after “salary” insert “and such allowances”.

Transport Act 1985 (c. 67)

11

(1) Schedule 4 of the Transport Act 1985 (constitution, powers and proceedings of the transport tribunal) is amended as follows.

(2) In paragraph 6, after “remuneration” insert “and such allowances”.

(3) In paragraph 7, after “remuneration” insert “or allowances”.

12

In paragraph 7 of Schedule 2 to the Social Security Administration (Northern Ireland) Act 1992 (Commissioners: supplementary provisions)—

(a) for “Lord Chancellor” substitute “Department of Justice”;

(b) after “remuneration,” insert “and such allowances”;

Scottish Land Court Act 1993 (c. 45)

13

(1) Schedule 1 to the Scottish Land Court Act 1993 (the Land Court) is amended as follows.

(2) In paragraph 3—

(a) in sub-paragraph (1), after “salary” insert “and such allowances”;

(b) in sub-paragraph (2), after “salary” insert “and such allowances”;

(3) In paragraph 18, after sub-paragraph (2) insert—

(2A) The SCTS may pay to persons appointed under paragraph 10 of this Schedule such allowances as the SCTS may determine.

Merchant Shipping Act 1995 (c. 21)

14

In section 297 of the Merchant Shipping Act 1995 (wreck commissioners etc), in subsection (4), after “remuneration” insert “and such allowances”.

Employment Tribunals Act 1996 (c. 17)

15

In section 5 of the Employment Tribunals Act 1996 (remuneration, fees and allowances), in subsection (1), after “remuneration” insert “and such allowances”.

Education (Northern Ireland) Order 1996 (S.I. 1996/274 (N.I. 1))

16

In Article 22 of the Education (Northern Ireland) Order 1996 (constitution of Tribunal), in paragraph (6)(a), after “remuneration” insert “, allowances”.

Industrial Tribunals (Northern Ireland) Order 1996 (S.I. 1996/1921 (N.I. 18))

17

In Article 7 of the Industrial Tribunals (Northern Ireland) Order 1996 (remuneration, fees and allowances), in paragraph (1), in the words after paragraph (c), after “remuneration” insert “and allowances”.

Deregulation (Model Appeal Provisions) Order (Northern Ireland) 1997 (S.R. (N.I.) 1997 No. 269)

18

In Chapter 1 of the Schedule to the Deregulation (Model Appeal Provisions) Order (Northern Ireland) 1997, in rule 6 of the model Rules (appointment of the Tribunal), in paragraph (8), after “fees” insert “, allowances”.

Traffic Management (Northern Ireland) Order 2005 No. 1964 (N.I. 14)

19

In Article 31 of the Traffic Management (Northern Ireland) Order 2005 (further provisions relating to adjudicators), after paragraph (2) insert—

(2A) The Department may pay to an adjudicator such allowances as the Department may determine.

Judiciary and Courts (Scotland) Act 2008 (asp 6)

20

(1) Section 20G of the Judiciary and Courts (Scotland) Act 2008 (remuneration and expenses of temporary and former judges) is amended as follows.

(2) In subsection (1), after “remuneration” insert “and such allowances”.

(3) In subsection (2), after “remuneration” insert “and different amounts of allowances”.

Courts Reform (Scotland) Act 2014 (asp 18)

21

(1) The Courts Reform (Scotland) Act 2014 is amended as follows.

(2) In section 16 (remuneration)—

(a) in subsection (1), after “salary” insert “and such allowances”;

(b) in subsection (3), after “remuneration” insert “and such allowances”;

(d) in subsection (5), after “remuneration” insert “and such allowances”;

(e) in subsection (6), after “remuneration” insert “and different amounts of allowances”;

(f) in subsection (12), after “salaries” insert “, allowances”;

(g) in subsection (13)—

(i) after “salary” insert “or an allowance”;

(ii) after “remuneration” insert “or an allowance”.

(3) In section 124 (payment of salaries of Court of Session judges)—

(a) in the heading, after “salaries” insert “and allowances”;

(b) in subsection (1), after “salaries”, in the first place it occurs, insert “and allowances”;

SCHEDULE 3 — Judicial offices

PART 1 — Lord Chief Justice as appointing authority for corresponding sitting in retirement office

Admiralty Registrar

Appointed Person for design rights appeal

Appointed Person for trademark appeals

Assistant Judge Advocate General

Circuit Judge

Deputy Admiralty Registrar

Deputy District Judge

Deputy District Judge (Magistrates’ Courts) (England and Wales)

Deputy District Judge of the Principal Registry of the Family Division

Deputy Insolvency and Companies Court Judge

Deputy Master, Chancery Division

Deputy Master, Queen’s Bench Division

Deputy Registrar of Civil Appeals

Deputy Taxing Master of the Senior Courts

District Judge

District Judge (Magistrates’ Courts) (England and Wales)

District Judge of the Principal Registry of the Family Division

High Court Judge (England and Wales)

Insolvency and Companies Court Judge

Lord Justice of Appeal (England and Wales)

Master, Chancery Division

Master, Queen’s Bench Division

Recorder

Registrar of Civil Appeals

Taxing Master of the Senior Courts

PART 2 — Senior President of Tribunals as appointing authority for corresponding sitting in retirement office

Chair of the Reinstatement Committee

Chairman of the National Security Certificate Appeals Tribunal (Northern Ireland)

Chairman of the Reserve Forces Appeal Tribunal

Deputy Chairman of the National Security Certificate Appeals Tribunal (Northern Ireland)

Deputy Judge of the Upper Tribunal

Employment Judge (England and Wales)

Judge of the First-tier Tribunal

Judge of the Upper Tribunal

Member of a panel of chairmen of the Competition Appeal Tribunal

Member of the panel of chairmen of the Health Service Products (Pricing, Cost Control and Information) Appeals Tribunal

Non-judicial Member of the First-tier Tribunal

Non-judicial Member of the Upper Tribunal

PART 3 — Lord Chief Justice of Northern Ireland as appointing authority for corresponding sitting in retirement office

Child Support Commissioner for Northern Ireland

Coroner (Northern Ireland)

County Court Judge (Northern Ireland)

Deputy Child Support Commissioner for Northern Ireland

Deputy Coroner (Northern Ireland)

Deputy County Court Judge (Northern Ireland)

Deputy District Judge (Magistrates’ Courts) (Northern Ireland)

Deputy Social Security Commissioner for Northern Ireland

Deputy statutory officer (appointed under section 74 of the Judicature (Northern Ireland) Act 1978)

District Judge (Northern Ireland)

District Judge (Magistrates’ Courts) (Northern Ireland)

High Court Judge (Northern Ireland)

Legally Qualified Member of the Pensions Appeal Tribunal for Northern Ireland

Lord Justice of Appeal (Northern Ireland)

Master (Bankruptcy) (Northern Ireland)

Master (Care and Protection) (Northern Ireland)

Master (Chancery) (Northern Ireland)

Master (Enforcement of Judgments) (Northern Ireland)

Master (High Court) (Northern Ireland)

Master (Probate and Matrimonial) (Northern Ireland)

Master (Queen’s Bench and Appeals) (Northern Ireland)

Master (Taxing Office) (Northern Ireland)

Social Security Commissioner for Northern Ireland

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