Session 2, Statement by Mr. Yuri Dzhibladze
This Part applies— but this subsection is subject to the following provisions of this Act and to Part 3 of Schedule 9 to the Tribunals, Courts and Enforcement Act 2007 (transitional arrangements for pensions of certain judges and other members of the First-tier Tribunal and Upper Tribunal).
to any person who first holds qualifying judicial office on or after the appointed day;
to any person—
who, immediately before the appointed day, was holding any qualifying judicial office, service in which was, in his case, subject to a judicial pension scheme; and
who, on or after that day, ceases to hold that office and is appointed to some other qualifying judicial office, service in which would (apart from this Act) have been subject, in his case, to some other judicial pension scheme;
to any person who was not holding qualifying judicial office immediately before the appointed day, by virtue of having retired from such office, but who, on or after that day, is again appointed to such office; . . .
to any person who makes an election under subsection (2) below for this Part to apply to him; and
to any person appointed to a qualifying judicial office in circumstances falling within subsection (4A) below;
This Part is subject to section 18 of the Public Service Pensions Act 2013 (restrictions on benefits provided under existing schemes).
Any person— shall be entitled, in such circumstances as may be prescribed and subject to subsection (5) below, to make an election for this Part to apply to him, if it would not otherwise do so.
who holds qualifying judicial office on the appointed day, and
who held such office at any time before that day,
This Part is subject to section 18 of the Public Service Pensions Act (Northern Ireland) 2014 (Northern Ireland provision restricting benefits provided under existing schemes).
Any election under subsection (2) above must be made within such time and in such manner as may be prescribed and shall be irrevocable.
The circumstances that may be prescribed under subsection (2) above, and the time that may be prescribed under subsection (3) above, include circumstances or times which permit the making of an election notwithstanding that the person in question has retired from qualifying judicial office or has died; and, without prejudice to section 29(3) and (4) below, where any such circumstances or times are so prescribed—
the person in question shall be treated for such purposes as may be prescribed as if he had, at such times as may be prescribed, been a person to whom this Part applies; and
any right to make an election notwithstanding the person’s death shall be exercisable by his personal representatives.
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.
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.
The circumstances of a person's appointment to a qualifying judicial office (“the subsequent office”) fall within this subsection if—
the person, immediately before being appointed to the subsequent office, holds an office within subsection (4B) below (“the replacement tribunal office”);
the person held the replacement tribunal office on a salaried basis from when he became its holder until immediately before being appointed to the subsequent office; and
the person, before becoming the holder of the replacement tribunal office, had never held qualifying judicial office.
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— and the reference in that subsection to an office being held on a salaried basis shall be construed accordingly.
his service in the office is remunerated by payment of a salary; and
that salary is not subject to terms which preclude rights to pensions and other benefits accruing by reference to it;
The offices within this subsection are—
the office of judge of the First-tier Tribunal by virtue of being a transferred-in judge of the First-tier Tribunal,
the office of other member of the First-tier Tribunal by virtue of being a transferred-in other member of the First-tier Tribunal,
the office of judge of the Upper Tribunal by virtue of being a transferred-in judge of the Upper Tribunal, and
the office of other member of the Upper Tribunal by virtue of being a transferred-in other member of the Upper Tribunal.
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.
In this section, “prescribed” means prescribed in regulations made by the appropriate Minister.
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.
Any person to whom this Part applies— shall be entitled during his life to a pension at the appropriate annual rate.
who retires from qualifying judicial office on or after the day on which he attains the age of 65, and
who has, at the time of that retirement, completed, in the aggregate, at least 5 years’ service in qualifying judicial office,
Any person to whom this Part applies— shall be entitled during his life to a pension at the appropriate annual rate, actuarially reduced.
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
who has, at the time of that retirement, completed, in the aggregate, at least 5 years’ service in qualifying judicial office,
In any case where— the person shall be entitled during his life to a pension at the appropriate annual rate (and subsection (2) above shall not have effect in relation to that retirement, notwithstanding that the conditions in paragraphs (a) and (b) of that subsection may be satisfied in the particular case).
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
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,
Where the appropriate minister is the Lord Chancellor, he must, before satisfying himself as mentioned in subsection (3)(b)—
consult the Lord Chief of Justice of England and Wales, if the person in question holds office in England and Wales;
consult the Lord Chief of Justice of Northern Ireland, if the person in question holds office in Northern Ireland.
Where a person to whom this Part applies is removed from a qualifying judicial office, his removal from that office shall be treated for the purposes of this Part as his retirement from qualifying judicial office; and if— the person shall be entitled during his life to a pension at the appropriate annual rate, actuarially reduced.
he has not attained the age of 60 at the date of that retirement, and
the appropriate Minister recommends that his accrued rights under this Part should be given immediate effect,
Where a person to whom a pension under this section has commenced to be paid resumes service in qualifying judicial office—
the resumption of service shall not affect his entitlement to payment of the pension for any period before the resumption,
he shall not be entitled to payment of the pension for any period during the resumed service, and
at the end of the period of resumed service— shall be determined (subject to section 4(4) below) as if no pension under this section had previously commenced to be paid to him.
his entitlement (and that of any other person) to a pension or other benefit under this Part, and
the rate or amount of any such pension or other benefit,
A pension under this section shall be payable at such intervals, not exceeding three months, as the Treasury may determine.
For the purposes of this Part—
in determining the length of a person’s period of service in any qualifying judicial office, it is immaterial whether he works full-time or part-time, but if he holds two or more qualifying judicial offices concurrently, no day shall be counted more than once;
in determining the length of a person’s period of service in any qualifying judicial office, there shall be left out of account—
any service in such office before the day on which this Part first applied to him (except to the extent to which it is given effect under or by virtue of section 12 below);
in the case of an office which becomes a qualifying judicial office by virtue of an order under section 1(8) above, any service in that office before the day on which it becomes such an office (except to the extent to which it is given effect under or by virtue of section 12 below);
any service in qualifying judicial office at a time when an election under section 13 below is in force in respect of him; and
any service in such office in respect of which he has taken a cash equivalent in accordance with paragraph 6 of Schedule 2 to this Act;
in any case falling within subsection (3) above where, at the date of the retirement, the person has not attained the age of 65, the aggregate length of his period of service shall (subject to subsection (7A)) be increased by the addition of a period equal in length to one half of that which—
begins immediately after the date of the retirement; and
ends with the day on which he would attain the age of 65;
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;
“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;
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.
In this Act “judicial pension” means a pension under this section.
Subsection (7)(c) does not apply where, at the date of the retirement, the person—
is a member of a scheme under section 1 of the Public Service Pensions Act (Northern Ireland) 2014; and
is entitled under that scheme to early payment of benefits on the grounds of ill-health.
Subsection (7)(c) does not apply where, at the date of retirement, the person—
is a member of a scheme under section 1 of the Public Service Pensions Act 2013; and
is entitled under that scheme to early payment of benefits on the grounds of ill-health.
The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.
The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this section—
the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;
a Lord Justice of Appeal (as defined in section 88 of that Act).
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.
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).
For the purposes of this Act— but paragraphs (a) and (b) above are subject to regulations under subsections (4) and (5) below.
a person’s “pensionable pay” is the greater of the following amounts, that is to say—
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 . . . his participation in the scheme constituted by this Part ceases; and
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;
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 does not exceed the permitted maximum for the tax year in which his participation in the scheme constituted by this Part ceases;
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;
if, in consequence of periods of ill-health, the rate at which a person’s salary in respect of service in any qualifying judicial office is payable to him for any period falling within the three years mentioned in paragraph (a)(ii) above is less than it would have been apart from the periods of ill-health, he shall be treated as if that salary had been payable to him throughout that period at the rate at which it would have been payable, apart from the periods of ill-health;
in determining a person’s salary in respect of his service in qualifying judicial office, there shall be left out of account any part of the salary which is paid on terms which preclude rights to pensions and other benefits accruing by reference to it;
In subsection (3)(b) above “the permitted maximum” means—
in relation to the tax year 2005-06 and any earlier tax year, the permitted maximum within the meaning of section 590C(1) of the Income and Corporation Taxes Act 1988 (earnings cap) as it had effect for the tax year, and
in relation to the tax year 2006-07 and any later tax year, the amount arrived at under subsection (3B) below.
Regulations may make provision for any case where a person to whom this Part applies serves in qualifying judicial office neither— and any such regulations may, in particular, provide for such a person’s pensionable pay and pension-capped salary to be determined for the purposes of this Act as if he had served in his qualifying judicial office (whether full-time or part-time) throughout the whole of the period of twelve months mentioned in paragraph (a) above and had been paid in respect of that service a salary of an amount determined by reference to the annual rate of salary payable in his case in respect of service in that office in that period.
throughout the whole of the period of twelve months mentioned in subsection (3)(a)(i) above; nor
throughout any other such period of twelve consecutive months as is mentioned in subsection (3)(a)(ii) above;
The permitted maximum for the tax year 2006-07 and any later tax year is the permitted maximum for the previous tax year increased (if there is a relevant increase in the retail prices index for the tax year) by the appropriate percentage for the tax year.
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.
There is a relevant increase in the retail prices index for a tax year if the retail prices index for the month of September before the tax year is higher than it was for the previous September.
In this section, “regulations” means regulations made by the appropriate Minister with the concurrence of the Treasury , “retail prices index”, in relation to a month, means— the general index of retail prices (for all items) published by the Statistics Board for the month, or if that index is not published for the month, any substituted index or index figures published by the Board for the month, and “tax year” and “the tax year 2006-07” (and corresponding expressions) have the meanings in section 4 of the Income Tax Act 2007.
And the appropriate percentage for the tax year is the same percentage as the percentage increase in the retail prices index.
