Tribunals, Courts and Enforcement Act 2007

Interpretation of Part 2 of Schedule U.K.

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.