Modifications etc. (not altering text)
C1Pt. II (ss. 16-29) modified (31.3.1995) by 1993 c. 8, s. 14(3), (with s. 1); S.I. 1995/631, art. 2
Pt. II (ss. 16-29) excluded (31.3.1995) by 1993 c. 8, s. 14(4), (with s. 1); S.I. 1995/631, art. 2
(1)Where any person after retirement from service in a judicial office resumes [F1his] service, that retirement shall be left out of account for all the purposes of this Part of this Act except that—
(a)if a lump sum was granted on that retirement without any contribution being made, then unless that person on resumption of [F1his] service, or within three months of [F1his] marrying while again serving, refunds by way of contribution such sum, not exceeding three quarters of the lump sum granted on the prior retirement as [F2the Treasury] may determine, no pension shall be granted to any [F3widow or child of his][F3widow, widower or child of that person], and
(b)any lump sum granted on that retirement, less any refund, shall be set off against any lump sum to be granted in respect of [F4his][F4that person’s] service.
[F5(2)Where the person resuming service after retirement is a woman, paragraph (a) of subsection (1) above and the reference to a refund in paragraph (b) shall be omitted.]
(3)Where a refund is made under subsection (1) above, all such adjustments shall be made, including payments out of the Consolidated Fund or out of money provided by Parliament and payments into the Exchequer, as will secure that the position is the same as if the lump sum had been reduced by an amount equal to the refund and no refund had been made.
Textual Amendments
F1Word repealed (prosp.) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), ss. 124, 125(7), Sch. 20
F2Words substituted by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 118(4)(a)
F3Words “widow, widower or child of that person” substituited (prosp.) for the words “widow or child of his” by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), ss. 124, 125(3), Sch. 18 para. 29(a)
F4Words “that person's” substituted (prosp.) for “his” by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), ss. 124, 125(3), Sch. 18 para. 29(b)
Any reference in this Part of this Act to retirement shall in relation to a Lord Chancellor be taken as a reference to resignation of office.