SCHEDULES

SCHEDULE 1 The offices which may be qualifying judicial offices

Section 1.

Part I Judges

Annotations:
Amendments (Textual)
F2

Entries in Sch. 1 Pt. I inserted (31.3.1995) by S.I. 1995/633, art. 3 (with art. 11)

F3

Entry in Sch. 1 Pt. I inserted (31.8.2000) by 1999 c. 22, s. 78, Sch. 11 paras. 39, 40 (with Sch. 14 para. 7(2)); S.I. 2000/1920, art. 3(a)

Marginal Citations

  • Lord of Appeal in Ordinary

  • Lord Chief Justice of England

  • Master of the Rolls

  • Lord President of the Court of Session

  • Lord Chief Justice of Northern Ireland

  • Lord Justice Clerk

  • Lord Justice of Appeal (in England and Wales or Northern Ireland)

  • F1President of the Queen's Bench Division

  • President of the Family Division

  • Chancellor of the High Court

  • High Court Judge (in England and Wales or Northern Ireland)

  • Judge of the Court of Session

  • F2Recorder of London

  • Common Serjeant

  • Circuit judge

  • Sheriff Principal or sheriff in Scotland

  • County Court Judge in Northern Ireland

  • F3 District Judge (Magistrates’ Courts)

  • Stipendiary Magistrate in England and Wales

  • Resident Magistrate appointed under the M1Magistrates’ Courts Act (Northern Ireland) 1964.

Part II Other appointments

Court officers

Annotations:
Amendments (Textual)
F4

Sch. 1 Pt. 2: reference to a Master of the Court of Protection omitted (with saving) (1.10.2007) by virtue of Mental Capacity Act 2005 (c. 9), ss. 67(1), 68(1)-(3), Sch. 6 para. 38(2) (with ss. 27, 28, 29, 62); S.I. 2007/1897, art. 2

F6

Sch. 1 Pt. 2: words in entry repealed (1.5.2004) by Courts Act 2003 (c. 39), ss. 109(3), 110(1), Sch. 10; S.I. 2004/1104, art. 3(h)(iii)

Marginal Citations

  • Master, Queen’s Bench Division

  • Queen’s Coroner and Attorney and Master of the Crown Office and Registrar of Criminal Appeals

  • Admiralty Registrar

  • Master, Chancery Division

  • Registrar in Bankruptcy of the High Court

  • Taxing Master of the Supreme Court

  • District Judge of the Principal Registry of the Family Division

  • Registrar of civil appeals

  • F4. . .

  • District judge

  • F5 Coroner appointed under section 2(1) of the Coroners Act (Northern Ireland) 1959

  • Any of the offices from time to time specified in column 1 of Schedule 3 to the M2Judicature (Northern Ireland) Act 1978 F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Members of tribunals

Annotations:
Amendments (Textual)
F7

Words in Sch. 1 Pt. II substituted (in force for specified purposes at 6.9.1999 and 5.10.1999 respectively and in force at 29.11.1999 in so far as not already in force except for specified purposes) by 1998 c. 14, s. 86(1), Sch. 7 para. 123(1)(a); S.I. 1999/2422, art. 2(c), Sch. 1 (subject to transitional provisions in Sch. 14); S.I. 1999/2739, art. 2, Sch. 1 (subject to transitional provisions in Sch. 2); S.I. 1999/3178, art. 2(1)(2), Sch. 1 (subject to transitional provisions in Schs. 21-23)

F8

Sch. 1 Pt. 2: first entry beginning "Chief or other Child Support Commissioner" omitted (3.11.2008) by virtue of The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 9(1), Sch. 3 para. 109(a)

F9

Entry in Sch. 1 Pt. II substituted (1.6.1999) by 1998 c. 14, s. 86(1), Sch. 7 para. 123(1)(b); S.I. 1999/1510, art. 2(g)(vii)

F10

Entry in Sch. 1 Pt. II substituted (29.11.1999 except for specified purposes) by S.I. 1998/1506 (N.I. 10), art. 78(1), Sch. 6 para. 92(1); S.R. 1999/472, art. 2(1)(2), Sch. 1 (subject to transitional provisions in arts. 20-22)

F11

Entry in Sch 1 Pt. II repealed (in force for specified purposes at 18.10.1999 so far as relating to chairmen of disability appeal tribunals and in force at 29.11.1999 in so far as not already in force except for specified purposes) by 1998 c. 14, s. 86(1), Sch. 7 para. 123(2), Sch. 8; S.I. 1999/2860, art. 2(c), Sch. 1 (subject to transitional provisions in Schs. 16-18); S.I. 1999/3178, art. 2(1)(2), Sch. 1 (subject to transitional provisions in Schs. 21-23)

F12

Entry in Sch. 1 Pt. II repealed (29.11.1999 except for specified purposes) by S.I. 1998/1506 (N.I. 10), art. 78(1)(2), Sch. 6 para. 92(2), Sch. 7; S.R. 1999/472, art. 2(1)(2), Sch. 1 (subject to transitional provisions in arts. 20-22)

F13

Entry in Sch. 1 Pt. II repealed (1.6.1999) by 1998 c. 14, s. 86(1)(2), Sch. 7 para. 123(2), Sch. 8; S.I. 1999/1510, art. 2(g)(viii)

F14

Entry in Sch. 1 Pt. II repealed (1.6.1999) by S.I. 1998/1506 (N.I. 10), art. 78(1)(2), Sch. 6 para. 92(2), Sch. 7; S.R. 1999/246, art. 2, Sch. 1

F15

Words in Sch. 1 Pt. II substituted (1.8.1998) by 1998 c. 8, ss. 1(2)(b), 16; S.I. 1998/1658, art. 2(1), Sch.

F16

Words in Sch. 1 Pt. II substituted (1.3.1999) by S.I.1998/3162 (N.I. 21), art. 105(1), Sch. 3; S.R. 1999/81, art. 3(1)

F17

Words in Sch. 1 Pt. II substituted (E.W.S) (22.8.1996) by 1996 c. 17, ss. 43, 46, Sch. 1 para. 10(2) (with s. 38)

F18

Words in Sch. 1 Pt. II substituted (1.8.1998) by 1998 c. 8, ss. 1(2)(c), 16; S.I. 1998/1658, art. 2(1), Sch.

F19

Words in Sch. 1 Pt. II substituted (24.9.1996) by S.I. 1996/1921 (N.I. 18), art. 26, Sch. 1 para. 9(a)

F20

Words in Sch. 1 Pt. II substituted (1.3.1999) by S.I. 1998/3162 (N.I. 21), art. 105(1), Sch. 3; S.R. 1999/81, art. 3(1)

F21

Entry in Sch. 1 Pt. II inserted (1.10.1999) by S.I. 1999/2283, art. 2

F23

Sch. 1 Pt. 2: Entry relating to "chairman of a Mental Health Tribunal for England" omitted (3.11.2008) by virtue of The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 9(1), Sch. 3 para. 109(b)

F25

Sch. 1 Pt. 2: Entry inserted (17.12.2004) by Pensions Act 2004 (c. 35), ss. 102(4), 322(1), Sch. 4 para. 17(2); S.I. 2004/3350, art. 2, Sch.

F143

Sch. 1 Pt. 2: Entry inserted (E.W.S.) (1.1.2007) by Gambling Act 2005 (c. 19), ss. 140, 358, Sch. 8 para. 6; S.I. 2006/3272, art. 2(1), Sch. 1 (with Sch. 4) (as amended by S.I. 2006/3361, S.I. 2007/1157, S.I. 2007/1527, S.I. 2007/2169)

F26

Sch. 1 Pt. 2: Entry relating to "Asylum Support Adjudicator" omitted (3.11.2008) by virtue of The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 9(1), Sch. 3 para. 109(c)

F27

Sch. 1 Pt. 2: Entry relating to "President of the tribunal constituted under section 9 of Protection of Children Act 1999 [etc.]" omitted (3.11.2008) by virtue of The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 9(1), Sch. 3 para. 109(d)

Marginal Citations

  • Chief or other Social Security Commissioner, excluding appointments in pursuance of F7paragraph 1(2) of Schedule 4 to the Social Security Act 1998

  • Chief or other Social Security Commissioner for Northern Ireland, excluding appointments in pursuance of section 50(2) of the M3Social Security Administration (Northern Ireland) Act 1992

  • F8. . .

  • Chief or other Child Support Commissioner for Northern Ireland, excluding appointments in pursuance of paragraph 4 of Schedule 4 to the Child M4 Support Act 1991 as that paragraph has effect by virtue of paragraph 8 of that Schedule

  • F9President of appeal tribunals (within the meaning of Chapter I of Part I of the Social Security Act 1998), appointed under section 5 of that Act

  • F10President of appeal tribunals (within the meaning of Chapter I of Part II of the Social Security (Northern Ireland) Order 1998) appointed under Article 6 of that Order

  • F11Chairman of social security appeal tribunals, medical appeal tribunals and disability appeal tribunals

  • F12Chairman of social security appeal tribunals, medical appeal tribunals and disability appeal tribunals in Northern Ireland

  • F13. . .

  • F14. . .

  • President of the F15Employment Tribunals (England and Wales)

  • President of the F15Employment Tribunals (Scotland)

  • President or Vice-President of the Industrial Tribunals and the Fair Employment Tribunal, appointed under F16Article 82 of the Fair Employment and Treatment (Northern Ireland) Order 1998

  • Chairman of F15employment tribunals appointed in pursuance of regulations under F17section 1(1) of the F18Employment Tribunals Act 1996

  • Chairman of industrial tribunals or of the Fair Employment Tribunal appointed in pursuance of regulations under F19Article 3 of the Industrial Tribunals (Northern Ireland) Order 1996 or appointed under F20Article 82(1)(c) of the Fair Employment and Treatment (Northern Ireland) Order 1998

  • President or other member of the Lands Tribunal, the Lands Tribunal for Scotland or the Lands Tribunal for Northern Ireland

  • F21President of the Competition Commission Appeal Tribunals

  • F22 President of the Competition Appeal Tribunal

  • F23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F24 Chairman of the Mental Health Review Tribunal for Wales

  • President of the Mental Health Review Tribunal for Wales

  • F25 President or Deputy President of the Pensions Regulator Tribunal

  • F143 President of the Gambling Appeals Tribunal

  • F144F26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • President of the Charity Tribunal

  • F27. . .