But if the result of the application of subsection (3B) above in relation to a tax year would not be a multiple of £600, the permitted maximum for that tax year is what it would be apart from this subsection rounded up to the nearest amount which is such a multiple.
Where a judicial pension commences to be paid to a person, there shall also be paid to him a lump sum of an amount equal to two and one-quarter times the annual rate of the pension.
Where a judicial pension commences to be paid to a person, but he dies so soon thereafter that the aggregate of— falls short of an amount equal to five times the annual rate in force in respect of that pension immediately before his death, including any increases under the Pensions (Increase) Act 1971, his personal representatives shall be granted a lump sum equal to the deficiency.
the sums paid or payable to him on account of that pension, including any increases under the Pensions (Increase) Act 1971, and
the lump sum paid or payable to him under subsection (1) above,
Where a person to whom this Part applies dies while holding qualifying judicial office, a lump sum of an amount equal to twice the amount of his pensionable pay shall be payable— and, in determining a person’s pensionable pay for the purposes of this subsection, his death shall be treated as his retirement from qualifying judicial office.
to the person (if any) nominated by him for the purposes of this subsection by notice in writing to the administrators of the scheme constituted by this Part; or
in default of any such nomination, to his personal representatives;
Subsection (3) does not apply where, at the date of the person’s death—
the person is a member of a scheme under section 1 of the Public Service Pensions Act (Northern Ireland) 2014; and
a lump sum is payable under that scheme on the person’s death.
A person to whom a lump sum is paid under subsection (1) above but who resumes service in qualifying judicial office shall not be required to refund the lump sum; but if the whole or any part of it is not refunded, an amount equal to so much of it as has not been refunded shall be deducted from any lump sum which subsequently becomes payable to or in respect of him under subsection (1), (2) or (3) above.
Subsection (3) does not apply where, at the date of the person’s death—
the person is a member of a scheme under section 1 of the Public Service Pensions Act 2013, and
a lump sum is payable under that scheme on the person’s death.
In any case where— the surviving spouse or surviving civil partner shall be entitled to a pension for life . . . 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.
a person (“the deceased”) to whom this Part applies dies leaving a surviving spouse or surviving civil partner, and
their marriage took place or their civil partnership was formed before the deceased retired from qualifying judicial office,
For the purposes of this Act—
a pension under this section which is payable to a surviving spouse is a “surviving spouse's pension”, and
a pension under this section which is payable to a surviving civil partner is a “surviving civil partner's pension”.
A pension under this section shall be payable at such intervals, not exceeding three months, as the Treasury may determine.
If— the Treasury may, on or at any time after the marriage or the formation of the civil partnership, direct that the pension shall cease to be payable.
the surviving spouse re-marries or forms a civil partnership, or
the surviving civil partner marries or forms a subsequent civil partnership,
Where a direction has been given under subsection (3) above, the Treasury may at any time direct that payment of the pension is to be resumed.
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.
For the purposes of this section, “the annual rate of the deceased’s judicial pension” means—
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;
where a judicial pension under subsection (2) or (4) of that section had commenced to be paid to the deceased, the appropriate annual rate of that pension, as actuarially reduced under that section;
where no judicial pension had commenced to be paid to the deceased, the rate that would have been the appropriate annual rate of his judicial pension under subsection (3) of that section—
had he not died, but retired from qualifying judicial office on the date of death; and
had the appropriate Minister been satisfied in his case as mentioned in paragraph (b) of that subsection.
Schedule 1A to this Act (which makes transitional provision in relation to surviving civil partners' pensions) shall have effect.
In a case within subsection (6)(c), section 2(7)(c) (deemed increase in period of service) is to be disregarded in determining the rate that would have been the appropriate annual rate of the deceased’s pension if, at the date of death—
the deceased was a member of a scheme under section 1 of the Public Service Pensions Act (Northern Ireland) 2014, and
under that scheme, benefits are payable on the deceased’s death to a widow, widower or surviving civil partner of the deceased.
In a case within subsection (6)(c), section 2(7)(c) (deemed increase in period of service) is to be disregarded in determining the rate that would have been the appropriate annual rate of the deceased’s pension if, at the date of death—
the deceased was a member of a scheme under section 1 of the Public Service Pensions Act 2013, and
under that scheme, benefits are payable on the deceased’s death to a widow, widower or surviving civil partner of the deceased.
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”).
The persons who, for the purposes of this Part, are the “eligible children” of the deceased at any time are— who are for the time being in their period of childhood and full-time education.
any natural children of the deceased,
any step-children of the deceased,
any children adopted by the deceased before his retirement from qualifying judicial office, and
any children adopted by the deceased after his retirement from qualifying judicial office and in respect of whom a direction is given under subsection (5) below,
Only one children’s pension shall be granted in respect of the service of any one person, but—
the rate of the pension shall vary in accordance with section 8 below, according to the number of his eligible children for the time being;
the pension shall be paid to such person or persons as the Treasury may from time to time direct, and different parts of the pension may be directed to be paid to different persons; and
the person to whom all or any part of the pension is paid shall apply the sum paid to him, without distinction, for the benefit of all the persons who are for the time being eligible children of the deceased or, as the case may be, for the benefit of such of them as the Treasury may from time to time direct.
A children’s pension—
shall be paid so long as and whenever there are eligible children of the deceased; and
shall be payable at such intervals, not exceeding three months, as the Treasury may determine.
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—
that the deceased had, before his retirement from qualifying judicial office, formed the intention of adopting the child; and
that, immediately before that retirement, the child was wholly or mainly dependent on the deceased.
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.
In this section, “step-children of the deceased” means—
any children who—
are the natural children of a person who at any time was married to, or the civil partner of, the deceased, and
at the time of the marriage or the formation of the civil partnership, either had been born or were in gestation;
any children adopted by such a person before the marriage to, or the formation of the civil partnership with, the deceased; and
any children adopted by such a person after the marriage to, or the formation of the civil partnership with, the deceased in a case where the adoption proceedings were pending at the time of the marriage or the formation of the civil partnership.
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.
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—
he has not attained the age of 16;
he is receiving full-time instruction at any university, college, school or other educational establishment; or
he is undergoing training by any person (“the employer”) for any trade, profession or vocation in such circumstances that—
he is required to devote the whole of his time to the training for a period of not less than two years; and
while he is undergoing the training, the emoluments receivable by him, or payable by the employer in respect of him, do not exceed the maximum allowable remuneration, disregarding for this purpose any emoluments receivable or payable by way of return of any premium paid in respect of the training.
A person shall not be regarded for the purposes of this section as coming within paragraph (b) or (c) of subsection (1) above at any time unless he has come within one or other of those paragraphs at all times since he attained the age of 16.
Where there is a period during which a person comes within neither paragraph (b) nor paragraph (c) of subsection (1) above, then, if the Treasury think fit and are satisfied that the person’s full-time education ought not to be regarded as completed, they may direct either—
that that period shall be disregarded for the purposes of subsection (2) above; or
that the person shall be regarded for the purposes of this section as having come within paragraph (b) or (c) of subsection (1) above throughout that period.
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 appointed day” means the day appointed under section 31 below for the coming into force of this section;
section 2A(3) of the Resident Magistrates’ Pensions Act (Northern Ireland) 1960;
“surviving civil partner's pension” has the meaning given by section 5 above;
“the 1975 Act” means the Social Security (Northern Ireland) Act 1975.
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.
Where the deceased leaves no surviving spouse or surviving civil partner, the annual rate of a children’s pension shall be—
while the eligible children of the deceased are two or more in number, two-thirds of the annual rate of the deceased’s judicial pension; and
while there is only one eligible child of the deceased, one-third of the annual rate of the deceased’s judicial pension.
Where the deceased leaves a surviving spouse or surviving civil partner, the annual rate of a children’s pension during the life of the surviving spouse or surviving civil partner shall be— and the annual rate of the children’s pension after the death of the surviving spouse or surviving civil partner shall be the rate specified in paragraph (a) or, as the case may be, paragraph (b) of subsection (1) above.
while the eligible children of the deceased are two or more in number, one-half of the annual rate of the deceased’s judicial pension; and
while there is only one eligible child of the deceased, one-quarter of the annual rate of the deceased’s judicial pension;
Where the deceased— 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 or surviving civil partner has a spouse or civil partner.
leaves a surviving spouse who re-marries or forms a civil partnership, or
leaves a surviving civil partner who marries or forms a subsequent civil partnership,
“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.
Section 5(7) accordingly applies for the purposes of this section in a case within section 5(6)(c), but as if the reference in section 5(7)(b) to the benefits payable on the deceased’s death included a reference to benefits payable to surviving dependants of the deceased.
Such contributions as may be prescribed by regulations made for the purposes of this section shall be made towards the cost of the liability for any pension or pensions under sections 5 to 8 above in respect of a person’s service in qualifying judicial office.
No contribution shall be made by a person for any period of service during which an election under section 13 below is in force in respect of him.
The prescribed contributions shall be in the form of deductions from the salary payable in respect of the service.
In the case of persons to whom this Part applies by virtue of section 1(1)(b), (c) , (d) or (e) above or in the case of persons to whom this Part applies by virtue of paragraph 11(4) of Schedule 9 to the Tribunals, Courts and Enforcement Act 2007, the prescribed contributions may (notwithstanding subsection (3) above) be in the form of either— or partly in one of those forms and partly in the other.
deductions from the salary payable in respect of the service, or
a reduction of any lump sum payable under section 4 above in respect of the service,
The power to make regulations under this section shall be exercisable by the appropriate Minister with the concurrence of the Treasury.
Regulations may make provision—
entitling any person to whom this Part applies to make voluntary contributions towards the cost of the provision of additional benefits, whether under the scheme constituted by this Part or otherwise; or
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.
