- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Gwreiddiol (a wnaed Fel)
There are currently no known outstanding effects for the The Judicial Pensions (Remediable Service etc.) Regulations (Northern Ireland) 2023, Section 27.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
27.—(1) The scheme manager for a judicial scheme may pay amounts by way of compensation in respect of compensatable losses incurred by the appropriate person.
(2) For the purposes of this regulation a loss incurred by the appropriate person is “compensatable” if and to the extent that—
(a)the first condition is met (see paragraph (5)) and the loss is—
(i)a direct financial loss, or
(ii)a specified Part 4 tax loss;
(b)the second condition is met (see paragraph (6)) and the loss is—
(i)a direct financial loss which is directly related to the member’s remediable service in an employment or office which is mixed service(1), or
(ii)a specified Part 4 tax loss.
(3) For the purposes of paragraph (2)(a)(ii) and (b)(ii), a Part 4 tax loss is a “specified Part 4 tax loss” if and to the extent it falls within one of the descriptions listed in direction 26(4) of the PSP Directions 2023.
(4) For the purposes of paragraph (3), direction 26(4) is to be read as if—
(a)references to a legacy scheme election being made by virtue of section 40(1) of PSPJOA 2022 were references to an immediate detriment remedy being obtained by virtue of—
(i)a determination mentioned in section 68(2)(a) of PSPJOA 2022, or
(ii)an agreement mentioned in section 68(3)(a) of PSPJOA 2022;
(b)the reference in direction 26(4)(e) to section 52(3) of PSPJOA 2022 were a reference to regulation 22(3);
(c)in direction 26(4)(f)—
(i)the reference to provision made by virtue of section 56(2) of PSPJOA 2022 were a reference to regulation 63(2);
(ii)the reference to section 52(4) of PSPJOA 2022 were a reference to regulation 22(4).
(5) The first condition is that the loss is attributable to, or is reasonably regarded as attributable to, a relevant breach of a non-discrimination rule(2).
(6) The second condition is that the loss is attributable to the application of any provision of this Part.
(7) Paragraph (1) does not confer power to pay amounts by way of compensation in respect of compensatable losses so far as—
(a)the appropriate person has already received amounts by way of compensation in respect of them, or
(b)amounts that any person has paid to the scheme have been reduced by amounts in respect of them,
whether pursuant to a court or tribunal order otherwise.
(8) For the purpose of this regulation, a breach of a non-discrimination rule is “relevant” if section 59(10) of PSPJOA 2022 applies to it.
(9) In this regulation, “loss”—
(a)has the meaning given in section 59(6) and (7) of PSPJOA 2022;
(b)does not include an amount that is payable under this Part.
Commencement Information
I1Reg. 27 in operation at 24.7.2023, see reg. 1(b)
See section 58(5) of PSPJOA 2022 for the meaning of “mixed service”.
See section 59(9) of PSPJOA 2022 for the meaning of “non-discrimination rule”.
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Rule and provides information about its policy objective and policy implications. They aim to make the Statutory Rule accessible to readers who are not legally qualified and accompany any Northern Ireland Statutory Rule or Draft Northern Ireland Statutory Rule laid before the UK Parliament during the suspension of the Northern Ireland Assembly.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys