The Pensions (Miscellaneous Offices) (Preservation of Benefits) Order 1977

INTRODUCTORY

Citation and Commencement

1.  This Order may be cited as the Pensions (Miscellaneous Offices) (Preservation of Benefits) Order 1977 and shall come into operation on 11th November 1977.

Interpretation

2.—(1) In this Order, unless the context otherwise requires—

“the Act of 1950” means the Administration of Justice (Pensions) Act 1950;

“full rate” means the rate at which a pension might have been granted to an office holder continuing to serve until reaching normal pension age;

“judicial office” includes any of the offices listed, or treated by any enactment as listed, in Schedule 1 of the Act of 1950;

“normal pension age” means the earliest age at which, if his service had continued until retirement at that age, an office holder might have been granted a pension under a relevant enactment;

“office holder” means a person who is or has been the holder of any scheduled office;

“principal civil service pension scheme” means a principal civil service pension scheme within the meaning of section 2 of the Superannuation Act 1972 and a principal civil service scheme within the meaning of Article 4 of the Superannuation (Northern Ireland) Order 1972;

“relevant enactment” means an enactment by virtue of which an office holder might be granted a pension in respect of any relevant service and, in the case of an office holder who has held more than one judicial office, includes any enactment relating to the payment of superannuation benefits to or in respect of such persons;

“relevant service” has the meaning given by Article 4(2);

“scheduled office” means—

(a)

an office listed in Part I of the Schedule to this Order;

(b)

an office listed in Part II of that Schedule to where the holder of such office has elected for the statutory scheme of pensions and other benefits applicable to the judicial offices listed in Schedule 1 to the Judicial Pensions Act 1959;

any references to any enactment shall be construed as a reference to that enactment as amended, extended or applied by any other enactment including this Order.

(2) The Interpretation Act 1889 shall apply to the interpretation of this Order as it applies to the interpretation of an Act of Parliament.