Regulations may make provision for the purpose of imposing, in a case where a person to whom this Part applies makes voluntary contributions, upper limits with respect to— and, without prejudice to the generality of paragraph (b) above, any such regulations may, in particular, impose such an upper limit on the amount which a person may pay by way of voluntary contributions as will, so far as reasonably practicable, secure that the aggregate value referred to in paragraph (a) above will not exceed the limit prescribed under that paragraph.
the aggregate value of the aggregable benefits which may be paid to or in respect of any such person; and
the amount which any such person may pay by way of such contributions;
Regulations may—
prescribe the manner in which aggregable benefits are to be valued for the purpose of any such aggregation as is mentioned in subsection (2) above;
confer on the administrators of the scheme constituted by this Part power to require a person to whom this Part applies who is making, or who wishes to make, voluntary contributions to provide such information as they may require concerning any retained benefits of his;
permit the disclosure by those administrators of any information which they may obtain concerning any such retained benefits—
to, or to any officers of, the Commissioners of Inland Revenue; or
to, or to any servants or agents of, any authorised provider who is, or may be, concerned in the investment of the voluntary contributions or the provision of the additional benefits in question.
Regulations— but paragraphs (c) and (d) above have effect only in relation to a voluntary contributions scheme constituted by or under this Part.
may not prohibit the payment of voluntary contributions;
may not impose any limit on the amount which a person may pay by way of voluntary contributions, other than . . . —
such upper limit as may be imposed by virtue of subsection (2)(b) above; . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
must secure that any voluntary contributions paid by a person are used to provide additional benefits for or in respect of him; and
must secure that the value of such additional benefits is reasonable, having regard to—
the amount paid by way of voluntary contributions;
the value of the other benefits provided under the scheme constituted by this Part; and
the general value of benefits available to a person under any contract of life insurance entered into by him with an insurer;
Regulations may, in particular—
provide that the value of additional benefits offered on payment of voluntary contributions shall be determined in accordance with prescribed rules based on tables prepared for the purposes of the regulations by the Government Actuary;
prescribe the manner in which it is to be determined in any case whether the amount of a person’s contributions exceeds any such limit as is mentioned in subsection (4)(b) above;
provide for any administrative expenses incurred by any person by virtue of this section to be defrayed out of sums received by way of voluntary contributions;
provide for the manner in which voluntary contributions are to be made;
make provision for, and in connection with, the valuation of a person’s accrued rights—
under any occupational or personal pension scheme, which are to be transferred into a voluntary contributions scheme, or
under any voluntary contributions scheme, which on termination of his membership of that scheme may fall to be transferred into another scheme;
prescribe the additional benefits which are to be available under a voluntary contributions scheme and the rates and times at which those benefits are to be payable;
make provision for and in connection with the making of elections between different benefits available under voluntary contributions schemes;
provide for the terms on which a person may terminate his membership of a voluntary contributions scheme;
provide for the terms on which surplus funds may be refunded to a person who has made payments by way of voluntary contributions to a voluntary contributions scheme;
specify any authorised providers— and, if two or more authorised providers are so specified, may make provision entitling any person who makes prescribed payments by way of voluntary contributions to elect between those authorised providers.
who are to invest any prescribed voluntary contributions, or
who are to provide any prescribed additional benefits,
Regulations may provide for such additional benefits arising under or by virtue of this section as may be prescribed—
to be charged on, and paid out of, the Consolidated Fund; or
to be paid out of money provided by Parliament.
The power to make regulations under this section shall be exercisable by the appropriate Minister with the concurrence of the Treasury.
In this section— 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.
The following enactments (which correspond to section 33A of the 1981 Act), that is to say— shall be amended in accordance with the following provisions of this paragraph. In subsection (1), after the word “provision” there shall be inserted “ (a) ” and for the words “under the scheme” there shall be substituted the wordswhether under the scheme or otherwise; or After that subsection there shall be inserted— (ii) At the end of that subsection there shall be added the words—
“the corresponding provisions” means— and, in the case of any other judicial pension scheme, any provision of that scheme which confers a right on a person to elect that this Part shall not apply to him;
“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;
“derivative benefit” means a lump sum under section 4 above or a surviving spouse’s , surviving civil partner's or children’s pension;
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In subsection (8), the definitions of “authorised provider” and “insurer” must be read with—
section 22 of the Financial Services and Markets Act 2000;
any relevant order under that section; and
Schedule 2 to that Act.
Without prejudice to section 29(6) below, regulations under this section may make different provision for different classes or descriptions of voluntary contributions scheme.
Without prejudice to subsections (5)(c) and (d) and (6) above, there may be paid out of money provided by Parliament—
any sums required for or in connection with the operation or administration of any prescribed voluntary contributions scheme; or
any administrative expenses incurred under or by virtue of this section by a Minister of the Crown or government department.
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Any sums received under this section may be paid into the Consolidated Fund.
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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.
The prescribed contributions are to be—
made by the person to or in respect of whom the relevant benefits are to be, or may be, provided;
made for the person's period of service in qualifying judicial office;
in the form of deductions from the salary payable for that service.
But no contribution is to be made by a person—
for any period of service during which an election under section 13 is in force in respect of the person;
for any period of service after the person has completed, in the aggregate, 20 years' service in qualifying judicial office;
for any other prescribed period of service;
in any prescribed circumstances.
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).
In this section—
“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;
“surviving spouse’s pension” has the meaning given by section 5 above.
section 2A(3) of the Lands Tribunal and Compensation Act (Northern Ireland) 1964;
Where this Part applies, or would, apart from section 13 below, apply, to a person—
no other judicial pension scheme, apart from—
any scheme established by regulations under section 10 above which may fall to be regarded as a judicial pension scheme, and
the scheme constituted by section 19 below, shall have effect in relation to him; and
no pension or lump sum under any such scheme shall be paid to or in respect of him.
Subsection (1) above is without prejudice to a person’s accrued rights to benefit under any such scheme in respect of service before the relevant day; and, in the case of a person to whom this Part applies, any such rights which he may have shall accordingly be given effect in accordance with section 12 below.
Subsections (1) and (2) above shall not— unless at least some of that service was in qualifying judicial office.
preclude the payment of a pension or other benefits under— in respect of service before the relevant day, or
the principal civil service pension scheme, or
the principal civil service pension scheme for the civil service of Northern Ireland,
affect any rights to a pension or other benefits under either of those schemes in respect of such service,
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.
This section does not prevent a scheme under section 1 of the Public Service Pensions Act 2013 having effect in relation to a person.
This section does not prevent a scheme under section 1 of the Public Service Pensions Act (Northern Ireland) 2014 having effect in relation to a person.
Where this Part begins to apply to a person by virtue of paragraph (b), (c) , (d) or (e) of section 1(1) above or by virtue of paragraph 11(4) of Schedule 9 to the Tribunals, Courts and Enforcement Act 2007—
any relevant rights of his shall be transferred to the scheme constituted by this Part; and
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the rights so transferred; and
his service in qualifying judicial office on or after the relevant day.
Regulations may make provision— and, without prejudice to the generality of paragraph (b) above, regulations under that paragraph may provide for those rights to be so given effect by crediting the person in question with such service on or after the relevant day as may be prescribed.
for calculating, whether by actuarial assessment or otherwise, the amount or value of the rights transferred under subsection (1) above, and
prescribing the manner in which those rights are to be given effect under this Part,
For the purposes of this section—
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
rights under— shall not be regarded as relevant rights for the purposes of this section unless at least some of the person’s service which was subject to the scheme in question was service in qualifying judicial office and, in that event, all his rights under that scheme shall be regarded as relevant rights.
the principal civil service pension scheme, or
the principal civil service pension scheme for the civil service of Northern Ireland,
In this section—
section 1 of the Pension Schemes Act 1993, or
Where this Part— any relevant public service pension rights of his shall be transferred to the scheme constituted by this Part.
begins, on or after the day on which this section comes into force, to apply to a person by virtue of section 1(1)(d) above, or
begins to apply to a person—
by virtue of section 1(1)(e) above, or
by virtue of paragraph 11(4) of Schedule 9 to the Tribunals, Courts and Enforcement Act 2007,
Where a person's rights under a public service pension scheme are transferred under subsection (1) above—
that scheme shall no longer have effect in relation to him, and
no pension or lump sum under the scheme shall be paid to or in respect of him.
Regulations may make provision—
for calculating, whether by actuarial assessment or otherwise, the amount or value of the rights transferred under subsection (1) above, and
prescribing the manner in which those rights are to be given effect under this Part.
Without prejudice to the generality of paragraph (b) of subsection (3) above, regulations under that paragraph may provide for rights transferred under subsection (1) above to be given effect by crediting the person in question with such service, on or after the day on which this Part first applies to the person, as may be prescribed.
For the purposes of this section, a persons's “relevant public service pension rights” are the person's accrued rights to benefit under any public service pension scheme, but this is subject to subsections (6) to (8) below.
A person's rights under a public service pension scheme are not “relevant public service pension rights” if the scheme is a judicial pension scheme other than—
the principal civil service pension scheme, or
the principal civil service pension scheme for the civil service of Northern Ireland.
A person's rights— are not “relevant public service pension rights” if they are transferred under section 12 above.
under the principal civil service pension scheme, or
under the principal civil service pension scheme for the civil service of Northern Ireland,
A person's rights under a public service pension scheme are not “relevant public service pension rights” unless at least some of his service which was subject to the scheme was qualifying tribunal service and, in that event, all of his rights under the scheme shall be regarded as relevant public service pension rights.
In this section—
A person to whom this Part applies, or to whom it would apply but for this section, may at any time serve on the appropriate Minister a written notice of election that this Part should not apply to him.
identify the personal pension scheme in question; and
be expressed to take effect on a date not less than three months after service of the notice;
A person appointed to a qualifying judicial office may, at any time before beginning to serve in that office, serve on the appropriate Minister a written notice of election that this Part should not apply to him in relation to that office.
