- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (30/08/2018)
- Gwreiddiol (Fel y'i Deddfwyd)
Point in time view as at 30/08/2018.
Tribunals, Courts and Enforcement Act 2007,
Part 2
is up to date with all changes known to be in force on or before 21 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
3(1)For the purposes of this Part of this Schedule—U.K.
(a)“relevant judicial office” means—
(i)the office of transferred-in judge, or transferred-in other member, of the First-tier Tribunal or of the Upper Tribunal (see section 31(2)),
(ii)an office to which a person is appointed under paragraph 1(1) or 2(1) of Schedule 2 or 3 (judge, or other member, of the First-tier Tribunal or of the Upper Tribunal),
(iii)the office of deputy judge of the Upper Tribunal (whether under section 31(2) or under paragraph 7 of Schedule 3),
(iv)the office of Chamber President, or Deputy Chamber President, of a chamber of the First-tier Tribunal or of the Upper Tribunal, or
(v)the office of Senior President of Tribunals;
(b)“relevant day”, in relation to a person who holds a relevant judicial office, means the day when he was appointed to that office or, if he holds that office as the latest in an unbroken succession of different relevant judicial offices, the day when he was appointed to the first of the offices in that succession;
(c)an office is a “qualifying office” at any particular time (but see sub-paragraph (2)) if—
(i)the office is that of member of a tribunal which at that time is in a list in Schedule 6, or
(ii)the office itself is at that time in a list in Schedule 6,
and (in either case) the list has effect at that time for the purposes of section 30;
(d)“the 1993 Act” means the Judicial Pensions and Retirement Act 1993 (c. 8).
(2)Where—
(a)a person held two or more qualifying offices (“the actual offices”) immediately before the relevant day, and
(b)at that time the person held at least one of the actual offices on a salaried basis and held at least one of the actual offices on a non-salaried basis,
the person shall be treated for the purposes of paragraphs 6 and 7 as not having held immediately before the relevant day any of the actual offices that the person held on a non-salaried basis at that time.
(3)For the purposes of sub-paragraph (2)—
(a)a person holds an office on a salaried basis at any particular time if, at that time, the person's service in the office is remunerated by payment of a salary, and
(b)a person holds an office on a non-salaried basis at any particular time if, at that time, the person's service in the office—
(i)is remunerated by the payment of fees,
(ii)is remunerated by the payment of a supplement to the salary payable to him in respect of his service in another office, or
(iii)is unremunerated.
4U.K.Paragraphs 5 to 8 apply where a person holds a relevant judicial office.
5(1)Subject to paragraph 8(1) (persons who held certain judicial offices on 30th March 1995), sub-paragraphs (3) and (4) apply where the person has a personal retirement date under either or both of paragraphs 6 and 7.U.K.
(2)In sub-paragraphs (3) and (4) and paragraph 8(1) and (2)—
(a)if the person has a personal retirement date under just one of paragraphs 6 and 7 or has the same personal retirement date under each of those paragraphs, “the special date” means that date;
(b)if the person has a personal retirement date under each of those paragraphs and those dates are different, “the special date” means the later of those dates.
(3)Subsection (1) of section 26 of the 1993 Act shall have effect (subject to the following provisions of that section) as if it provided for the person to vacate the relevant judicial office on the special date.
(4)The special date is to be taken for the purposes of that section to be the compulsory retirement date for the relevant judicial office in the person's case.
6(1)Sub-paragraphs (2) and (3) apply where, immediately before the relevant day, the person—U.K.
(a)held a qualifying office, and
(b)was required to vacate the qualifying office on a day later than the day on which he attains the age of 70.
(2)The person's personal retirement date under this paragraph is the later day mentioned in sub-paragraph (1)(b), subject to sub-paragraph (3).
(3)If—
(a)there are two or more qualifying offices each of which is one that, immediately before the relevant day, the person—
(i)held, and
(ii)was required to vacate on a day later than the day on which he attains the age of 70, and
(b)the later day mentioned in paragraph (a)(ii) is not the same for each of those offices,
the person's personal retirement date under this paragraph is the latest (or later) of those later days.
7(1)Sub-paragraph (2) applies where—U.K.
(a)immediately before the relevant day, the person held, on an unlimited basis, a qualifying office or two or more qualifying offices, and
(b)the relevant day falls after the day on which the person attains the age of 69.
(2)The person's personal retirement date under this paragraph is the last day of the 12 months beginning with the day after the relevant day.
(3)For the purposes of this paragraph, a person holds an office on an unlimited basis at a particular time if at that time he is not required to vacate the office at any particular later time.
8(1)If—U.K.
(a)sub-paragraph (2) of paragraph 2 of Schedule 7 to the 1993 Act (transitional provision where person held salaried relevant office on 30th March 1995) has effect in relation to retirement from the relevant judicial office in the person's case, and
(b)the date that, for the purposes of that paragraph, is the person's potential retirement date by reference to his pre-commencement office (“the retirement date preserved in 1995”) is the same as, or later than, the special date,
paragraph 5(3) and (4) do not apply.
(2)If the special date is later than the retirement date preserved in 1995, paragraph 2(2)(b) of Schedule 7 to the 1993 Act does not have effect in relation to the relevant judicial office in the person's case.
(3)Accordingly, in paragraph 1 of Schedule 7 to the 1993 Act, after sub-paragraph (5) insert—
“(6)Paragraph 2(2) has effect subject to paragraph 8(2) of Schedule 9 to the Tribunals, Courts and Enforcement Act 2007 (certain cases where the post-commencement office is that of judge, or other member, of the First-tier Tribunal or the Upper Tribunal).”
9(1)Sub-paragraph (3) applies in respect of a person on each day that—U.K.
(a)is, or is later than, the day on which the person attains the age of 70,
(b)is a day on which the person holds a qualifying office, and
(c)is earlier than the day on which the person is required to vacate the qualifying office.
(2)Sub-paragraph (3) also applies in respect of a person on each day that—
(a)is, or is later than, the day on which the person attains the age of 70, and
(b)is a day on which the person holds, on an unlimited basis, a qualifying office.
(3)Where this sub-paragraph applies in respect of a person on a day, the fact that the person has attained the age of 70 shall not (by itself) render him ineligible for appointment (or re-appointment) on that day to a relevant judicial office.
(4)For the purposes of this paragraph, a person holds an office on an unlimited basis at a particular time if at that time he is not required to vacate the office at any particular later time.
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Y Ddeddf Gyfan you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Ddeddf Gyfan heb Atodlenni you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Rhestrau you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
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.
Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
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.
Testun a grëwyd gan yr adran o’r llywodraeth oedd yn gyfrifol am destun y Ddeddf i esbonio beth mae’r Ddeddf yn ceisio ei wneud ac i wneud y Ddeddf yn hygyrch i ddarllenwyr nad oes ganddynt gymhwyster cyfreithiol. Cyflwynwyd Nodiadau Esboniadol ym 1999 ac maent yn cyd-fynd â phob Deddf Gyhoeddus ac eithrio Deddfau Adfeddiannu, Cronfa Gyfunol, Cyllid a Chyfnerthiad.
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