  • F28 Judge or other member of the First-tier Tribunal appointed under paragraph 1(1) or 2(1) of Schedule 2 to the Tribunals, Courts and Enforcement Act 2007

  • Judge or other member of the Upper Tribunal appointed under paragraph 1(1) or 2(1) of Schedule 3 to the Tribunals, Courts and Enforcement Act 2007

  • Transferred-in judge, or transferred-in other member, of the First-tier Tribunal or of the Upper Tribunal (see section 31(2) of the Tribunals, Courts and Enforcement Act 2007)

  • Senior President of Tribunals

  • Chamber President, or Deputy Chamber President, of a chamber of the First-tier Tribunal or of a chamber of the Upper Tribunal

Other offices whose holders are appointed by the Lord Chancellor

Annotations:
Amendments (Textual)
F29

Sch. 1 Pt. 2: Entry relating to "Judge Advocate of Her Majesty's Fleet" repealed (1.1.2008) by Armed Forces Act 2006 (c. 52), ss. 378(2), 383(2), Sch. 17; S.I. 2007/2913, art. 3 (with art. 4(3))

F146

Sch. 5: Entry substituted (4.4.2005) for the entries relating to the Immigration Appeal Tribunal and immigration adjudicators by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 26(7), 48(3), Sch. 2 para. 8(2); S.I. 2005/565, art. 2(a)(d) (with arts. 3-9)

F30

Words in Sch. 1 Pt. II inserted (7.6.2002 with application as mentioned in art. 2 of the amending S.I.) by The Judicial Pensions (Pensions Appeal Tribunals) Order 2002 (S.I. 2002/1347), art. 3

F145

Entry in Sch. 1 Pt. II inserted (3.9.2001) by 2000 c. 8, s. 432(1), Sch. 20 para. 7(2); S.I. 2001/2632, art. 2(2), Sch. Pt. 2

F31

Entries in Sch. 1 Pt. II added (1.6.1999) by S.I. 1999/1454, art. 2

Marginal Citations
M143

1970 c. 9.

  • Judge Advocate General

  • Vice Judge Advocate General

  • Assistant Judge Advocate General

  • Deputy Judge Advocate

  • F29. . .

  • President or Vice-President of Value Added Tax Tribunals

  • Chairman of value added tax tribunals

  • Commissioner for the special purposes of the Income Tax Acts appointed under section 4 of the M143Taxes Management Act 1970

  • F146President or other member of the Asylum and Immigration Tribunal

  • President F30or Deputy President of the pensions appeal tribunals established under the M5Pensions Appeal Tribunals Act 1943

  • President or chairman of the Transport Tribunal

  • F145President or Deputy President of the Financial Services and Markets Tribunal

  • F31Member of a panel constituted under section 6(1) of the Social Security Act 1998 M6F32. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • Member of a panel constituted under Article 7(1) of the Social Security (Northern Ireland) Order 1998 M7F33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F34Adjudicator to Her Majesty’s Land Registry

Other offices

Annotations:
Marginal Citations

  • Chairman of the Criminal Injuries Compensation Board incorporated under section 108(1) of the M8Criminal Justice Act 1988

  • Chairman of the Foreign Compensation Commission

  • Chairman of the Scottish Land Court

  • President of the Industrial Court appointed in pursuance of Article 91 of the M9Industrial Relations (Northern Ireland) Order 1992

F142SCHEDULE 1ASURVIVING CIVIL PARTNER'S PENSION: TRANSITIONAL PROVISIONS

Section 5

Annotations:
Amendments (Textual)

The commencement date

1

In this Schedule “the commencement date” means 5th December 2005.

Service wholly before the commencement date

2

No surviving civil partner's pension shall be payable in respect of a person who retires from qualifying judicial office before the commencement date.

Service partly before and partly on the commencement date

3

1

The annual rate of a surviving civil partner's pension in respect of a person who—

a

holds qualifying judicial office before the commencement date; and

b

continues to do so on that date,

shall be calculated in accordance with section 5.

2

Sub-paragraph (1) does not apply if, within, 6 months of the formation of the civil partnership, the person elects for the annual rate of the surviving civil partner's pension to be calculated under sub-paragraph (3).

3

Where the annual rate of a surviving civil partner's pension falls to be calculated under this sub-paragraph, that pension shall be calculated in accordance with section 5, but solely for the purpose of this sub-paragraph, the annual rate of the deceased's judicial pension shall be deemed to be that to which he would have been entitled had he first been appointed to qualifying judicial office on the commencement date.

4

An election under sub-paragraph (2) must be made in writing to the administrators.

5

An election under sub-paragraph (2) is irrevocable.

C2SCHEDULE 2 Transfer of accrued benefits

Section 23.

Annotations:
Modifications etc. (not altering text)
C2

Sch. 2 applied (with modifications) (31.3.1995) by 1967 c. 13, Sch.1 para. 4(1) (as substituted (31.3.1995) by 1993 c. 8, s. 25, Sch. 4 Pt. II para. 2; S.I. 1995/631, art. 2)

Sch. 2 applied (with modifications) (31.3.1995) by S.I. 1987/460 (N.I. 5), art.4A (as inserted (31.5.1995) by 1993 c. 8, s. 25, Sch. 4 Pt. IV para. 5(4); S.I. 1995/631, art. 2)

Sch. 2 applied (with modifications) (31.3.1995) by 1969 c. 10 (N.I.), Sch.1A para. 4(1) (as inserted (31.3.1995) by 1993 c. 8, s. 25, Sch. 4 Pt. V para. 6(6); S.I. 1995/631, art. 2)

Sch. 2 extended (with modifications) (16.7.1996) by S.I. 1996/1298 (N.I. 8), art. 5(4), Sch. 1 para. 6(2)(3)(4)

Sch. 2 extended (with modifications) (16.7.1996) by S.I 1996/1297 (N.I. 7), art. 4(4), Sch. 1 para. 6(2)(3)(4)

Part I General

Interpretation

C11

F351

In this Schedule—

  • F36“authorised insurer” means—

    1. i

      a person who has permission under Part 4 of the Financial Services and Markets Act 2000 to effect or carry out contracts of long-term insurance, or

    2. ii

      an EEA firm of the kind mentioned in paragraph 5(d) of Schedule 3 to that Act, which has permission under paragraph 15 of that Schedule (as a result of qualifying for authorisation under paragraph 12 of that Schedule) to effect or carry out contracts of long-term insurance;

  • “contracted-out scheme” has the same meaning as it has for the purposes of Part III of F37the Pension Schemes Act 1993 and, in relation to Northern Ireland, F38Part III of the Pension Schemes (Northern Ireland) Act 1993;

  • “disregarded service”, in relation to any member of a scheme, means any period of service in qualifying judicial office during which an election under, or an election having effect as if made under, section 13 of this Act is in force in respect of the qualifying member;

  • “ guaranteed minimum pension” has the same meaning as in the F37the Pension Schemes Act 1993 and, in relation to Northern Ireland F39Pension Schemes (Northern Ireland) Act 1993, ;

  • “member”, in relation to a scheme, means a person to whom Part I of this Act applies or has applied;

  • “normal pension age” means the earliest age at which, if his service in qualifying judicial office had continued until retirement at that age, a member of the scheme constituted by Part I of this Act might have been entitled to receive a pension under the scheme at the appropriate annual rate (otherwise than by reason of infirmity of mind or body);

  • “occupational pension scheme” has the meaning given by F40section 1 of F37the Pension Schemes Act 1993 or, in relation to Northern Ireland, Article 2(2) of the Social Security Pensions (Northern Ireland) Order 1975;

  • “personal pension scheme” has the meaning given by F41section 1 of the Pension Schemes Act 1993 or, in relation to Northern Ireland, F42section 1 of the Pension Schemes (Northern Ireland) Act 1993;

  • “prescribed” means prescribed by regulations;

  • “protected rights” has the same meaning as in F37the Pension Schemes Act 1993 and, in relation to Northern Ireland, the F39Pension Schemes (Northern Ireland) Act 1993;

  • “qualifying member” means a person to whom Part II of this Schedule applies;

  • “qualifying service” means the service by reference to which a qualifying member’s entitlement to benefit under the scheme is calculated; and

  • “scheme” means the relevant occupational pension scheme constituted by Part I or section 19 of this Act.

F432

The definition of “authorised insurer” in sub-paragraph (1) must be read with—

a

section 22 of the Financial Services and Markets Act 2000;

b

any relevant order under that section;

c

Schedule 2 to that Act.

Regulations

2

Regulations for the purposes of this Schedule may be made, with the concurrence of the Treasury, by the Lord Chancellor or, in relation to Scotland, the Secretary of State.

Other provisions about transfer values

3

F44Chapter IV of Part IV of the Pension Schemes Act 1993 (transfer values) and F45Chapter IV of Part IV of the Pension Schemes (Northern Ireland) Act 1993 (corresponding Northern Ireland provisions) shall not apply in relation to those schemes to which this Schedule applies.

Part II Transfers out

Qualifying members

4

1

Where the conditions mentioned in sub-paragraph (2) below are satisfied, this Part of this Schedule applies to any person—

a

to or in respect of whom benefits are payable under a scheme; and

b

whose qualifying service ends after this Schedule comes into force.

2

The conditions are that—

a

his qualifying service ends at least one year before he reaches normal pension age; and

b

on the date on which it ends—

i

he has accrued rights to benefit under the scheme; or

ii

he would have such rights if his service in qualifying judicial office had also ended on that date.

Qualifying member’s right to a transfer payment

5

1

When his qualifying service ends, a qualifying member acquires a right to the cash equivalent at the relevant date of any benefits—

a

which have accrued to, or in respect of him, under the scheme; or

b

where service of his in qualifying judicial office is disregarded service, which would have so accrued if his service in qualifying judicial office had ended on the same date as that on which his qualifying service ended.

2

In this paragraph “the relevant date” means—

a

the date when the qualifying member’s qualifying service ends, or

b

the date of any application which he has made under paragraph 6 below and which has not been withdrawn,

whichever is the later.

Method of taking cash benefit

6

1

A qualifying member who acquires a right to a cash equivalent under paragraph 5 above may only take it by exercising the option conferred by this paragraph.

2

The option is that of requiring the Treasury to use the cash equivalent in whichever of the following ways the qualifying member chooses—

a

for acquiring transfer credits allowed under the rules of another occupational pension scheme—

i

whose trustees or managers are able and willing to accept him; and

ii

which satisfies prescribed requirements;

b

for acquiring rights allowed under the rules of a personal pension scheme—

i

whose trustees or managers are able and willing to accept him; and

ii

which satisfies prescribed requirements;

c

for purchasing from one or more authorised F46insurers—

i

chosen by the qualifying member, and

ii

willing to accept payment on his account from the Treasury,

one or more annuities which satisfy prescribed requirements;

d

for subscribing to other pension arrangements which satisfy prescribed requirements.

3

Without prejudice to the generality of the power to prescribe requirements under sub-paragraph (2) above, such requirements may provide that pension arrangements or a scheme or annuity must satisfy such requirements of the Commissioners of Inland Revenue as may be prescribed.

4

A qualifying member may exercise his option in different ways in relation to different portions of his cash equivalent.

5

A qualifying member who exercises his option must do so in relation to the whole of his cash equivalent or, where sub-paragraph (6) below applies, in relation to the whole of the reduced cash equivalent.

6

Where—

a

the trustees or managers of—

i

an occupational pension scheme which is not a contracted-out scheme, or

ii

a personal pension scheme which is not an appropriate scheme under F47section 7 of the Pension Schemes Act 1993, F48section 3 of the Pension Schemes (Northern Ireland) Act 1993 or under any prescribed provision, or

iii

a self-employed pension arrangement within the meaning of regulation 2D of the M10Occupational Pension Schemes (Transfer Values) Regulations 1985, regulation 2D of the M11Occupational Pension Schemes (Transfer Values) Regulations (Northern Ireland) 1985, regulation 2A of the M12Personal Pension Schemes (Transfer Values) Regulations 1987, regulation 2A of the M13Personal Pension Schemes (Transfer Values) Regulations (Northern Ireland) 1987 or any other prescribed provision,

are able or willing to accept a transfer payment only in respect of a qualifying member’s rights other than his accrued rights to a guaranteed minimum pension or his protected rights; and

b

the member has not required the Treasury to use the portion of his cash equivalent which represents a guaranteed minimum pension or protected rights in any of the ways specified in sub-paragraph (2) above,

paragraph 5 above, this paragraph and paragraph 7 below are to be read as conferring on the member an option only in respect of the reduced cash equivalent.

7

In this paragraph “reduced cash equivalent” means a sum equal to the balance of the cash equivalent to which the qualifying member would be entitled if sub-paragraph (6) above did not apply, after deduction of an amount sufficient for the Treasury to meet its liability in respect of the member’s guaranteed minimum pension or protected rights or those of his widow, or her widower.

Calculation of cash equivalents

7

1

Cash equivalents are to be calculated and verified in the prescribed manner.

2

Regulations made under sub-paragraph (1) above may, in particular, provide—

a

that in calculating cash equivalents account shall be taken—

i

of any surrender or forfeiture of the whole or part of a qualifying member’s pension which occurs before the Treasury does what is needed to comply with the choice made by him in exercising his option;

ii

in a case where paragraph 6(6) above applies, of the need to deduct an appropriate amount to provide a guaranteed minimum pension or give effect to protected rights; and

b

that in prescribed circumstances a qualifying member’s cash equivalent shall be increased or reduced.

3

Without prejudice to the generality of sub-paragraph (2) above, the circumstances that may be specified by virtue of paragraph (b) of that sub-paragraph include the length of time which elapses between the termination of a qualifying member’s qualifying service and his exercise of the option conferred by paragraph 6 above.

Time within which option must be exercised

8

1

A qualifying member may only exercise his option on or before the last option date.

2

The last option date is—

a

the date which falls one year before the date on which the qualifying member reaches normal pension age, or

b

the end of the period of six months beginning with the date on which his qualifying service ends,

whichever is the later.

3

A qualifying member loses the right to any cash equivalent under this Schedule if—

a

his pension becomes payable before he reaches normal pension age; or

b

he fails to exercise his option on or before the last option date.

Option to be exercised in writing

9

1

A qualifying member may only exercise his option by making an application in writing to the Treasury.

2

In any case where—

a

a qualifying member has exercised his option, and

b

the Treasury has done what is needed to comply with the choice made by him in exercising his option,

the Treasury shall be discharged from any obligation to provide benefits to which the cash equivalent related except, in any such cases as are mentioned in paragraph 6(6) above, to the extent that an obligation to provide guaranteed minimum pensions or give effect to protected rights continues to subsist.

3

If the Treasury receives an application under this paragraph, it shall be its duty, subject to the following provisions of this paragraph, to do what is needed to comply with the choice made by the qualifying member in exercising his option—

a

within twelve months of the date on which it receives his application, or

b

by the date on which he attains normal pension age,

whichever is the earlier.

Cancellation of exercise of option

10

1

A qualifying member may cancel the exercise of his option by giving the Treasury notice in writing that he no longer wishes it to be exercised.

2

No such notice shall have effect if it is given to the Treasury at a time when, in order to comply with the choice made by the qualifying member in exercising his option, the Treasury has entered into an agreement with a third party to use the whole or part of his cash equivalent in a way specified in paragraph 6(2)(a), (b), (c) or (d) above.

3

A qualifying member who withdraws an application may make another.

Part III Transfers in

Application to accept payment into scheme

11

1

Where a member of a scheme has asked the appropriate Minister to accept a payment representing the cash equivalent of his accrued rights in any other qualifying scheme, that Minister may—

a

to the extent to which it does not exceed the prescribed limit, accept the payment or any part of it; or

b

refuse to accept the payment or any part of it.

2

A request under sub-paragraph (1) above must be made—

a

in writing;

b

before the person making it has reached normal pension age; and

c

not less than one year before he becomes entitled to a pension on retirement from his qualifying service.

3

In this paragraph—

  • “the prescribed limit” means the limit prescribed by regulations made by virtue of paragraph 13(a) below;

  • “qualifying scheme” means—

    1. a

      an occupational pension scheme, a personal pension scheme, or an annuity purchased from an authorised F49insurer, which satisfies prescribed requirements; or

    2. b

      other prescribed pension arrangements.

Cancellation of request

12

1

A member may, by notice in writing given to the appropriate Minister, cancel a request made by him under paragraph 11 above, at any time before it has been accepted.

2

A transferring member who withdraws an application may make another.

Regulations

13

Regulations may—

a

prescribe limits on the amounts which the appropriate Minister may accept under paragraph 11(1) above;

b

make provision as to the manner in which payments are to be accepted into a scheme under this Part of this Schedule;

c

make provision as to the benefits which are to be provided to a member to reflect any such payment accepted with respect to him;

d

prescribe formulae, based on tables of factors provided by the Government Actuary, to be used when performing any calculation relating to the acceptance of transfer payments or the provision of benefits.

F53SCHEDULE 2A PENSION CREDITS

Annotations:
Amendments (Textual)
F53

Sch. 2A inserted (1.12.2000) by S.I. 2000/2986, reg. 3

F501

1

In any case where—

a

a person (“the transferee”) becomes entitled to a pension credit under section 29 of the Welfare Reform and Pensions Act 1999 (“the 1999 Act”); and

b

that pension credit is derived from the rights of another person (“the transferor”) under—

i

an occupational pension scheme constituted by Part I or section 19 of this Act; or

ii

any scheme in relation to which a scheme within sub-paragraph (i) is specified as an alternative for the purposes of paragraph 2 of Schedule 5 to the 1999 Act,

the transferee shall become entitled to rights under this paragraph in respect of that pension credit.

2

The rights which are to be provided under this paragraph shall be so calculated as to be appropriate rights for the purposes of paragraph 5 of Schedule 5 to the 1999 Act, and any regulations made by the Secretary of State for the purposes of that paragraph shall apply accordingly.

3

Subject to sub-paragraph (2) above, the rights which are to be provided under this paragraph, shall be such as may be prescribed by the appropriate Minister in regulations, which shall provide for the calculation and payment of any sums payable as part of those rights.

4

Regulations under sub-paragraph (3) above may—

a

provide for the calculation of the amounts payable in such manner as may, in the particular case, be approved by a person prescribed by the regulations, or in accordance with guidance from time to time prepared by a person so prescribed;

b

include provision by reference to regulations made under section 30 of or Schedule 5 to the 1999 Act; or

c

include provision by reference to regulations made under paragraph 13 of Schedule 2 to this Act.

5

Section 28(1) of this Act shall apply to any pension or lump sum payable by virtue of this paragraph as if it were—

a

a pension or lump sum under Part I of this Act; or

b

a payment authorised by section 19 of this Act,

payable to the transferor in respect of the office which he held at the time of the order or agreement under which the pension credit arose.

F512

The appropriate Minister shall have no power to accept, for the benefit of a member of a judicial pension scheme—

a

a payment under paragraph 1(3) of Schedule 5 to the 1999 Act,

b

a payment under section 95 of the Pension Schemes Act 1993 F52, or

c

any other payment,

to the extent that that payment directly or indirectly represents a pension credit.

SCHEDULE 3 Corresponding minor amendments to other pensions enactments

Section 24.

Part I Amendments of the 1981 Act

Dependent children: maximum allowable remuneration

1

1

In section 21 of the 1981 Act (meaning of “period of childhood and full-time education”) in subsection (1)(c)(ii), for the words from “do not exceed” to “a year” there shall be substituted the words “ do not exceed the maximum allowable remuneration ”.

2

After subsection (3) of that section (meaning of “emoluments”) there shall be inserted—

3A

For the purposes of subsection (1)(c)(ii) above, the “maximum allowable remuneration” at any time is an annual rate (£1,614 a year, at the passing of the Judicial Pensions and Retirement Act 1993) equal to that at which a pension of £250 a year—

a

first awarded under the principal civil service pension scheme on 1st June 1972, and

b

increased from time to time by the amount of increase that would be applied under the Pensions (Increase) Act 1971 to such a pension,

would (as so increased) be payable at that time, rounding any resulting fraction of £1 up to the next whole £1.

3

Subsections (5) and (6) of that section (orders increasing the earnings limit in subsection (1)(c)(ii)) shall cease to have effect.

Appeals

2

1

Section 15 of the 1981 Act (which provides that the decision of the Treasury on certain questions shall be final) shall cease to have effect.

2

After section 32 of that Act there shall be inserted—

32A Appeals.

1

If any person to whom this section applies is aggrieved by any decision taken by the administrators of a relevant pension scheme concerning—

a

the interpretation of the rules of the scheme, or

b

the exercise of any discretion under the scheme,

he shall have a right of appeal to the appropriate Minister against that decision.

2

On deciding an appeal under this section, the appropriate Minister may give to the administrators such directions as he considers necessary or expedient for implementing his decision.

3

The persons to whom this section applies are the following—

a

any member of the scheme;

b

the widow or widower, or any surviving dependant, of a deceased member of the scheme;

c

where the decision relates to the question—

i

whether a person who claims to be such a person as is mentioned in paragraph (a) or (b) above is such a person, or

ii

whether a person who claims to be entitled to become a member of the scheme is so entitled,

the person so claiming.

4

Regulations may make provision as to the manner in which, and time within which, appeals under this section are to be brought.

5

The administrators shall be entitled to appear and be heard on any appeal under this section.

6

In this section—

  • “the administrators”, in relation to a pension scheme, means the persons entrusted with the administration of the scheme;

  • “the appropriate Minister” means—

    1. a

      in relation to any judicial office whose jurisdiction is exercised exclusively in relation to Scotland, the Secretary of State; or

    2. b

      subject to paragraph (a) above, the Lord Chancellor;

  • “member”, in relation to a pension scheme, means a person whose service in an office is, was or is to be subject to the scheme;

  • “regulations” means regulations made by the appropriate Minister;

  • “relevant pension scheme” means any pension scheme constituted under or by virtue of this Act;

  • “rules”, in relation to a relevant pension scheme, means the provisions of this Act, and of any regulations or orders made under this Act, so far as relating to that scheme.

Additional voluntary contributions

3

1

Section 33A of the 1981 Act (which confers power to make regulations entitling any member of a judicial pension scheme constituted by that Act or by the M14Sheriffs’ Pensions (Scotland) Act 1961 to make voluntary contributions towards the provision of additional benefits under the scheme) shall be amended in accordance with the following provisions of this paragraph.

2

In subsection (1), after the word “provision” there shall be inserted “ (a) ” and for the words “under the scheme” there shall be substituted the words

whether under the scheme or otherwise; or

b

imposing conditions with respect to the exercise by any such person of any entitlement (whether or not under paragraph (a) above) which he may have to make any such voluntary contributions.

3

After that subsection there shall be inserted—

1A

The regulations may make provision for the purpose of imposing, in a case where a member makes voluntary contributions, upper limits with respect to—

a

the aggregate value of the aggregable benefits which may be paid to or in respect of any such member; and

b

the amount which any such member may pay by way of such contributions;

and, without prejudice to the generality of paragraph (b) above, the regulations may, in particular, impose such an upper limit on the amount which a member may pay by way of voluntary contributions as will, so far as reasonably practicable, secure that the aggregate value referred to in paragraph (a) above will not exceed the limit prescribed under that paragraph.

1B

The regulations may—

a

prescribe the manner in which aggregable benefits are to be valued for the purpose of any such aggregation as is mentioned in subsection (1A) above;

b

confer on the administrators of a judicial pension scheme power to require a member who is making, or who wishes to make, voluntary contributions to provide such information as they may require concerning any retained benefits of his;

c

permit the disclosure by those administrators of any information which they may obtain concerning any such retained benefits—

i

to, or to any officers of, the Commissioners of Inland Revenue; or

ii

to, or to any servants or agents of, any authorised provider who is, or may be, concerned in the investment of the voluntary contributions or the provision of the additional benefits in question.

4

In subsection (2), in paragraph (b) (no limit on voluntary contributions, other than an upper limit corresponding to that imposed by section 594 of the M15Income and Corporation Taxes Act 1988) after the words “other than” there shall be inserted the words

either or both of the following, that is to say—

i

such upper limit as may be imposed by virtue of subsection (1A)(b) above; or

(ii)

5

At the end of that subsection there shall be added the words—

“ but paragraphs (c) and (d) above have effect only in relation to a voluntary contributions scheme constituted by or under this Act or the Sheriffs’ Pensions (Scotland) Act 1961. ”

6

In subsection (3) (regulations about valuation of benefits etc)—

a

the word “and” immediately preceding paragraph (b) shall be omitted; and

b

in that paragraph, for the words “limit imposed by virtue of” there shall be substituted the words “ such limit as is mentioned in ”.

7

At the end of that subsection there shall be added—

c

provide for any administrative expenses incurred by any person by virtue of this section to be defrayed out of sums received by way of voluntary contributions;

d

provide for the manner in which voluntary contributions are to be made;

e

make provision for, and in connection with, the valuation of a person’s accrued rights—

i

under any occupational or personal pension scheme, which are to be transferred into a voluntary contributions scheme, or

ii

under any voluntary contributions scheme, which on termination of his membership of that scheme may fall to be transferred into another scheme;

f

prescribe the additional benefits which are to be available under a voluntary contributions scheme and the rates and times at which those benefits are to be payable;

g

make provision for and in connection with the making of elections between different benefits available under voluntary contributions schemes;

h

provide for the terms on which a person may terminate his membership of a voluntary contributions scheme;

j

provide for the terms on which surplus funds may be refunded to a person who has made payments by way of voluntary contributions to a voluntary contributions scheme;

k

specify any authorised providers—

i

who are to invest any prescribed voluntary contributions, or

ii

who are to provide any prescribed additional benefits,

and, if two or more authorised providers are so specified, may make provision entitling any person who makes prescribed payments by way of voluntary contributions to elect between those authorised providers.

8

Subsection (4) (limitation of voluntary contributions by reference to maximum entitlement of members) shall be omitted and before subsection (5) there shall be inserted—

4A

The regulations may provide for such additional benefits arising under or by virtue of this section as may be prescribed—

a

to be charged on, and paid out of, the Consolidated Fund; or

b

to be paid out of money provided by Parliament.

9

After subsection (5) there shall be inserted—

5A

The regulations may make different provision for different classes or descriptions of voluntary contributions scheme.

10

After subsection (8) there shall be added—

9

In this section—

  • “administrators”, in relation to any scheme, means the persons entrusted with the administration of that scheme;

  • “aggregable benefits” means—

    1. a

      any pensions or other benefits under a judicial pension scheme, other than such additional benefits as are mentioned in subsection (1) above;

    2. b

      such additional benefits so mentioned as may be prescribed; and

    3. c

      such retained benefits as may be prescribed;

  • “authorised provider”, in relation to the investment of any sums paid by way of voluntary contributions or the provision of any benefit, means a person who is authorised under Chapter III of Part I of the Financial Services Act 1986 to invest those sums or, as the case may be, to provide that benefit;

  • “employment” has the same meaning as it has in the Social Security Pensions Act 1975 (and accordingly includes employment as a self-employed earner, within the meaning of that Act);

  • “judicial pension scheme” has the meaning given by section 14A(2) above;

  • “member” means member of a judicial pension scheme;

  • “occupational pension scheme” has the meaning given by section 66(1) of the Social Security Pensions Act 1975 or, in relation to Northern Ireland, Article 2(2) of the Social Security Pensions (Northern Ireland) Order 1975;

  • “personal pension scheme” has the meaning given by section 84(1) of the Social Security Act 1986 or, in relation to Northern Ireland, Article 2(2) of the Social Security (Northern Ireland) Order 1986;

  • “prescribed” means specified in, or determined in accordance with, the regulations;

  • “relevant benefits” has the meaning given by section 612(1) of the Income and Corporation Taxes Act 1988;

  • “retained benefits”, in the case of any person, means any rights retained by him to relevant benefits under any occupational or personal pension scheme which has, or which may be expected to qualify for, tax-exemption or tax-approval, being rights which accrued during some previous employment;

  • “surplus funds”, in relation to a person and any voluntary contributions scheme, means any funds which are, or have been, held for the purposes of that voluntary contributions scheme and which fall to be returned to him in consequence of any such limit as is mentioned in subsection (2)(b) above;

  • “tax-exemption” and “tax-approval” have the meaning given by section 84(1) of the Social Security Act 1986;

  • “voluntary contributions”, in relation to any member of a judicial pension scheme, means voluntary contributions towards the provision of additional benefits, whether under that scheme or otherwise;

  • “voluntary contributions scheme” means any occupational pension scheme if and to the extent that it is a scheme under which such additional benefits as are mentioned in subsection (1) above are, or are to be, provided;

and, where a person’s voluntary contributions are made by deduction from salary, any reference to payment of, or by way of, voluntary contributions shall be taken to include a reference to the making of voluntary contributions by deduction or, as the case may require, to any voluntary contributions so made.

10

Without prejudice to subsections (3)(c) and (d) and (4A) above, there may be paid out of money provided by Parliament—

a

any sums required for or in connection with the operation or administration of any prescribed voluntary contributions scheme; or

b

any administrative expenses incurred under or by virtue of this section by a Minister of the Crown or government department.

11

Any sums received under this section may be paid into the Consolidated Fund.

Part II Amendment of the Sheriffs’ Pensions (Scotland) Act 1961

Appeals

4

After section 9 of the M16Sheriffs’ Pensions (Scotland) Act 1961 there shall be inserted—

9A Appeals.

1

If any person to whom a pension is payable under this Act is aggrieved by any decision taken by the administrators of a pension scheme constituted by this Act concerning—

a

the interpretation of the provisions of the scheme, or

b

the exercise of any discretion under the scheme,

he shall have a right of appeal to the Secretary of State.

2

On deciding an appeal under this section, the Secretary of State may give to the administrators such directions as he considers necessary or expedient for implementing his decision.

3

The Secretary of State may by regulations make provision as to the manner in which, and time within which, appeals under this section are to be brought.

4

The administrators shall be entitled to appear and be heard on any appeal under this section.

5

In this section, “the administrators”, in relation to a pension scheme, means the persons entrusted with the administration of the scheme.

Part III Amendments of Northern Ireland Provisions

Interpretation

5

In this Part of this Schedule—

  • “the 1951 Act” means the M17Judicial Pensions Act (Northern Ireland) 1951;

  • “the 1959 Act” means the M18County Courts Act (Northern Ireland) 1959;

  • “the 1960 Act” means the M19Resident Magistrates’ Pensions Act (Northern Ireland) 1960;

  • “the 1964 Order” means the M20Lands Tribunal (Salaries and Superannuation) Order (Northern Ireland) 1964;

  • “the 1969 Act” means the M21Superannuation (Miscellaneous Provisions) Act (Northern Ireland) 1969;

  • “the 1975 Act” means the M22Social Security (Northern Ireland) Act 1975.

Dependent children: maximum allowable remuneration

6

1

In subsection (1)(c)(ii) of each of the following enactments (which give the meaning of “period of childhood and full-time education”), that is to say—

a

section 9 of the 1951 Act,

b

section 125 of the 1959 Act,

c

section 7 of the 1960 Act,

for the words from “do not exceed” to “a year” there shall be substituted the words “ do not exceed the maximum allowable remuneration ”.

2

In paragraph 1(c)(ii) of Article 9 of the 1964 Order (which gives the meaning of “period of childhood and full-time education”), for the words from “do not exceed” to “a year” there shall be substituted the words “ do not exceed the maximum allowable remuneration ”.

3

The subsection set out in sub-paragraph (4) below shall be inserted—

a

numbered as subsection (2A), after subsection (2) of section 9 of the 1951 Act;

b

numbered as subsection (2A), after subsection (2) of section 125 of the 1959 Act;

c

numbered as subsection (4A), after subsection (4) of section 7 of the 1960 Act.

4

The subsection inserted by sub-paragraph (3) above is as follows—

0

For the purposes of subsection (1)(c)(ii), the “maximum allowable remuneration” at any time is an annual rate (£1,614 a year, at the passing of the Judicial Pensions and Retirement Act 1993) equal to that at which a pension of £250 a year—

a

first awarded under the principal civil service pension scheme (within the meaning of that Act) on 1st June 1972, and

b

increased from time to time by the amount of increase that would be applied under the Pensions (Increase) Act 1971 to such a pension,

would (as so increased) be payable at that time, rounding any resulting fraction of £1 up to the next whole £1.

5

A paragraph in the same terms as the subsection set out in sub-paragraph (4) above, but with the substitution of the word “ paragraph ” for the word “subsection”, shall be inserted, numbered as paragraph (2A), after paragraph (2) of Article 9 of the 1964 Order.

6

Paragraph 18 of Schedule 1 to the M23Superannuation (Amendment) Act (Northern Ireland) 1966 (orders increasing the earnings limit in subsection (1)(c)(ii) of each of the sections specified in sub-paragraph (1) above) shall cease to have effect.

Appeals

7

1

The following enactments (which correspond to section 15 of the 1981 Act) shall cease to have effect, that is to say—

a

section 116(6) of the 1959 Act;

b

section 14 of the 1960 Act;

c

paragraph 6(4) of Schedule 10 to the 1975 Act.

2

The section set out in sub-paragraph (3) below shall be inserted—

a

numbered as section 132A, after section 132 of the 1959 Act;

b

numbered as section 21A, after section 21 of the 1960 Act.

3

The section inserted by sub-paragraph (2) above is as follows—

0 Appeals.

1

If any person to whom this section applies is aggrieved by any decision taken by the administrators of a relevant pension scheme concerning—

a

the interpretation of the rules of the scheme, or

b

the exercise of any discretion under the scheme,

he shall have a right of appeal to the Lord Chancellor against that decision.

2

On deciding an appeal under this section, the Lord Chancellor may give to the administrators such directions as he considers necessary or expedient for implementing his decision.

3

The persons to whom this section applies are the following—

a

any member of the scheme;

b

the widow or widower, or any surviving dependant, of a deceased member of the scheme;

c

where the decision relates to the question—

i

whether a person who claims to be such a person as is mentioned in paragraph (a) or (b) is such a person, or

ii

whether a person who claims to be entitled to become a member of the scheme is so entitled,

the person so claiming.

4

The Lord Chancellor may by regulations make provision as to the manner in which, and time within which, appeals under this section are to be brought.

5

Regulations made under this section shall be subject to annulment in like manner as a statutory instrument and section 5 of the Statutory Instruments Act 1946 shall apply accordingly.

6

The administrators shall be entitled to appear and be heard on any appeal under this section.

7

In this section—

  • “the administrators”, in relation to a pension scheme, means the persons entrusted with the administration of the scheme;

  • “member”, in relation to a pension scheme, means a person whose service in an office is, was or is to be subject to the scheme;

  • “relevant pension scheme” means any pension scheme constituted under or by virtue of this Act;

  • “rules”, in relation to a relevant pension scheme, means the provisions of this Act, and of any regulations or orders made under this Act, so far as relating to that scheme.

4

A paragraph in the same terms as the section set out in sub-paragraph (3) above, but with the substitution of the words “ this paragraph ” for the words “this section”, wherever occurring, shall be inserted, numbered as paragraph 7B, after paragraph 7A of Schedule 10 to the 1975 Act.

Additional voluntary contributions

8

1

The following enactments (which correspond to section 33A of the 1981 Act), that is to say—

a

section 11A of the 1951 Act,

b

section 127A of the 1959 Act, and

c

section 9A of the 1960 Act,

shall be amended in accordance with the following provisions of this paragraph.

2

In subsection (1), after the word “provision” there shall be inserted “ (a) ” and for the words “under the scheme” there shall be substituted the words

whether under the scheme or otherwise; or

b

imposing conditions with respect to the exercise by any such person of any entitlement (whether or not under paragraph (a)) which he may have to make any such voluntary contributions.

3

After that subsection there shall be inserted—

1A

The regulations may make provision for the purpose of imposing, in a case where a member makes voluntary contributions, upper limits with respect to—

a

the aggregate value of the aggregable benefits which may be paid to or in respect of any such member; and

b

the amount which any such member may pay by way of such contributions;

and, without prejudice to the generality of paragraph (b), the regulations may, in particular, impose such an upper limit on the amount which a member may pay by way of voluntary contributions as will, so far as reasonably practicable, secure that the aggregate value referred to in paragraph (a) will not exceed the limit prescribed under that paragraph.

1B

The regulations may—

a

prescribe the manner in which aggregable benefits are to be valued for the purpose of any such aggregation as is mentioned in subsection (1A);

b

confer on the administrators of a judicial pension scheme power to require a member who is making, or who wishes to make, voluntary contributions to provide such information as they may require concerning any retained benefits of his;

c

permit the disclosure by those administrators of any information which they may obtain concerning any such retained benefits—

i

to, or to any officers of, the Commissioners of Inland Revenue; or

ii

to, or to any servants or agents of, any authorised provider who is, or may be, concerned in the investment of the voluntary contributions or the provision of the additional benefits in question.

4

In subsection (2), in paragraph (b) (no limit on voluntary contributions, other than an upper limit corresponding to that imposed by section 594 of the M24Income and Corporation Taxes Act 1988) after the words “other than” there shall be inserted the words

either or both of the following, that is to say—

i

such upper limit as may be imposed by virtue of subsection (1A)(b); or

(ii)

5

At the end of that subsection there shall be added the words—

“ but paragraphs (c) and (d) have effect only in relation to a voluntary contributions scheme constituted by or under this Act. ”

6

In subsection (3) (regulations about valuation of benefits etc)—

a

the word “and” immediately preceding paragraph (b) shall be omitted; and

b

in that paragraph, for the words “limit imposed by virtue of” there shall be substituted the words “ such limit as is mentioned in ”.

7

At the end of that subsection there shall be added—

c

provide for any administrative expenses incurred by any person by virtue of this section to be defrayed out of sums received by way of voluntary contributions;

d

provide for the manner in which voluntary contributions are to be made;

e

make provision for, and in connection with, the valuation of a person’s accrued rights—

i

under any occupational or personal pension scheme, which are to be transferred into a voluntary contributions scheme, or

ii

under any voluntary contributions scheme, which on termination of his membership of that scheme may fall to be transferred into another scheme;

f

prescribe the additional benefits which are to be available under a voluntary contributions scheme and the rates and times at which those benefits are to be payable;

g

make provision for and in connection with the making of elections between different benefits available under voluntary contributions schemes;

h

provide for the terms on which a person may terminate his membership of a voluntary contributions scheme;

i

provide for the terms on which surplus funds may be refunded to a person who has made payments by way of voluntary contributions to a voluntary contributions scheme;

j

specify any authorised providers—

i

who are to invest any prescribed voluntary contributions, or

ii

who are to provide any prescribed additional benefits,

and, if two or more authorised providers are so specified, may make provision entitling any person who makes prescribed payments by way of voluntary contributions to elect between those authorised providers.

8

Subsection (4) (limitation of voluntary contributions by reference to maximum entitlement of members) shall be omitted and before subsection (5) there shall be inserted—

4A

The regulations may provide for such additional benefits arising under or by virtue of this section as may be prescribed—

a

to be charged on, and paid out of, the Consolidated Fund of the United Kingdom; or

b

to be paid out of money provided by the Parliament of the United Kingdom.

9

After subsection (6) there shall be added—

7

In this section—

  • “administrators”, in relation to any scheme, means the persons entrusted with the administration of that scheme;

  • “aggregable benefits” means—

    1. a

      any pensions or other benefits under a judicial pension scheme, other than such additional benefits as are mentioned in subsection (1);

    2. b

      such additional benefits so mentioned as may be prescribed; and

    3. c

      such retained benefits as may be prescribed;

  • “authorised provider”, in relation to the investment of any sums paid by way of voluntary contributions or the provision of any benefit, means a person who is authorised under Chapter III of Part I of the Financial Services Act 1986 to invest those sums or, as the case may be, to provide that benefit;

  • “employment” has the same meaning as it has in the Social Security Pensions (Northern Ireland) Order 1975 (and accordingly includes employment as a self-employed earner, within the meaning of that Order);

  • “judicial pension scheme” means a scheme constituted by this Act;

  • “member” means member of a judicial pension scheme;

  • “occupational pension scheme” has the meaning given by Article 2(2) of the Social Security Pensions (Northern Ireland) Order 1975;

  • “personal pension scheme” has the meaning given by Article 2(2) of the Social Security (Northern Ireland) Order 1986;

  • “prescribed” means specified in, or determined in accordance with, the regulations;

  • “relevant benefits” has the meaning given by section 612(1) of the Income and Corporation Taxes Act 1988;

  • “retained benefits”, in the case of any person, means any rights retained by him to relevant benefits under any occupational or personal pension scheme which has, or which may be expected to qualify for, tax-exemption or tax-approval, being rights which accrued during some previous employment;

  • “surplus funds”, in relation to a person and any voluntary contributions scheme, means any funds which are, or have been, held for the purposes of that voluntary contributions scheme and which fall to be returned to him in consequence of any such limit as is mentioned in subsection (2)(b);

  • “tax-exemption” and “tax-approval” have the meaning given by Article 2(2) of the Social Security (Northern Ireland) Order 1986;

  • “voluntary contributions”, in relation to any member of a judicial pension scheme, means voluntary contributions towards the provision of additional benefits, whether under that scheme or otherwise;

  • “voluntary contributions scheme” means any occupational pension scheme if and to the extent that it is a scheme under which such additional benefits as are mentioned in subsection (1) are, or are to be, provided;

and, where a person’s voluntary contributions are made by deduction from salary, any reference to payment of, or by way of, voluntary contributions shall be taken to include a reference to the making of voluntary contributions by deduction or, as the case may require, to any voluntary contributions so made.

8

Without prejudice to subsections (3)(c) and (d) and (4A), there may be paid out of money provided by the Parliament of the United Kingdom—

a

any sums required for or in connection with the operation or administration of any prescribed voluntary contributions scheme; or

b

any administrative expenses incurred under or by virtue of this section by a Minister of the Crown or government department.

9

Any sums received under this section may be paid into the Consolidated Fund of the United Kingdom.

SCHEDULE 4 Pensions for senior public investigative officers

Section 25.

Part I The Comptroller and Auditor General

1

For section 13 of the M25Superannuation Act 1972 (pension provision for the Comptroller and Auditor General) there shall be substituted—

13 The Comptroller and Auditor General.

1

A person who first holds office on or after the appointed day as the Comptroller and Auditor General (in this section referred to as “the Comptroller”) shall be entitled, if he was a member of a judicial pension scheme immediately before he first holds that office, to elect between—

a

the scheme of pensions and other benefits under that judicial pension scheme (his “former scheme”);

b

(if different from his former scheme) the scheme of pensions and other benefits constituted by Part I of the 1993 Act (“the 1993 scheme”); and

c

the scheme of pensions and other benefits applicable under section 1 of this Act to the civil service of the State (“the civil service scheme”);

and, if he is not entitled to make an election under this subsection, or if he is so entitled but fails to make such an election, he shall be treated as if he had been so entitled and had elected for the civil service scheme.

2

If a person who held the office of Comptroller before the appointed day has made an election under the former enactments for the old judicial scheme, he shall be entitled to make an election under this subsection between—

a

the old judicial scheme; and

b

the 1993 scheme;

and, if he fails to make an election under this subsection, he shall be taken to have elected for the old judicial scheme.

3

If a person who held the office of Comptroller before the appointed day—

a

has made an election under the former enactments for the civil service scheme, or

b

has failed to make an election under those enactments (so that he is taken to have elected for the civil service scheme),

he shall be treated as if he had been entitled to make an election under this section and had elected for the civil service scheme.

4

Where a person elects under this section for his former scheme, that scheme shall, subject to regulations under this section, apply as if his service as Comptroller were service which was subject, in his case, to that scheme.

5

A person who elects under subsection (1)(b) or (2)(b) above for the 1993 scheme, shall be entitled, when he ceases to hold office as Comptroller, to a pension under Part I of the 1993 Act at the appropriate annual rate (within the meaning of that Act) if he has held that office for at least 5 years and either—

a

he has attained the age of 65; or

b

he is disabled by permanent infirmity for the performance of the duties of the office;

and, subject to the following provisions of, and regulations under, this section, the provisions of Part I of that Act (other than sections 1(1) to (4) and 2) and of sections 19, 20 and 23 of, and Schedule 2 to, that Act (which provide for benefits in respect of earnings in excess of pension-capped salary, appeals and transfer of accrued rights) shall apply in relation to him and his service in the office of Comptroller as they apply in relation to a person to whom Part I of that Act applies.

6

Subject to regulations under this section, in the application of provisions of the 1993 Act by virtue of subsection (5) above, a person who elects for the 1993 scheme shall be treated—

a

as if the office of Comptroller were a qualifying judicial office (within the meaning of that Act) by virtue of inclusion among the offices specified in Part I of Schedule 1 to that Act;

b

as if his election under this section were an election such as is mentioned in paragraph (d) of section 1(1) of that Act (so that, in particular, section 12 of that Act, which provides for the transfer of accrued rights into the scheme, applies);

c

as if his pension by virtue of this section were a pension under section 2 of that Act (and, accordingly, a judicial pension, within the meaning of that Act); and

d

for the purpose of determining, in the event of his death, the rate of any surviving spouse’s or children’s pension payable under sections 5 to 8 of that Act in respect of his service as Comptroller, as if references in those sections to the annual rate of the deceased’s judicial pension were references—

i

where a pension had commenced to be paid to him by virtue of subsection (5) above, to the appropriate annual rate of that pension; or

ii

where no such pension had commenced to be paid to him, to the rate that would have been the appropriate annual rate of the pension payable to him by virtue of subsection (5)(b) above, had he not died, but been disabled by permanent infirmity for the performance of the duties of his office on and after the date of death;

and, in the application of that Act to the Comptroller (whether by virtue of subsection (1)(a) or (b) or (2)(b) above) the references to the appropriate Minister in sections 13 (election for personal pension), 19 (benefits in respect of earnings in excess of pension-capped salary) and 20 (appeals) of, and Schedule 2 (transfer of accrued rights) to, that Act shall be taken as references to the Treasury and the power conferred by paragraph 2 of that Schedule to make regulations shall be exercisable by the Treasury.

7

Where a person elects under this section for the civil service scheme, the principal civil service pension scheme within the meaning of section 2 of this Act and for the time being in force shall, subject to regulations under this section, apply as if his service as Comptroller were service in employment in the civil service of the State.

8

Where a person elects under this section for the old judicial scheme, that scheme and the former enactments shall, subject to regulations under this section, continue to have effect in relation to him and his service in the office of Comptroller.

9

Any power to make an election under this section shall be exercisable within such time and in such manner as may be prescribed in regulations under this section.

10

The Treasury may make regulations for purposes supplementary to the other provisions of this section.

11

Any such regulations may, without prejudice to section 38 or 39A of the Superannuation Act 1965 (employment in more than one public office), make special provision with respect to the pensions and other benefits payable to or in respect of a person to whom—

a

his former scheme,

b

the 1993 scheme,

c

the civil service scheme, or

d

the old judicial scheme,

applies, or has applied, in respect of any service other than service as Comptroller.

12

The provision that may be made by virtue of subsection (11) above includes provision—

a

for aggregating—

i

other service falling within his former scheme, the 1993 scheme or the old judicial scheme with service as Comptroller, or

ii

service as Comptroller with such other service,

for the purpose of determining qualification for, or entitlement to, or the amount of, benefit under the scheme in question;

b

for increasing the amount of the benefit payable under any of the schemes mentioned in paragraph (a)(i) above, in the case of a person to whom that scheme applied in respect of an office held by him before appointment as Comptroller, up to the amount that would have been payable under that scheme if he had retired from that office on the ground of permanent infirmity immediately before his appointment.

13

Any statutory instrument made by virtue of this section shall be subject to annulment in pursuance of a resolution of the House of Commons.

14

Any pension or other benefit granted by virtue of this section shall be charged on, and issued out of, the Consolidated Fund.

15

In this section—

  • “the 1981 Act” means the Judicial Pensions Act 1981;

  • “the 1993 Act” means the Judicial Pensions and Retirement Act 1993;

  • “the appointed day” means the day on which Part I of Schedule 4 to the 1993 Act comes into force;

  • “the former enactments” means section 13 of this Act, as it had effect from time to time before the appointed day;

  • “judicial pension scheme” means any public service pension scheme, as defined in—

    1. a

      section 66(1) of the Social Security Pensions Act 1975, or

    2. b

      Article 2(2) of the Social Security Pensions (Northern Ireland) Order 1975,

    under which pensions and other benefits are payable in respect of service in one or more qualifying judicial offices, within the meaning of the 1993 Act, but does not include the civil service scheme;

  • “the old judicial scheme” means the statutory scheme of pensions and other benefits applicable under or by virtue of the 1981 Act to the judicial offices listed in section 1 of that Act.

Part II The Parliamentary Commissioner for Administration

2

For Schedule 1 to the M26Parliamentary Commissioner Act 1967 (pension provision for the Parliamentary Commissioner for Administration) there shall be substituted—

SCHEDULE 1 Pensions and other benefits

Section 2.

Persons taking office after the appointed day

1

A person who first holds office as the Commissioner on or after the appointed day shall be entitled, if he was a member of a judicial pension scheme immediately before he first holds that office, to elect between—

a

the scheme of pensions and other benefits under that judicial pension scheme (his “former scheme”);

b

(if different from his former scheme) the scheme of pensions and other benefits constituted by Part I of the 1993 Act (“the 1993 scheme”); and

c

the scheme of pensions and other benefits applicable under section 1 of the Superannuation Act 1972 to the civil service of the State (“the civil service scheme”);

and, if he is not entitled to make an election under this paragraph, or if he is so entitled but fails to make such an election, he shall be treated as if he had been so entitled and had elected for the civil service scheme.

Transitional provision for persons appointed before the appointed day

2

1

If a person who held the office of Commissioner before the appointed day has made an election under the former enactments for the old judicial scheme, he shall be entitled to make an election under this sub-paragraph between—

a

the old judicial scheme; and

b

the 1993 scheme;

and, if he fails to make an election under this sub-paragraph, he shall be taken to have elected for the old judicial scheme.

2

If a person who held the office of Commissioner before the appointed day—

a

has made an election under the former enactments for the civil service scheme, or

b

has failed to make an election under those enactments (so that he is taken to have elected for the civil service scheme),

he shall be treated as if he had been entitled to make an election under this Schedule and had elected for the civil service scheme.

Effect of election to continue in former scheme

3

Where a person elects under this Schedule for his former scheme, that scheme shall, subject to regulations under this Schedule, apply as if his service as Commissioner were service which was subject, in his case, to that scheme.

Effect of election for the 1993 scheme

4

1

A person who elects under paragraph 1(b) or 2(1)(b) above for the 1993 scheme, shall be entitled, when he ceases to hold office as Commissioner, to a pension under Part I of the 1993 Act at the appropriate annual rate (within the meaning of that Act) if he has held that office for at least 5 years and either—

a

he has attained the age of 65; or

b

he is disabled by permanent infirmity for the performance of the duties of the office;

and, subject to the following provisions of, and regulations under, this Schedule, the provisions of Part I of that Act (other than sections 1(1) to (4) and 2) and of sections 19, 20 and 23 of, and Schedule 2 to, that Act (which provide for benefits in respect of earnings in excess of pension-capped salary, appeals and transfer of accrued rights) shall apply in relation to him and his service in the office of Commissioner as they apply in relation to a person to whom Part I of that Act applies.

2

Subject to regulations under this Schedule, in the application of provisions of the 1993 Act by virtue of sub-paragraph (1) above, a person who elects for the 1993 scheme shall be treated—

a

as if the office of Commissioner were a qualifying judicial office (within the meaning of that Act) by virtue of inclusion among the offices specified in Part I of Schedule 1 to that Act;

b

as if his election under this Schedule were an election such as is mentioned in paragraph (d) of section 1(1) of that Act (so that, in particular, section 12 of that Act, which provides for the transfer of accrued rights into the scheme, applies);

c

as if his pension by virtue of this Schedule were a pension under section 2 of that Act (and, accordingly, a judicial pension, within the meaning of that Act); and

d

for the purpose of determining, in the event of his death, the rate of any surviving spouse’s or children’s pension payable under sections 5 to 8 of that Act in respect of his service as Commissioner, as if references in those sections to the annual rate of the deceased’s judicial pension were references—

i

where a pension had commenced to be paid to him by virtue of sub-paragraph (1) above, to the appropriate annual rate of that pension; or

ii

where no such pension had commenced to be paid to him, to the rate that would have been the appropriate annual rate of the pension payable to him by virtue of sub-paragraph (1)(b) above, had he not died, but been disabled by permanent infirmity for the performance of the duties of his office on and after the date of death;

and, in the application of that Act to the Commissioner (whether by virtue of paragraph 1(a) or (b) or 2(1)(b) above) the references to the appropriate Minister in sections 13 (election for personal pension), 19 (benefits in respect of earnings in excess of pension-capped salary) and 20 (appeals) of, and Schedule 2 (transfer of accrued rights) to, that Act shall be taken as references to the Treasury and the power conferred by paragraph 2 of that Schedule to make regulations shall be exercisable by the Treasury.

Effect of election for, or to continue in, the civil service scheme

5

Where a person elects under this Schedule for the civil service scheme, the principal civil service pension scheme within the meaning of section 2 of the Superannuation Act 1972 and for the time being in force shall, subject to regulations under this Schedule, apply as if his service as Commissioner were service in employment in the civil service of the State.

Effect of election to continue in the old judicial scheme

6

Where a person elects under this Schedule for the old judicial scheme, that scheme and the former enactments shall, subject to regulations under this Schedule, continue to have effect in relation to him and his service in the office of Commissioner.

Time for, and manner of, election

7

Any power to make an election under this Schedule shall be exercisable within such time and in such manner as may be prescribed in regulations under this Schedule.

Regulations

8

1

The Treasury may make regulations for purposes supplementary to the other provisions of this Schedule.

2

Any such regulations may, without prejudice to section 38 or 39A of the Superannuation Act 1965 (employment in more than one public office), make special provision with respect to the pensions and other benefits payable to or in respect of a person to whom—

a

his former scheme,

b

the 1993 scheme,

c

the civil service scheme, or

d

the old judicial scheme,

applies, or has applied, in respect of any service other than service as Commissioner.

3

The provision that may be made by virtue of sub-paragraph (2) above includes provision—

a

for aggregating—

i

other service falling within his former scheme, the 1993 scheme or the old judicial scheme with service as Commissioner, or

ii

service as Commissioner with such other service,

for the purpose of determining qualification for, or entitlement to, or the amount of, benefit under the scheme in question;

b

for increasing the amount of the benefit payable under any of the schemes mentioned in paragraph (a)(i) above, in the case of a person to whom that scheme applied in respect of an office held by him before appointment as Commissioner, up to the amount that would have been payable under that scheme if he had retired from that office on the ground of permanent infirmity immediately before his appointment.

4

Any statutory instrument made by virtue of this Schedule shall be subject to annulment in pursuance of a resolution of the House of Commons.

Pensions and benefits to be charged on the Consolidated Fund

9

Any pension or other benefit granted by virtue of this Schedule shall be charged on, and issued out of, the Consolidated Fund.

Interpretation

10

In this Schedule—

  • “the 1981 Act” means the Judicial Pensions Act 1981;

  • “the 1993 Act” means the Judicial Pensions and Retirement Act 1993;

  • “the appointed day” means the day on which Part II of Schedule 4 to the 1993 Act comes into force;

  • “the former enactments” means Schedule 1 to this Act, as it had effect from time to time before the appointed day;

  • “judicial pension scheme” means any public service pension scheme, as defined in—

    1. a

      section 66(1) of the Social Security Pensions Act 1975, or

    2. b

      Article 2(2) of the Social Security Pensions (Northern Ireland) Order 1975,

    under which pensions and other benefits are payable in respect of service in one or more qualifying judicial offices, within the meaning of the 1993 Act, but does not include the civil service scheme;

  • “the old judicial scheme” means the statutory scheme of pensions and other benefits applicable under or by virtue of the 1981 Act to the judicial offices listed in section 1 of that Act.

F54F54Part III The Health Service Commissioners

Annotations:
Amendments (Textual)
F54

Sch. 4 Pt. III repealed (5.2.1994) by 1993 c. 46, ss. 20(2), 22(4), Sch.3 (with s. 3(4))

The Health Service Commissioners for England and for Wales

3

1

Section 107 of the M136National Health Service Act 1977 (which makes provision with respect to the salaries and pensions of the Health Service Commissioners for England and for Wales) shall be amended in accordance with the following provisions of this paragraph.

2

In subsection (2) (which applies Schedule 1 to the M137Parliamentary Commissioner Act 1967 in relation to persons who have held office as a Health Service Commissioner) for the words “who have held office”, in both places where they occur, there shall be substituted the words “ who hold, or have held, office ”.

3

In subsection (6) (persons not to make simultaneously different elections in pursuance of paragraph 1 of that Schedule in respect of different offices)—

a

in paragraph (a), after the words “paragraph 1” there shall be inserted the words “ or 2 ”; and

b

in paragraph (b), for the words “that paragraph” there shall be substituted the words “ either of those paragraphs ”.

4

In subsection (7) (which, among other things, provides for different regulations to be made under paragraph 4 of that Schedule in relation to different offices) for the words “paragraph 4” there shall be substituted the words “ paragraph 8 ”.

5

The amendments made by sub-paragraphs (2) to (4) above have effect only in relation to Schedule 1 to the Parliamentary Commissioner Act 1967, as substituted by Part II above; and accordingly in any case where—

a

a person makes an election under paragraph 2(1)(a) of that Schedule for the old judicial scheme there mentioned, and

b

the former enactments mentioned in paragraph 6 of that Schedule continue to apply by virtue of that paragraph,

the amendments made by sub-paragraphs (3) and (4) above shall be disregarded in the continuing application of section 107 of the National Health Service Act 1977 in relation to those former enactments as they continue to have effect in relation to that person and that scheme.

The Health Service Commissioner for Scotland

4

1

Section 91 of the M138National Health Service (Scotland) Act 1978 (which makes provision with respect to the salary and pension of the Health Service Commissioner for Scotland) shall be amended in accordance with the following provisions of this paragraph.

2

In subsection (2) (which applies Schedule 1 to the M139Parliamentary Commissioner Act 1967 in relation to persons who have held office as the Health Service Commissioner) for the words “who have held office”, in both places where they occur, there shall be substituted the words “ who hold, or have held, office ”.

3

In subsection (6) (persons not to make simultaneously different elections in pursuance of paragraph 1 of that Schedule in respect of different offices)—

a

in paragraph (a), after the words “paragraph 1” there shall be inserted the words “ or 2 ”; and

b

in paragraph (b), for the words “that paragraph” there shall be substituted the words “ either of those paragraphs ”.

4

In subsection (7) (which, among other things, provides for different regulations to be made under paragraph 4 of that Schedule in relation to different offices) for the words “paragraph 4” there shall be substituted the words “ paragraph 8 ”.

5

The amendments made by sub-paragraphs (2) to (4) above have effect only in relation to Schedule 1 to the M140Parliamentary Commissioner Act 1967, as substituted by Part II above; and accordingly in any case where—

a

a person makes an election under paragraph 2(1)(a) of that Schedule for the old judicial scheme there mentioned, and

b

the former enactments mentioned in paragraph 6 of that Schedule continue to apply by virtue of that paragraph,

the amendments made by sub-paragraphs (3) and (4) above shall be disregarded in the continuing application of section 91 of the M141National Health Service (Scotland) Act 1978 in relation to those former enactments as they continue to have effect in relation to that person and that scheme.

Part IV The Comptroller and Auditor General for Northern Ireland

5

1

The M27Audit (Northern Ireland) Order 1987 shall be amended in accordance with the following provisions of this paragraph.

2

In Article 2(2) (interpretation), in the definition of “the appointed day” after the word “means” there shall be inserted the words “ (except in Article 4A) ”.

3

In paragraph (4) of Article 4 (pension of the Comptroller and Auditor General), after the words “Northern Ireland” (where they occur for the second time) there shall be inserted the words “ unless he elects under Article 4A for it to be treated otherwise ”.

4

After that Article there shall be inserted the following Article—

Pension of Comptroller and Auditor General: supplementary

4A

1

This Article applies to a person—

a

who first holds office on or after the appointed day as the Comptroller and Auditor General; and

b

who, immediately before he first holds that office, is a member of a judicial pension scheme.

2

A person to whom this Article applies shall be entitled to elect between—

a

the scheme of pensions and other benefits under the judicial pension scheme mentioned in paragraph (1)(b) (his “former scheme”);

b

(if different from his former scheme) the scheme of pensions and other benefits constituted by Part I of the 1993 Act (“the 1993 scheme”); and

c

the scheme of pensions and other benefits applicable under the Superannuation (Northern Ireland) Order 1972 to the civil service of Northern Ireland (“the civil service scheme”);

and, if he fails to make an election under this paragraph, he shall be treated as if he had elected for the civil service scheme.

3

Where a person elects under this Article for his former scheme, that scheme shall, subject to regulations under this Article, apply as if his service as Comptroller and Auditor General were service which was subject, in his case, to that scheme.