An election made by a person under this section— and, in accordance with section 2(7)(b)(iii) above, any service of his in qualifying judicial office while the election is in force shall be left out of account in determining the length of his service in such office for the purposes of this Part.
shall be irrevocable, except as provided by the following provisions of this section; and
shall not affect any rights of his which accrued under this Part before the election comes into force;
An election under this section—
if made by notice under subsection (1) above, shall take effect on the date specified in the notice, which shall be not less than one month after service of the notice;
if made by notice under subsection (1A) above, shall take effect when the person appointed begins to serve in that office.
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.
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.
A person’s election under this section shall cease to be in force on his date of re-admission.
An applicant under subsection (3) above shall— as may be reasonably required by the appropriate Minister.
provide such evidence relating to his health, and
submit to any such medical examination,
The appropriate Minister shall give written notice of his decision on an application under subsection (3) above to the applicant not later than three months after service of the application.
Where an election (whenever made) under any of the corresponding provisions is in force in respect of a person on the relevant day— but if, on an application under subsection (3) above in relation to the election, the appropriate Minister directs that this Part shall apply to that person, the election shall, in accordance with subsection (5) above, cease to be in force for the purposes of this Part (as well as for those of the Act or instrument containing the corresponding provision), paragraphs (a) and (b) above shall cease to have effect in relation to it, and the application shall have effect as the applicant’s election under section 1(2) above.
the election shall have effect for the purposes of this Part, and shall continue in force, as if made under this section; and
if and so long as the election remains in force, the person shall be precluded from making an election under section 1(2) above;
In this section—
“the 1969 Act” means the Superannuation (Miscellaneous Provisions) Act (Northern Ireland) 1969;
“ but paragraphs (c) and (d) have effect only in relation to a voluntary contributions scheme constituted by or under this Act. ” In subsection (3) (regulations about valuation of benefits etc)— At the end of that subsection there shall be added— Subsection (4) (limitation of voluntary contributions by reference to maximum entitlement of members) shall be omitted and before subsection (5) there shall be inserted— After subsection (6) there shall be added—
a pension under section 2;
“ 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. ” In subsection (3) (regulations about valuation of benefits etc)— At the end of that subsection there shall be added— Subsection (4) (limitation of voluntary contributions by reference to maximum entitlement of members) shall be omitted and before subsection (5) there shall be inserted— After subsection (5) there shall be inserted— After subsection (8) there shall be added—
“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—
“scheme” means the relevant occupational pension scheme constituted by Part I or section 19 of this Act.
Entitlement to, and the rate or amount of, any judicial pension or derivative benefit payable under this Part to or in respect of a person whose rights are transferred under section 12 or 12A above shall be determined by reference to—
any rights of his that are transferred under section 12 above,
any rights of his that are transferred under section 12A above, and
his service in qualifying judicial office on or after the day on which this Part first applies to him.
Not more than one pension shall be paid under section 2 above and the Lord Chancellor’s Pension Act 1832 to a person to whom this Part applies who has also held the office of Lord Chancellor.
In determining the appropriate annual rate of a pension payable under section 2 above to such a person as is mentioned in subsection (1) above who either— the length of his service in qualifying judicial office shall be treated as increased by the aggregate length of his periods of service in the office of Lord Chancellor (excluding any day of service in that office which is also a day of service in qualifying judicial office).
was holding the office of Lord Chancellor immediately before the appointed day, or
first held that office on or after that day,
Where a pension under the Lord Chancellor’s Pension Act 1832 is, or would, but for his death, have been, paid to such a person as is mentioned in subsection (1) above (so that no derivative benefits are payable to or in respect of him under this Act) Part II of the 1981 Act shall continue to have effect with respect to the derivative benefits, within the meaning of that Part, which are payable to or in respect of him by virtue of his service in the office of Lord Chancellor, and shall do so notwithstanding anything in section 11 or 12 above.
Except as provided by subsection (3) above, no pension or other benefit shall be paid under that Part of that Act to or in respect of a person to whom this Part applies.
Subject to sections 1(8) above and 21 below and to any regulations under section 38 or 39A of the Superannuation Act 1965 (employment in more than one public office), nothing in this Part shall apply in relation to the pensions and other benefits payable to or in respect of a person in respect of his service as a Circuit judge by virtue of holding the office of Recorder of London or Common Serjeant; and accordingly—
those matters shall continue to be provided for as mentioned in section 7 of the City of London (Courts) Act 1964 (remuneration, pensions and other benefits in respect of those offices to be defrayed by the Common Council); and
service as a Circuit judge by virtue of holding either of those offices shall not be regarded as service in qualifying judicial office.
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— shall be left out of account.
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);
section 137 or 139 of the Pension Schemes (Northern Ireland) Act 1993 (corresponding Northern Ireland provisions);
Where a marriage or civil partnership which is voidable, but not void from the beginning, is annulled by any court, the same results shall follow under this Part as would have followed if the marriage or the civil partnership had not been voidable but had been dissolved at the date of the annulment.
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For the purposes of Chapter I of Part XIV of the Income and Corporation Taxes Act 1988 (retirement benefit schemes) the provisions of this Part shall be regarded as amendments, for such persons as are mentioned in section 1(1) above, of the statutory schemes constituted by or under the 1981 Act; and, accordingly, any scheme constituted by this Part—
shall be taken to have been established before 14th March 1989; and
is a relevant statutory scheme for the purposes of that Chapter.
Expressions used in this section and in Chapter I of Part XIV of the Income and Corporation Taxes Act 1988 have the same meaning in this section as they have in that Chapter.
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.
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.
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—
section 1 of the Public Service Pensions Act 2013, or
section 1 of the Public Service Pensions Act (Northern Ireland) 2014 (c. 2).
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Regulations under this section may, in particular, include provision corresponding or similar to—
any provision made by Part 1, section 20 or Schedule 2 or 2A;
any provision that may be made by regulations under Part 1, section 20 or Schedule 2 or 2A.
In this section—
This section applies in any case where— but nothing in this subsection applies in relation to any additional benefits provided under section 10 above.
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
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;
Where this section applies, payments by way of pension or lump sum shall be made to or in respect of the judicial officer amounting to the difference between—
the rate or amount payable in respect of the pension or lump sum referred to in subsection (1) above; and
the rate or amount that would have been payable in respect of that pension or lump sum, 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.
No contributions shall be payable under or by virtue of section 9 above in respect of the cost of the liability to make payments under this section.
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which is separate and distinct from any such scheme constituted by Part I above (or by any other enactment or instrument); and
which is not capable of being a relevant statutory scheme, within the meaning of that Chapter.
The appropriate Minister may by regulations make provision for implementing this section; and any such regulations may, in particular, make provision—
for or with respect to the calculation of benefits under this section;
for or with respect to the time at which and method by which payments under this section are to be made.
If any person to whom this section applies is aggrieved by any decision taken by the administrators of a relevant pension scheme concerning— he shall have a right of appeal to the appropriate Minister against that decision.
the interpretation of the rules of the scheme, or
the exercise of any discretion under the scheme,
On deciding an appeal under this section, the appropriate Minister may give to the administrators such directions as he considers necessary or expedient for implementing his decision.
The persons to whom this section applies are the following—
any person to whom Part I above applies or has applied;
the widow, widower or surviving civil partner, or any surviving dependant, of a person who served in qualifying judicial office but who has died; and
where the decision relates to the question— the person so claiming.
whether a person who claims to be such a person as is mentioned in paragraph (a) or (b) above is such a person, or
whether a person who claims to be entitled to become a person to whom Part I above applies is so entitled,
Regulations may make provision as to the manner in which, and time within which, appeals under this section are to be brought.
The administrators shall be entitled to appear and be heard on any appeal under this section.
In this section—
section 116A(3) of the County Courts Act (Northern Ireland) 1959;
Chairman of the Criminal Injuries Compensation Board incorporated under section 108(1) of the Criminal Justice Act 1988 Chairman of the Foreign Compensation Commission Chairman of the Scottish Land Court President of the Industrial Court appointed in pursuance of Article 91 of the Industrial Relations (Northern Ireland) Order 1992
This section applies in any case where—
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
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.
Where this section applies, the appropriate Minister may by order made with the consent of the Treasury—
provide for the local authority to be discharged, to such extent as may be prescribed, from the liability to pay pensions or other benefits in respect of such service in the office as may be prescribed; and
require the local authority instead to make prescribed payments to the Treasury.
In framing the provisions of an order under subsection (2) above, regard shall be had to the desirability of securing so far as reasonably practicable—
that the payments required to be made by the local authority are such as to reimburse the Treasury in respect of so much of— 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
any pension or lump sum payable under Part I above, or
any sums payable by way of pension or lump sum under section 19 above,
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.
In this section—
Nothing in this section applies in relation to any pension or other benefits payable under or by virtue of section 10 above.
This section is without prejudice to the generality of section 29 below.
In the Pensions (Increase) Act 1971, in Schedule 2 (which specifies the pensions and other benefits which fall to be increased under or by virtue of that Act) after paragraph 4 (and beneath the heading relating to the administration of justice) there shall be inserted—
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) ”.; and
pensions payable under a scheme made under section 18A above, other than pensions payable under or by virtue of provision that is corresponding or similar to the provision that may be made by regulations under section 10 above.
In subsection (2) above, “pensions” has the same meaning as it has in the Pensions (Increase) Act 1971.
Schedule 2 to this Act shall have effect with respect to the transfer of accrued rights into and out of the pension schemes constituted by Part I or section 19 above (other than any such transfer which falls to be made under section 12 or 12A above).
Schedule 2A to this Act shall have effect with respect to the creation and implementation of pension credits affecting a pension scheme constituted by Part I or Section 19 of this Act.
