- Latest available (Revised)
- Point in Time (01/07/2013)
- Original (As enacted)
Version Superseded: 10/03/2022
Point in time view as at 01/07/2013.
There are currently no known outstanding effects for the Judicial Pensions and Retirement Act 1993, Cross Heading: Salaried offices.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
2(1)This paragraph applies to any person who for the time being holds, or who is seeking appointment or re-appointment to, a salaried relevant office (in this paragraph referred to as his “post-commencement office”), if—U.K.
(a)immediately before the appointed day, he was holding that or any other salaried relevant office (in this paragraph referred to as his “pre-commencement office”);
(b)he has at all times on and after that day held some one or other salaried relevant office (whether the same office or not); and
(c)his potential retirement date by reference to his pre-commencement office falls later than the date that would, apart from this paragraph, be the compulsory retirement date for the post-commencement office in his case.
(2)If and so long as this paragraph applies to a person—
(a)nothing in section 26 of, and no amendment made by Schedule 6 to, this Act shall—
(i)require him to vacate his post-commencement office before his potential retirement date by reference to his pre-commencement office; or
(ii)affect his eligibility for appointment or re-appointment to the post-commencement office; and
(b)that potential retirement date shall be taken for the purposes of section 26 of this Act (and, accordingly, of this Schedule) to be the compulsory retirement date for the post-commencement office in his case.
(3)If a person has two or more pre-commencement offices (so that he would, apart from this sub-paragraph, have two or more potential retirement dates) his potential retirement date for the purposes of this paragraph—
(a)shall be determined by reference only to that one of his pre-commencement offices to which he was first appointed, or
(b)shall be such later date, falling on or before the day on which he attains the age of 75, as may be agreed in writing by him and the appropriate Minister, determined by reference to that pre-commencement office;
and any reference in this Schedule to the person’s potential retirement date by reference to his pre-commencement office shall be construed accordingly.
(4)If immediately before the appointed day—
(a)a person who holds a salaried relevant office (“office A”) also holds another relevant office (“office B”), but
(b)in consequence of holding office A, he is either—
(i)unremunerated in respect of his service in office B, or
(ii)remunerated by payment of a supplement, in respect of that service, to the salary payable in respect of his service in office A,
then, in determining for the purposes of sub-paragraph (3) above the number of pre-commencement offices which that person has, and to which of them he was first appointed, he shall be taken to hold office B at that time as a salaried relevant office and to have been so holding it at all previous times when the conditions in paragraphs (a) and (b) above were fulfilled.
Modifications etc. (not altering text)
C1Sch. 7 para. 2(2)(b) excluded (3.11.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 48(2), 148(5), Sch. 9 para. 8(2); S.I. 2008/2696, art. 5(d) (with art. 3)
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: 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.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: 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.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
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.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: