- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Gwreiddiol (a wnaed Fel)
Dyma’r fersiwn wreiddiol (fel y’i gwnaed yn wreiddiol). Dim ond ar ei ffurf wreiddiol y mae’r eitem hon o ddeddfwriaeth ar gael ar hyn o bryd.
Scottish Statutory Instruments
Scottish Land Court
Made
8th January 2013
Coming into force
9th January 2013
The Scottish Ministers make the following Order in exercise of the powers conferred by section 2(2) of the European Communities Act 1972(1) and sections 26(9)(a) and 29(3) of the Judicial Pensions and Retirement Act 1993(2) and all other powers enabling them to do so.
In accordance with paragraphs 2 and 2A(1), (2)(a) and (3)(a) of Schedule 2 to the European Communities Act 1972(3), a draft of this Order has been laid before, and approved by resolution of, the Scottish Parliament.
1.—(1) This Order may be cited as the Judicial Pensions and Retirement Act 1993 (Scottish Land Court) Order 2013 and comes into force on the day after the day on which it is made.
(2) This Order extends to Scotland only.
2.—(1) In Schedule 5 (retirement provisions: the relevant offices) to the Judicial Pensions and Retirement Act 1993, after the entry for President or other member of the Lands Tribunal for Scotland or the Lands Tribunal for Northern Ireland(4) insert—
“Chairman or other member of the Scottish Land Court”.
(2) In Schedule 1 (the Land Court) to the Scottish Land Court Act 1993(5)—
(a)paragraph 2 is repealed; and
(b)in paragraph 7A(6), for “whether or not under paragraph 2 of this Schedule” substitute “whether under section 26 of the Judicial Pensions and Retirement Act 1993 or otherwise”.
KENNY MACASKILL
A member of the Scottish Government
St Andrew’s House,
Edinburgh
8th January 2013
(This note is not part of the Order)
This Order amends the Judicial Pensions and Retirement Act 1993 by adding an entry for the Chairman, and other members, of the Scottish Land Court to the list of relevant offices in Schedule 5 to that Act (article 2(1)). Persons holding an office listed in Schedule 5 to that Act are subject to the retirement provisions set out in section 26 of that Act.
Pursuant to Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (OJ L 303 02.12.2000 p.16), this Order also amends the Scottish Land Court Act 1993 so as to remove the compulsory retirement age for members of the Scottish Land Court set out in paragraph 2 of Schedule 1 to that Act (article 2(2)(a)).
Article 2(2)(b) makes a further amendment to the Scottish Land Court Act 1993 in consequence of article 2(1) and (2)(a).
No business regulatory impact assessment has been prepared for this Order as no impact upon businesses, charities or voluntary bodies is foreseen.
1972 c.68. Section 2(2) was amended by the Scotland Act 1998 (c.46) (“the Scotland Act”), Schedule 8, paragraph 15(3) (which was amended by the Legislative and Regulatory Reform Act 2006 (c.51), section 27(4)) and the European Union (Amendment) Act 2008 (c.7), Schedule, Part 1. The functions conferred upon the Minister of the Crown under section 2(2), in so far as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act. The powers in section 2(2) are exercised as regards article 2(2)(a) and (b) of this Order.
1993 c.8. By virtue of section 30(1), the reference to the appropriate Minister in section 26(9)(a) means, in relation to any judicial office whose jurisdiction is exercised exclusively in relation to Scotland, the Secretary of State. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act. The powers under the 1993 Act are exercised as regards article 2(1) and (2)(b) of this Order.
Paragraph 2 was amended by the Legislative and Regulatory Reform Act 2006 (c.51), section 27(2)(a) and paragraph 2A was inserted by section 29 of that Act. Paragraphs 2 and 2A have been modified by paragraphs 2 and 5 of schedule 3 to the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)
The entry for President or other member of the Lands Tribunal for Scotland or the Lands Tribunal for Northern Ireland was amended by S.I. 2009/1307, Schedule 1, paragraph 249.
Paragraph 7A was inserted by the Crofting Reform etc. Act 2007 (asp 7), section 34(5).
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’.
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Policy Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2012 onwards. Prior to this date these type of notes existed as ‘Executive Notes’ and accompanied Scottish Statutory Instruments from July 2005 until July 2012.
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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