Schedule 3 to this Act (which makes certain minor amendments corresponding to provisions of this Act) shall have effect.
The amendments made by Schedule 4 to this Act shall have effect, as from the coming into force of this section, with respect to the pensions and other benefits payable to or in respect of a person (whenever appointed) who holds, or has held, any one or more of the following offices, that is to say—
Comptroller and Auditor General;
Parliamentary Commissioner for Administration;
Health Service Commissioner for England;
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Health Service Commissioner for Wales;
Comptroller and Auditor General for Northern Ireland;
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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 75 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.
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.
Subject to the transitional provision referred to in subsection (11) below, subsection (1) above applies whether the person was appointed to the office before or after the coming into force of this section; but nothing in this Act, or in any amendment made by it, shall be taken—
to preclude a person from vacating his office before the compulsory retirement date for that office in his case; or
to prevent a person’s appointment to an office coming to an end before that date, in accordance with the terms on which he was appointed.
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Lord of Appeal in Ordinary;
judge of the Supreme Court of England and Wales;
Lord President of the Court of Session, Lord Justice Clerk or other judge of the Court of Session;
Lord Chief Justice of Northern Ireland or Lord Justice of Appeal, or judge of the High Court, in Northern Ireland.
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by virtue of subsection (5) above, or
by any previous exercise of the power conferred by this subsection,
After the day on which a person attains the age of 75, he shall not hold any relevant office nor shall he— and this subsection applies whether or not the person was invited to act as a judge, or was appointed to the office in question, or to some other office by virtue of which he would (apart from this subsection) hold the office in question, before the appointed day.
be a member of the Judicial Committee of the Privy Council . . . ;
act as a judge of the Supreme Court under section 38 of the Constitutional Reform Act 2005;
act as a judge under or by virtue of section 9(1) of the Senior Courts Act 1981;
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sit and act as a judge under or by virtue of section 7 of the Judicature (Northern Ireland) Act 1978;
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hold any office—
to which appointments are made by or under any Act or statutory instrument;
for which there would, apart from this paragraph, be no compulsory retirement date; and
for appointment to which only persons who have held relevant office are eligible;
After the day on which a person attains the age of 75, he shall not be appointed or re-appointed as—
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an assessor assisting with an inquiry under section 61 of the Merchant Shipping Act 1995;
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an arbitrator, or (in Scotland) an arbiter, under paragraph 9(2) of Schedule 10 to the Electricity Act 1989;
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The appropriate Minister may by order—
amend Schedule 5 to this Act by adding offices to those for the time being specified in that Schedule; or
amend subsection (8) above by adding offices to those for the time being specified in that subsection.
As from the appointed day, the enactments and instruments mentioned in Schedule 6 to this Act shall have effect with the amendments specified in that Schedule; but those amendments are subject to section 27 below and Schedule 7 to this Act.
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subsections (1) and (3) above are subject to the provisions of that Schedule; and
any reference in this section to the compulsory retirement date for an office shall be construed in accordance with those provisions.
In this section— and any reference to vacating an office includes a reference to retiring from it.
“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—
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Notwithstanding that a person has vacated or otherwise ceased to hold an office to which this section applies— but nothing in this subsection shall authorise him to do anything if he ceased to hold the office by virtue of his removal from it.
he may act as if he had not ceased to hold the office for the purpose of continuing to deal with, giving judgment in, or dealing with any ancillary matter relating to, any case begun before him before he ceased to hold that office; and
for that purpose, and for the purpose of any proceedings arising out of any such case or matter, he shall be treated as being or, as the case may be, as having been a holder of that office;
Where a person has vacated or otherwise ceased to hold a qualifying judicial office but the office in question is one to which this section applies, then, notwithstanding anything in subsection (1) above, any remuneration that may be paid in respect of service of his in that office by virtue of that subsection shall be remuneration by payment of fees (and not a salary) and accordingly that service shall not be regarded as service in qualifying judicial office.
The offices to which this section applies are—
any relevant office, within the meaning of section 26 above;
any office falling within any of the paragraphs of subsection (7) of that section;
Queen’s Coroner and Attorney and Master of the Crown Office and Registrar of Criminal Appeals;
Vice Judge Advocate General;
Assistant Judge Advocate General;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Chairman of the Criminal Injuries Compensation Board.
Chief Coroner;
Deputy Chief Coroner;
senior coroners, area coroners and assistant coroners;
traffic commissioners.
If and to the extent that any prohibition imposed by subsection (7) of section 26 above would not, apart from this subsection, be regarded as a prohibition on the holding of an office, it shall be treated for the purposes of this section as if it were such a prohibition, and references in this section to office, or to vacating or otherwise ceasing to hold office, shall be construed accordingly.
There shall be charged on, and paid out of, the Consolidated Fund—
any pension or lump sum under Part I above payable to or in respect of a person who has held any of the qualifying judicial offices specified in Part I of Schedule 1 to this Act; and
any payments by way of pension or lump sum authorised under section 19 above to be made to or in respect of such a person.
Except as provided by subsection (1) above— shall be met out of money provided by Parliament.
any pension or lump sum payable under Part I above,
any pension or other benefits payable under a scheme made under section 18A above, and
any payment authorised to be made under section 19 above,
There shall be charged on, and paid out of, the Consolidated Fund any increase attributable to the provisions of this Act in the sums charged on, and payable out of, that Fund by or under any other enactment.
There shall be paid out of money provided by Parliament any increase attributable to this Act in the sums payable out of money so provided under any other enactment.
Any administrative expenses incurred under this Act by a Minister of the Crown or government department shall be defrayed out of money provided by Parliament.
Any sums received by the Treasury under section 21 above shall be paid into the Consolidated Fund.
Nothing in this section applies in relation to any pension or other benefits payable under or by virtue of —
section 10 above, or
provision made under section 18A above that is corresponding or similar to the provision that may be made by regulations under section 10 above.
The Lord Chancellor and the Department of Justice in Northern Ireland may make arrangements under which the Department is to make contributions to the cost of the liabilities under this Act for pensions, lump sums or other payments in respect of persons' service in qualifying judicial office in Northern Ireland or as a fee-paid judge in Northern Ireland (within the meaning given by section 18A) .
Any power conferred by this Act to make regulations or an order shall be exercisable by statutory instrument.
A statutory instrument which contains (whether alone or with other provisions) regulations or an order under this Act, other than regulations under section 18A above or an order under section 31(2) below, shall be subject to annulment in pursuance of a resolution of either House of Parliament.
A statutory instrument which contains regulations under section 18A may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
Any power conferred by this Act to make regulations or an order includes power, exercisable in the same manner, to make such transitional, consequential, supplementary or incidental provision or savings as may appear to the authority making the regulations or order to be necessary or expedient for the purposes of, or in connection with, the regulations or order.
The provision that may be made under or by virtue of subsection (3) above includes provision modifying the operation of this Act or any other enactment.
The amendment by this Act of any provision contained in regulations or an order shall not be taken to have prejudiced any power to make further regulations or orders amending or revoking that provision.
Regulations and orders under this Act may make different provision for different cases or classes of case.
In this Act—
For the purposes of section 26(12)(f), (16) and (17), and the related entry in Schedule 5, “Scottish Tribunals” or “President of Tribunals” is to be construed in accordance with the Tribunals (Scotland) Act 2014.
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.
For the purposes of this Act, a person shall be regarded as vacating, or retiring from, an office at the end of the last day of his service in that office.
Any reference in this Act to a pension or lump sum, or any salary or other money, being paid or payable to a person includes a reference to its being paid or payable for him.
In determining for any purpose of this Act the accrued rights of a person under a judicial pension scheme which confers a power (but does not expressly impose a duty) to pay a pension or other benefit under the scheme, it shall be assumed that there is a duty to exercise the power (and to do so in such a way as will provide the greatest pension or other benefit authorised to be paid).
Where a calculation falls to be performed under this Act, any resulting fraction of £1 shall be rounded up to the next whole £1.
This Act may be cited as the Judicial Pensions and Retirement Act 1993.
The provisions of this Act shall come into force on such day as the appropriate Minister may by order made by statutory instrument appoint; and different days may be appointed for different provisions or for different purposes of the same provision.
The enactments and instruments mentioned in Schedule 8 to this Act shall have effect with the amendments there specified (being minor amendments and amendments consequential on the provisions of this Act).
The enactments and instruments specified in Schedule 9 to this Act are repealed or revoked to the extent specified in the third column of that Schedule.
Section 21 above extends to England and Wales only.
The amendments, repeals and revocations in section 22 above and Schedules 3, 4, 6, 8 and 9 to this Act have the same extent as the enactment or instrument to which they relate.
Subject to subsections (5) and (6) above, this Act extends to Northern Ireland.
Section 1.
Judge of the Supreme Court Lord Chief Justice of England Master of the Rolls Lord President of the Court of Session Lord Chief Justice of Northern Ireland Lord Justice Clerk Lord Justice of Appeal (in England and Wales or Northern Ireland) President of the Queen's Bench Division President of the Family Division Chancellor of the High Court High Court Judge (in England and Wales or Northern Ireland) Judge of the Court of Session Recorder of London Common Serjeant Circuit judge Sheriff Principal, sheriff or summary sheriff in Scotland County Court Judge in Northern Ireland District Judge (Magistrates’ Courts) Stipendiary Magistrate (in England and Wales or Scotland) Resident Magistrate appointed under the Magistrates’ Courts Act (Northern Ireland) 1964.
