PART 4Provision in relation to certain fee-paid judges

CHAPTER 11Unauthorised payments

Scheme rules that prohibit unauthorised paymentsI145

1

Paragraph (2) applies where—

a

a payment from a judicial scheme is permitted or required to be made under this Part,

b

the payment, if made, would be an unauthorised payment, and

c

a rule of the scheme prohibits the scheme from making unauthorised payments.

2

The payment may be made only if it falls within a description of payments that correspond to a description of payments specified for the purposes of section 63 of PSPJOA 2022 in Treasury directions.

3

Paragraph (4) applies where—

a

in the course of taking the steps mentioned in regulation 32 (requirement to transfer assets held in a partnership pension account) a payment is made from a partnership pension account,

b

the payment, if made, would be an unauthorised payment, and

c

a rule of the scheme prohibits the scheme from making unauthorised payments.

4

The payment may be made notwithstanding the rule mentioned in paragraph (3)(c).