Master, Queen’s Bench Division Queen’s Coroner and Attorney and Master of the Crown Office and Registrar of Criminal Appeals Admiralty Registrar Master, Chancery Division Registrar in Bankruptcy of the High Court Insolvency and Companies Court Judge Taxing Master of the Senior Courts District Judge of the Principal Registry of the Family Division Registrar of civil appeals . . . District judge Coroner appointed under section 2(1) of the Coroners Act (Northern Ireland) 1959 Any of the offices from time to time specified in column 1 of Schedule 3 to the Judicature (Northern Ireland) Act 1978 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Chief or other Social Security Commissioner, excluding appointments in pursuance of paragraph 1(2) of Schedule 4 to the Social Security Act 1998 Chief or other Social Security Commissioner for Northern Ireland, excluding appointments in pursuance of section 50(2) of the Social Security Administration (Northern Ireland) Act 1992 . . . Chief or other Child Support Commissioner for Northern Ireland, excluding appointments in pursuance of paragraph 4 of Schedule 4 to the Child Support Act 1991 as that paragraph has effect by virtue of paragraph 8 of that Schedule President of appeal tribunals (within the meaning of Chapter I of Part I of the Social Security Act 1998), appointed under section 5 of that Act President of appeal tribunals (within the meaning of Chapter I of Part II of the Social Security (Northern Ireland) Order 1998) appointed under Article 6 of that Order Chairman of social security appeal tribunals, medical appeal tribunals and disability appeal tribunals Chairman of social security appeal tribunals, medical appeal tribunals and disability appeal tribunals in Northern Ireland . . . . . . President of the Employment Tribunals (England and Wales) President of the Employment Tribunals (Scotland) President or Vice-President of the Industrial Tribunals and the Fair Employment Tribunal, appointed under Article 82 of the Fair Employment and Treatment (Northern Ireland) Order 1998 Employment Judge appointed in pursuance of regulations under section 1(1) of the Employment Tribunals Act 1996 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 President or other member of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . the Lands Tribunal for Scotland or the Lands Tribunal for Northern Ireland President of the Competition Commission Appeal Tribunals President of the Competition Appeal Tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chairman of the Mental Health Review Tribunal for Wales President of the Mental Health Review Tribunal for Wales President or Deputy President of the Pensions Regulator Tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Judge or other member of the First-tier Tribunal appointed under paragraph 1(1) or 2(1) of Schedule 2 to the Tribunals, Courts and Enforcement Act 2007 Judge or other member of the Upper Tribunal appointed under paragraph 1(1) or 2(1) of Schedule 3 to the Tribunals, Courts and Enforcement Act 2007 Transferred-in judge, or transferred-in other member, of the First-tier Tribunal or of the Upper Tribunal (see section 31(2) of the Tribunals, Courts and Enforcement Act 2007) Senior President of Tribunals Chamber President, or Deputy Chamber President, of a chamber of the First-tier Tribunal or of a chamber of the Upper Tribunal President of the Valuation Tribunal for England appointed under paragraph A7(1) of Schedule 11 to the Local Government Finance Act 1988
Judge Advocate General Vice Judge Advocate General Assistant Judge Advocate General Deputy Judge Advocate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . President or Deputy President of the pensions appeal tribunals established under the Pensions Appeal Tribunals Act 1943 President or chairman of the Transport Tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member of a panel constituted under section 6(1) of the Social Security Act 1998 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member of a panel constituted under Article 7(1) of the Social Security (Northern Ireland) Order 1998 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Chairman of the Criminal Injuries Compensation Board incorporated under section 108(1) of the Criminal Justice Act 1988 Chairman of the Foreign Compensation Commission Chairman of the Scottish Land Court President of the Industrial Court appointed in pursuance of Article 91 of the Industrial Relations (Northern Ireland) Order 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 23.
In this Schedule— The definition of “authorised insurer” in sub-paragraph (1) must be read with—
Regulations for the purposes of this Schedule may be made, with the concurrence of the Treasury, by the Lord Chancellor or, in relation to Scotland, the Secretary of State.
Chapter 1 of Part 4ZA of the Pension Schemes Act 1993 (transfer values) and Chapter 1 of Part 4ZA 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.
Where the conditions mentioned in sub-paragraph (2) below are satisfied, this Part of this Schedule applies to any person— The conditions are that—
When his qualifying service ends, a qualifying member acquires a right to the cash equivalent at the relevant date of any benefits— In this paragraph “the relevant date” means— whichever is the later.
A qualifying member who acquires a right to a cash equivalent under paragraph 5 above may only take it by exercising the option conferred by this paragraph. The option is that of requiring the Treasury to use the cash equivalent in whichever of the following ways the qualifying member chooses— Without prejudice to the generality of the power to prescribe requirements under sub-paragraph (2) above, such requirements may provide that pension arrangements or a scheme or annuity must satisfy such requirements of the Commissioners of Inland Revenue as may be prescribed. A qualifying member may exercise his option in different ways in relation to different portions of his cash equivalent. A qualifying member who exercises his option must do so in relation to the whole of his cash equivalent or, where sub-paragraph (6) below applies, in relation to the whole of the reduced cash equivalent. Where— 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. 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 that of his widow, or her widower.
Cash equivalents are to be calculated and verified in the prescribed manner. Regulations made under sub-paragraph (1) above may, in particular, provide— Without prejudice to the generality of sub-paragraph (2) above, the circumstances that may be specified by virtue of paragraph (b) of that sub-paragraph include the length of time which elapses between the termination of a qualifying member’s qualifying service and his exercise of the option conferred by paragraph 6 above.
A qualifying member may only exercise his option on or before the last option date. The last option date is— whichever is the later. A qualifying member loses the right to any cash equivalent under this Schedule if—
A qualifying member may only exercise his option by making an application in writing to the Treasury. In any case where— the Treasury shall be discharged from any obligation to provide benefits to which the cash equivalent related except, in any such cases as are mentioned in paragraph 6(6) above, to the extent that an obligation to provide guaranteed minimum pensions or give effect to protected rights continues to subsist. If the Treasury receives an application under this paragraph, it shall be its duty, subject to the following provisions of this paragraph, to do what is needed to comply with the choice made by the qualifying member in exercising his option— whichever is the earlier.
A qualifying member may cancel the exercise of his option by giving the Treasury notice in writing that he no longer wishes it to be exercised. No such notice shall have effect if it is given to the Treasury at a time when, in order to comply with the choice made by the qualifying member in exercising his option, the Treasury has entered into an agreement with a third party to use the whole or part of his cash equivalent in a way specified in paragraph 6(2)(a), (b), (c) or (d) above. A qualifying member who withdraws an application may make another.
Where a member of a scheme has asked the appropriate Minister to accept a payment representing the cash equivalent of his accrued rights in any other qualifying scheme, that Minister may— A request under sub-paragraph (1) above must be made— In this paragraph—
A member may, by notice in writing given to the appropriate Minister, cancel a request made by him under paragraph 11 above, at any time before it has been accepted. A transferring member who withdraws an application may make another.
Regulations may—
prescribe limits on the amounts which the appropriate Minister may accept under paragraph 11(1) above;
make provision as to the manner in which payments are to be accepted into a scheme under this Part of this Schedule;
make provision as to the benefits which are to be provided to a member to reflect any such payment accepted with respect to him;
prescribe formulae, based on tables of factors provided by the Government Actuary, to be used when performing any calculation relating to the acceptance of transfer payments or the provision of benefits.
Section 24.
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 ”. After subsection (3) of that section (meaning of “emoluments”) there shall be inserted— Subsections (5) and (6) of that section (orders increasing the earnings limit in subsection (1)(c)(ii)) shall cease to have effect.
Section 15 of the 1981 Act (which provides that the decision of the Treasury on certain questions shall be final) shall cease to have effect. After section 32 of that Act there shall be inserted—
After section 9 of the Sheriffs’ Pensions (Scotland) Act 1961 there shall be inserted—
In this Part of this Schedule—
In subsection (1)(c)(ii) of each of the following enactments (which give the meaning of “period of childhood and full-time education”), that is to say— for the words from “do not exceed” to “a year” there shall be substituted the words “ do not exceed the maximum allowable remuneration ”. 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 ”. The subsection set out in sub-paragraph (4) below shall be inserted— The subsection inserted by sub-paragraph (3) above is as follows— 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. 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.
The following enactments (which correspond to section 15 of the 1981 Act) shall cease to have effect, that is to say— The section set out in sub-paragraph (3) below shall be inserted— The section inserted by sub-paragraph (2) above is as follows— 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.
Section 25.
For section 13 of the Superannuation Act 1972 (pension provision for the Comptroller and Auditor General) there shall be substituted—
For Schedule 1 to the Parliamentary Commissioner Act 1967 (pension provision for the Parliamentary Commissioner for Administration) there shall be substituted—
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. 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 ”. In subsection (6) (persons not to make simultaneously different elections in pursuance of paragraph 1 of that Schedule in respect of different offices)— 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 ”. 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— the amendments made by sub-paragraphs (3) and (4) above shall be disregarded in the continuing application of section 107 of the National Health Service Act 1977 in relation to those former enactments as they continue to have effect in relation to that person and that scheme.
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. 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 ”. In subsection (6) (persons not to make simultaneously different elections in pursuance of paragraph 1 of that Schedule in respect of different offices)— 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 ”. 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— the amendments made by sub-paragraphs (3) and (4) above shall be disregarded in the continuing application of section 91 of the National Health Service (Scotland) Act 1978 in relation to those former enactments as they continue to have effect in relation to that person and that scheme.
The Audit (Northern Ireland) Order 1987 shall be amended in accordance with the following provisions of this paragraph. 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) ”. 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 ”. After that Article there shall be inserted the following Article—
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Section 26.
Judge of the Supreme Court Judge of the Senior Courts of England and Wales ... Deputy judge of the High Court Lord President of the Court of Session Lord Justice Clerk Judge of the Court of Session Temporary Judge of the Court of Session Lord Chief Justice of Northern Ireland Lord Justice of Appeal in Northern Ireland Judge of the High Court of Justice in Northern Ireland Temporary judge of the High Court of Justice in Northern Ireland Circuit judge Sheriff principal, sheriff or summary sheriff in Scotland Temporary sheriff principal or temporary sheriff in Scotland Part-time sheriff in Scotland Part-time summary sheriff in Scotland ... Justice of the peace in Scotland County Court judge in Northern Ireland Deputy County Court judge in Northern Ireland Master, Queen’s Bench Division Deputy or temporary Master, Queen’s Bench Division, appointed under subsection (1) of section 91 of the Senior Courts Act 1981 ... Queen’s Coroner and Attorney and Master of the Crown Office and Registrar of Criminal Appeals Admiralty Registrar Deputy or temporary Admiralty Registrar appointed under subsection (1) of section 91 of the Senior Courts Act 1981 ... Master, Chancery Division Deputy or temporary Master, Chancery Division, appointed under subsection (1) of section 91 of the Senior Courts Act 1981 ... Insolvency and Companies Court Judge Deputy or temporary Insolvency and Companies Court Judge appointed under subsection (1) of section 91 of the Senior Courts Act 1981 ... Taxing Master of the Senior Courts Deputy or temporary Taxing Master of the Senior Courts appointed under subsection (1) of section 91 of the Senior Courts Act 1981 ... District judge of the principal registry of the Family Division Deputy or temporary district judge of the principal registry of the Family Division appointed under subsection (1) of section 91 of the Senior Courts Act 1981 ... Registrar of Civil Appeals Deputy or temporary Registrar of Civil Appeals appointed under subsection (1) of section 91 of the Senior Courts Act 1981 ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . District judge (whether appointed under section 100 of the Senior Courts Act 1981 or section 6 of the County Courts Act 1984) Deputy district judge appointed under section 102 of the Senior Courts Act 1981 ... Deputy district judge appointed under section 8 of the County Courts Act 1984 ... Recorder Assistant Recorder Any appointment under section 70 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . of the Judicature (Northern Ireland) Act 1978 to an office from time to time specified in column 1 of Schedule 3 to that Act (statutory office) or any appointment under section 74 of that Act to act in any such office District Judge (Magistrates’ Courts) District judge (magistrates’ courts) in Northern Ireland Deputy district judge (magistrates’ courts) in Northern Ireland Lay magistrate appointed under the Justice Act (Northern Ireland) 2015 Chief or other Social Security Commissioner (including appointments in pursuance of paragraph 1(2) of Schedule 4 to the Social Security Act 1998) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chief or other Social Security Commissioner for Northern Ireland (including appointments in pursuance of section 50(2) of the Social Security Administration (Northern Ireland) Act 1992) Chief or other Child Support Commissioner for Northern Ireland (including appointments in pursuance of paragraph 4 of Schedule 4 to the Child Support Act 1991 as that paragraph has effect by virtue of paragraph 8 of that Schedule) President of appeal tribunals (within the meaning of Chapter I of Part I of the Social Security Act 1998) appointed under section 5 of that Act President of appeal tribunals (within the meaning of Chapter I of Part II of the Social Security (Northern Ireland) Order 1998) appointed under Article 6 of that Order Chairman of social security appeal tribunals, medical appeal tribunals and disability appeal tribunals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chairman of social security appeal tribunals, medical appeal tribunals and disability appeal tribunals in Northern Ireland . . . Chairman of vaccine damage tribunals ... ... President of the Employment Tribunals (England and Wales) President of the Employment Tribunals (Scotland) President or Vice-President of industrial tribunals and of the Fair Employment Tribunal (Northern Ireland) Employment Judge, appointed in pursuance of regulations under section 1(1) of the Employment Tribunals Act 1996 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) ... ... President of the Industrial Court appointed in pursuance of Article 91 of the Industrial Relations (Northern Ireland) Order 1992 Member of the Employment Appeal Tribunal appointed under section 22(1)(c) of the Employment Tribunals Act 1996 President or other member of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . the Lands Tribunal for Scotland or the Lands Tribunal for Northern Ireland Chairman or other member of the Scottish Land Court ... Judge Advocate General Vice-Judge Advocate General Assistant Judge Advocate General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . President or other member of Pensions Appeal Tribunals Chairman or other member of a Mental Health Review Tribunal constituted under the Mental Health Act 1983 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chairman of a tribunal constituted for the purposes of sections 14 and 15 of the Misuse of Drugs Act 1971 Chairman of an advisory body constituted for the purposes of section 14 of the Misuse of Drugs Act 1971 ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chairman, deputy-chairman or other member of an Agricultural Land Tribunal (other than an assessor added to the Tribunal under paragraph 16(2) of Schedule 9 to the Agriculture Act 1947) ... Chairman of a tribunal established by section 29 of the Betting, Gaming and Lotteries Act 1963 Chairman or deputy chairman of the Copyright Tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . President of a tribunal constituted under Schedule 3 to the Industry Act 1975 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chairman of the Plant Varieties and Seeds Tribunal ... Chairman or other member of Rent Assessment Committees appointed by the Lord Chancellor under Schedule 10 to the Rent Act 1977 President or chairman of the Transport Tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Wreck commissioner appointed under section 297(1) of the Merchant Shipping Act 1995 Chairman of a Reinstatement Committee constituted under the Reserve Forces (Safeguard of Employment) Act 1985 Chairman or other member of a reserve forces appeal tribunal constituted under Part IX of the Reserve Forces Act 1996 Member of a panel constituted under section 6(1) of the Social Security Act 1998 Member of a panel constituted under Article 7(1)of the Social Security (Northern Ireland) Order 1998 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Coroner appointed under section 2(1) of the Coroners Act (Northern Ireland) 1959 Deputy Coroner appointed under section 2(1) of the Coroners Act (Northern Ireland) 1959 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Judge or other member of the First-tier Tribunal appointed under paragraph 1(1) or 2(1) of Schedule 2 to the Tribunals, Courts and Enforcement Act 2007 Judge or other member of the Upper Tribunal appointed under paragraph 1(1) or 2(1) of Schedule 3 to the Tribunals, Courts and Enforcement Act 2007 Transferred-in judge, or transferred-in other member, of the First-tier Tribunal or of the Upper Tribunal (see section 31(2) of the Tribunals, Courts and Enforcement Act 2007) Senior President of Tribunals President of Welsh Tribunals Deputy judge of the Upper Tribunal appointed under paragraph 7(1) of Schedule 3 to the Tribunals, Courts and Enforcement Act 2007, except in a case where the holding of the office by the person in question falls within section 26(7)(ga) of this Act Deputy judge of the Upper Tribunal by virtue of an order under section 31(2) of the Tribunals, Courts and Enforcement Act 2007 Chamber President, or Deputy Chamber President, of a chamber of the First-tier Tribunal or of a chamber of the Upper Tribunal Ordinary or legal member of either or both of the Scottish Tribunals by virtue of section 15 or 16 of the Tribunals (Scotland) Act 2014. 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 Sitting in retirement office under section 123 of the Public Service Pensions and Judicial Offices Act 2022
Section 26.
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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 (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 section 9 of the Supreme Court Act 1981, after subsection (1) (persons who may act as judges) there shall be inserted— After subsection (4) of that section (appointment of deputy High Court judges) there shall be inserted— 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 ”.
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In section 7 of the Judicature (Northern Ireland) Act 1978, in subsection (1) (which provides that certain judges and former judges may, at the request of the Lord Chancellor, sit as judges of the High Court or Court of Appeal in Northern Ireland)—
the words “at any time” shall be omitted; and
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. ”
Section 17 of the Courts Act 1971 (retirement of Circuit judges) shall be amended in accordance with the following provisions of this paragraph. For subsection (1) (which requires a Circuit judge to vacate his office at the end of the completed year of service in which he attains the age of 72, subject to the possibility of extended appointment) there shall be substituted— Subsection (2) (which contains power to continue a Circuit judge’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. Subsection (3) (day on which certain persons are to be regarded as completing a year of service) shall cease to have effect.
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). ” In section 24 of that Act (deputy Circuit judges and assistant Recorders), after subsection (1) there shall be inserted—
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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 107 of the County Courts Act (Northern Ireland) 1959, for subsection (4) (which provides that, except in the case of a former judge, a deputy judge shall not hold office after the end of the completed year of service in which he attains the age of 72) there shall be substituted—
Section 92 of the Supreme Court Act 1981 (tenure of office of certain officers of the Supreme Court) shall be amended in accordance with the following provisions of this paragraph. 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)— 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. Subsection (2C) (which makes provision for determining the day on which persons who successively hold offices falling within column 1 of Part I or II of Schedule 2 to that Act are to be regarded as completing a year of service, and which is of no further utility) shall cease to have effect. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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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 8 of the County Courts Act 1984 (deputy district judges) after subsection (1) there shall be inserted— Section 11 of that Act (tenure of office of district judge etc) shall be amended in accordance with the following provisions of this paragraph. For subsections (1) and (2) (which provide for a person to whom subsection (1) applies to vacate his office at the end of the completed year of service in which he attains the age of 72) there shall be substituted— Subsection (3) (which confers power to continue district judges etc in office up to the age of 75 and which is superseded by section 26(4) to (6) of this Act) shall cease to have effect.
In section 71 of the Judicature (Northern Ireland) Act 1978, for subsection (3) (which provides that a statutory officer, within the meaning of that Act, is to retire at the end of the completed year of service in which he attains the age of 72, but subject to the substitution of a lower age, under subsection (4)) there shall be substituted—
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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—
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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. 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). ” 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. In sub-paragraph (6) (sub-paragraph (2) or (3) not to apply in relation to deputy Commissioners) the words “or (3)” shall be omitted.
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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
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.
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—
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In section 2 of the Lands Tribunal Act 1949, after subsection (5) (terms of appointment to membership of the Tribunal) there shall be inserted—
In section 2 of the Lands Tribunal and Compensation Act (Northern Ireland) 1964, for paragraph (b) of subsection (2) (which requires a member to vacate his office at the end of the completed year of service in the course of which he attains the age of 72) there shall be substituted—.
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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
the proviso (which is superseded by section 26(4) to (6) of this Act) shall cease to have effect.
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)—
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), ”;
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
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.
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In the Schedule to the Pensions Appeal Tribunals Act 1943, for paragraph 2 (appointment, remuneration and removal of members) there shall be substituted—
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—
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Schedule 3 to the Misuse of Drugs Act 1971 (which includes provision in relation to tribunals and advisory bodies established for the purposes of sections 14 and 15 of that Act) shall be amended in accordance with this paragraph. In paragraph 1 (membership of tribunals) after sub-paragraph (2) there shall be inserted— In paragraph 13 (membership of advisory bodies) after sub-paragraph (1) there shall be inserted—
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Schedule 9 to the Agriculture Act 1947 (constitution etc of Agricultural Land Tribunals) shall be amended in accordance with this paragraph. In paragraph 13 (which relates to the chairmen of such Tribunals), in sub-paragraph (2)— After that sub-paragraph there shall be inserted— Paragraph 14 (which provides for there to be a panel of deputy-chairmen for each such Tribunal) shall be numbered as sub-paragraph (1) of that paragraph, and at the end of that paragraph there shall be added— 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—
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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 146 of the Copyright, Designs and Patents Act 1988 (membership of the Copyright Tribunal) after subsection (3) there shall be inserted—
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—
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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. 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—
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In Schedule 10 to the Rent Act 1977, after paragraph 2 (appointment by Lord Chancellor or Secretary of State of persons to constitute the panels from which the members of rent assessment committees are selected) there shall be inserted—
Paragraph 3 of Schedule 4 to the Transport Act 1985 (tenure of office of judicial members) shall be amended in accordance with the following provisions of this paragraph. 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)— 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.
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A member of the panel of persons referred to in sub-paragraph (1)(a) shall vacate his office on the day on which he attains the age of seventy years; but this sub-paragraph is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of seventy-five years).
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Section 26.
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Section 31.
Section 35 of the Courts-Martial (Appeals) Act 1951 (pension arrangements for Vice Judge Advocate General, Assistant Judge Advocates General and Deputy Judge Advocates) shall be numbered as subsection (1) of that section and at the end of that section there shall be added—
At the end of section 116 of the County Courts Act (Northern Ireland) 1959 (pensions of county court judges in Northern Ireland) there shall be added—
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 3 of the Foreign Compensation Act 1962, after subsection (1) (which makes provision for the pensions or other benefits payable to or in respect of members of the Foreign Compensation Commission) there shall be inserted—
In section 2 of the Lands Tribunal and Compensation Act (Northern Ireland) 1964 (pensions of members of the Lands Tribunal for Northern Ireland) after subsection (5) there shall be inserted—
(b)
In section 2 of the Superannuation (Miscellaneous Provisions) Act (Northern Ireland) 1969 (pensions for president of the industrial court, president and vice-president of the industrial tribunals and the Fair Employment Tribunal, etc in Northern Ireland) after subsection (1) there shall be inserted—
In section 4 of the Taxes Management Act 1970, after subsection (6) (pensions, allowances and gratuities payable to or in respect of Special Commissioners) there shall be inserted—
Sub-paragraph (1)(b) above shall not have effect in relation to a person to whom Part I of the Judicial Pensions and Retirement Act 1993 applies, except to the extent provided by or under that Act.
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— 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.
Sub-paragraph (1) shall not have effect in relation to a person to whom Part I of the Judicial Pensions and Retirement Act 1993 applies, except to the extent provided by or under that Act.
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At the end of section 72 of the Judicature (Northern Ireland) Act 1978 (pension arrangements for statutory officers) there shall be added—
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 ”. 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. ” 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—
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In the County Courts Act 1984— shall cease to have effect.
section 7 (which relates to assistant district judges), and
in section 9 (qualifications for appointment) the words “assistant district judge”,
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Sub-paragraph (2) above does not apply to a chairman or former chairman of the Board who is a person to whom Part I of the Judicial Pensions and Retirement Act 1993 applies, except to the extent provided by or under that Act.
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Section 31. Chapter or number Short title Extent of repeal orrevocation 14 & 15 Geo. 6. c. 46. The Courts-Martial (Appeals) Act 1951. In section 28, the proviso to subsection (3). In section 32, the proviso to subsection (2). 1951 c. 20 (N.I.). The Judicial Pensions Act (Northern Ireland) 1951. In section 11A, in subsection (3), the word “and” immediately preceding paragraph (b), and subsection (4). 1959 c. 25 (N.I.). The County Courts Act (Northern Ireland) 1959. Section 116(6).In section 127A, in subsection (3), the word “and” immediately preceding paragraph (b), and subsection (4). 1960 c. 2 (N.I.). The Resident Magistrates’ Pensions Act (Northern Ireland) 1960. In section 9A, in subsection (3), the word “and” immediately preceding paragraph (b), and subsection (4).Section 14. 9 & 10 Eliz. 2. c. 42. The Sheriffs’ Pensions (Scotland) Act 1961. Section 6.Section 9.In section 10, in the definition of “sheriff”, the words “except in subsection (2) of section six”. 1966 c. 27 (N.I.). The Superannuation (Amendment) Act (Northern Ireland) 1966. In Schedule 1, paragraph 18. 1969 c. 7 (N.I.). The Superannuation (Miscellaneous Provisions) Act (Northern Ireland) 1969. Section 2(5). 1970 c. 9. The Taxes Management Act 1970. Section 4A(5). 1971 c. 23. The Courts Act 1971. Section 17(2) and (3).Section 24(4). 1975 c. 15. The Social Security (Northern Ireland) Act 1975. In Schedule 10, paragraph 6(4). 1976 c. 33. The Restrictive Practices Court Act 1976. In section 3(2), the words “(not less than three years)”. 1978 c. 23. The Judicature (Northern Ireland) Act 1978. In section 7(1), the words “at any time”.Section 8(4). 1979 c. 55. The Justices of the Peace Act 1979. In section 14, the proviso to subsection (1), and subsection (2). 1981 c. 20. The Judicial Pensions Act 1981. Section 15.Section 21(5) and (6). In section 33A, in subsection (3), the word “and” immediately preceding paragraph (b), and subsection (4).In Schedule 1, in paragraph 1, the entry “Assistant district judge”. 1981 c. 54. The Supreme Court Act 1981. Section 9(7).Section 91(5).In section 92, in subsection (2B), the words from “and the office” onwards, and subsections (2C) and (3).Section 103. 1984 c. 28. The County Courts Act 1984. Section 7.Section 8(2).In section 9, the words “assistant district judge”.Section 11(3). 1985 c. 67. The Transport Act 1985. In Schedule 4, paragraph 3(2). 1990 c. 41. The Courts and Legal Services Act 1990. In Schedule 18, paragraph 42(b). 1991 c. 48. The Child Support Act 1991. In Schedule 3, paragraph 4(4) and, in paragraph 8, the word “(4)”.In Schedule 4, paragraph 1(2). S.I. 1991/2628 (N.I. 23). The Child Support (Northern Ireland) Order 1991. In Schedule 3, paragraph 4(4). 1992 c. 5. The Social Security Administration Act 1992. In Schedule 2, in paragraph 1, sub-paragraph (3), in sub-paragraph (5) the words “(3) or”, in sub-paragraph (6) the words “or (3)” and, in sub-paragraph (7), the words “(2) or”. 1992 c. 8. The Social Security Administration (Northern Ireland) Act 1992. In Schedule 2, in paragraph 1, sub-paragraph (3) and, in sub-paragraph (6), the words “or (3)”.
Section 5
In this Schedule “the commencement date” means 5th December 2005.
No surviving civil partner's pension shall be payable in respect of a person who retires from qualifying judicial office before the commencement date.
The annual rate of a surviving civil partner's pension in respect of a person who— shall be calculated in accordance with section 5. Sub-paragraph (1) does not apply if, within, 6 months of the formation of the civil partnership, the person elects for the annual rate of the surviving civil partner's pension to be calculated under sub-paragraph (3). Where the annual rate of a surviving civil partner's pension falls to be calculated under this sub-paragraph, that pension shall be calculated in accordance with section 5, but solely for the purpose of this sub-paragraph, the annual rate of the deceased's judicial pension shall be deemed to be that to which he would have been entitled had he first been appointed to qualifying judicial office on the commencement date. An election under sub-paragraph (2) must be made in writing to the administrators. An election under sub-paragraph (2) is irrevocable.
In any case where— The rights which are to be provided under this paragraph shall be so calculated as to be appropriate rights for the purposes of paragraph 5 of Schedule 5 to the 1999 Act, and any regulations made by the Secretary of State for the purposes of that paragraph shall apply accordingly. Subject to sub-paragraph (2) above, the rights which are to be provided under this paragraph, shall be such as may be prescribed by the appropriate Minister in regulations, which shall provide for the calculation and payment of any sums payable as part of those rights. Regulations under sub-paragraph (3) above may— Section 28(1) of this Act shall apply to any pension or lump sum payable by virtue of this paragraph as if it were— payable to the transferor in respect of the rights from which the pension credit is derived .
The appropriate Minister shall have no power to accept, for the benefit of a member of a judicial pension scheme— to the extent that that payment directly or indirectly represents a pension credit.
a payment under paragraph 1(3) of Schedule 5 to the 1999 Act,
a payment under section 95 of the Pension Schemes Act 1993 , or
any other payment,