4

A person who elects under paragraph (2)(b) for the 1993 scheme, shall be entitled, when he ceases to hold office as Comptroller and Auditor General, to a pension under Part I of the 1993 Act at the appropriate annual rate (within the meaning of that Act) if he has held that office for at least 5 years and either—

a

he has attained the age of 65; or

b

he is disabled by permanent infirmity for the performance of the duties of the office;

and, subject to the following provisions of, and regulations under, this Article, the provisions of Part I of that Act (other than sections 1(1) to (4) and 2) and of sections 19, 20 and 23 of, and Schedule 2 to, that Act (which provide for benefits in respect of earnings in excess of pension-capped salary, appeals and transfer of accrued rights) shall apply in relation to him and his service in the office of Comptroller and Auditor General as they apply in relation to a person to whom Part I of that Act applies.

5

Subject to regulations under this Article, in the application of provisions of the 1993 Act by virtue of paragraph (4), a person who elects for the 1993 scheme shall be treated—

a

as if the office of the Comptroller and Auditor General were a qualifying judicial office (within the meaning of that Act) by virtue of inclusion among the offices specified in Part I of Schedule 1 to that Act;

b

as if his election under this Article were an election such as is mentioned in paragraph (d) of section 1(1) of that Act (so that, in particular, section 12 of that Act, which provides for the transfer of accrued rights into the scheme, applies);

c

as if his pension by virtue of this Article were a pension under section 2 of that Act (and, accordingly, a judicial pension, within the meaning of that Act); and

d

for the purpose of determining, in the event of his death, the rate of any surviving spouse’s or children’s pension payable under sections 5 to 8 of that Act in respect of his service as Comptroller and Auditor General, as if references in those sections to the annual rate of the deceased’s judicial pension were references—

i

where a pension had commenced to be paid to him by virtue of paragraph (4), to the appropriate annual rate of that pension; or

ii

where no such pension had commenced to be paid to him, to the rate that would have been the appropriate annual rate of the pension payable to him by virtue of paragraph (4)(b), had he not died, but been disabled by permanent infirmity for the performance of the duties of his office on and after the date of death;

and, in the application of that Act to the Comptroller and Auditor General (whether by virtue of paragraph (2)(a) or (b)) the references to the appropriate Minister in sections 13 (election for personal pension), 19 (benefits in respect of earnings in excess of pension-capped salary) and 20 (appeals) of, and Schedule 2 (transfer of accrued rights) to, that Act shall be taken as references to the Treasury and the power conferred by paragraph 2 of that Schedule to make regulations shall be exercisable by the Treasury.

6

Where a person elects under this Article for the civil service scheme, Article 4(4) shall apply in relation to his service as Comptroller and Auditor General.

7

Any power to make an election under this Article shall be exercisable within such time and in such manner as may be prescribed in regulations under this Article.

8

The Treasury may make regulations for purposes supplementary to the other provisions of this Article.

9

Any such regulations may, without prejudice to section 38 of the Superannuation Act (Northern Ireland) 1967 or section 39A of the Superannuation Act 1965 (employment in more than one public office), make special provision with respect to the pensions and other benefits payable to or in respect of a person to whom—

a

his former scheme,

b

the 1993 scheme, or

c

the civil service scheme,

applies, or has applied, in respect of any service other than service as Comptroller and Auditor General.

10

The provision that may be made by virtue of paragraph (9) includes provision—

a

for aggregating—

i

other service falling within his former scheme or the 1993 scheme with service as Comptroller and Auditor General, or

ii

service as Comptroller and Auditor General with such other service,

for the purpose of determining qualification for, or entitlement to, or the amount of, benefit under the scheme in question;

b

for increasing the amount of the benefit payable under either of the schemes mentioned in sub-paragraph (a)(i), in the case of a person to whom that scheme applied in respect of an office held by him before appointment as Comptroller and Auditor General, up to the amount that would have been payable under that scheme if he had retired from that office on the ground of permanent infirmity immediately before his appointment.

11

Regulations made under this Article shall be subject to annulment in like manner as a statutory instrument and section 5 of the Statutory Instruments Act 1946 shall apply accordingly.

12

Any pension or other benefit granted by virtue of this Article (except a pension or other benefit under the civil service scheme) shall be charged on, and issued out of, the Consolidated Fund of the United Kingdom.

13

In this Article—

  • “the 1993 Act” means the Judicial Pensions and Retirement Act 1993;

  • “the appointed day” means the day on which Part IV of Schedule 4 to the 1993 Act comes into force;

  • “judicial pension scheme” means any public service pension scheme, as defined in—

    1. a

      section 66(1) of the Social Security Pensions Act 1975, or

    2. b

      Article 2(2) of the Social Security Pensions (Northern Ireland) Order 1975,

    under which pensions and other benefits are payable in respect of service in one or more qualifying judicial offices, within the meaning of the 1993 Act, but does not include the civil service scheme.

Part V The Northern Ireland Parliamentary Commissioner for Administration and the Northern Ireland Commissioner for Complaints

F556

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F567

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 5 Retirement provisions: the relevant offices

Section 26.

Annotations:
Amendments (Textual)
F58

Words in Sch. 5 repealed (S.) (9.8.2000) by 2000 asp 9, s. 12, Sch. para. 5(2)

F59

Sch. 5: Entry inserted (1.4.2005) by Courts Act 2003 (c. 39), ss. 89(2), 110(1); S.I. 2005/910, art. 3(v)

F60

Sch. 5: entries relating to the Master and Deputy or temporary Master of the Court of Protection omitted (with saving) (1.10.2007) by virtue of Mental Capacity Act 2005 (c. 9), ss. 67(1), 68(1)-(3), Sch. 6 para. 38(3) (with ss. 27, 28, 29, 62); S.I. 2007/1897, art. 2(c)(d)

F61

Sch. 5: words in entries relating to deputy district judges substituted (19.7.2007) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 56, 148(5), Sch. 11 para. 13

F62

Sch. 5: words in entry repealed (1.5.2004) by Courts Act 2003 (c. 39), ss. 109(3), 110(1), Sch. 10; S.I. 2004/1104, art. 3(h)(iii)

F64

Words in Sch. 5 substituted (in force for specified purposes at 6.9.1999 and 5.10.1999 respectively and in force at 29.11.1999 in so far as not already in force except for specified purposes) by 1998 C. 14, s. 86(1), Sch. 7 para. 124(1)(a); S.I. 1999/2422, art. 2(c), Sch. 1 (subject to transitional provisions in Sch. 14); S.I. 1999/2739, art. 2, Sch. 1 (subject to transitional provisions in Sch. 2); S.I. 1999/3178, art. 2(1)(2), Sch. 1 (subject to transitional provisions in Schs. 21-23)

F65

Sch. 5: First entry relating to "Chief or other Child Support Commissioner" omitted (3.11.2008) by virtue of The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 9(1), Sch. 3 para. 110(a)

F66

Entry in Sch. 5 substituted (1.6.1999) by 1998 c. 14, s. 86(1), Sch. 7 para. 124(b); S.I. 1999/1510, art. 2(g)(vii)

F67

Entry in Sch. 5 substituted (29.11.1999 except for specified purposes) by S.I. 1998/1506 (N.I. 10), art. 78(1)(2), Sch. 6 para. 93(1); S.R. 1999/472, art. 2(1)(a)(2), Sch. 1 (subject to transitional provisions in arts. 20-22)

F68

Entries in Sch. 5 repealed (in force for specified purposes at 18.10.1999 so far as relating to chairmen of disability appeal tribunals and vaccine damage tribunals and in force at 29.11.1999 in so far as not already in force except for specified purposes) by 1998 c. 14, s. 86(1)(2), Sch. 7 para. 124(2), Sch. 8; S.I. 1999/2860, art. 2(c), Sch. 1 (subject to transitional provisions in Schs. 16-18); S.I. 1999/3178, art. 2(1)(2), Sch. 1 (subject to transitional provisions in Schs. 21-23)

F69

Entry in Sch. 5 repealed (1.6.1999) by 1998 c. 14, s. 86(1)(2), Sch. 7 para. 124(2), Sch. 8; S.I. 1999/1510, art. 2(g)(viii)

F70

Entry in Sch. 5 repealed (29.11.1999 except for specified purposes) by S.I. 1998/1506 (N.I. 10), art. 78(1)(2), Sch. 6 para. 92(2); S.R. 1999/472, art. 2(1)(2), Sch. 1 (subject to transitional provisions in arts. 20-22)

F72

Words in Sch. 5 substituted (1.8.1998) by 1998 c. 8, ss. 1(2)(d), 16 (with s. 16(2)); S.I. 1998/1658, art. 2(1)

F73

Words in Sch. 5 substituted (1.8.1998) by 1998 c. 8, ss. 1(2)(e), 16; S.I. 1998/1658, art. 2(1)

F74

Words in Sch. 5 substituted (1.8.1998) by 1998 c. 8, ss. 1(2)(b), 16; S.I. 1998/1658, art. 2(1)

F75

Words in Sch. 5 substituted (E.W.S.) (22.8.1996) by 1996 c. 17, ss. 43, 46, Sch. 1 para. 10(3)(a)

F76

Words in Sch. 5 substituted (1.8.1998) by 1998 c. 8, s. 1(2)(c), 16 (with s. 16(2)); S.I. 1998/1658, art. 2(1)

F77

Words in Sch. 5 substituted (24.9.1996) by S.I. 1996/1921 (N.I. 18), art. 26, Sch. 1 para. 9(b) (with Sch. 2)

F78

Words in Sch. 5 substituted (1.3.1999) by S.I. 1998/3162 (N.I. 21), art. 105(1), Sch. 3; S.R. 1999/81, art. 3(1)

F79

Words in Sch. 5 substituted (E.W.S.) (22.8.1996) by 1996 c. 17, ss. 43, 46, Sch. 1 para. 10(3)(b) (with s. 38)

F81

Sch. 5: Entry relating to "Judge Advocate of Her Majesty's Fleet" repealed (1.1.2008) by Armed Forces Act 2006 (c. 52), ss. 378(2), 383(2), Sch. 17; S.I. 2007/2913, art. 3 (with art. 4(3))

F151

Sch. 5: Entry substituted (4.4.2005) for entries relating to the IAT and immigration adjudicators by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 26(7), 48(3), Sch. 2 para. 8(3); S.I. 2005/565, art. 2(a)(d) (with arts. 3-9)

F82

Entry in Sch. 5 repealed (1.12.2001) by 2000 c. 8, s. 432(1)(3), Sch. 20 para. 7(3)(a), Sch. 22; S.I. 2001/3538, art. 2(1)

F83

Sch. 5: entry relating to "Arbitrator appointed under paragraph 1(5) of Schedule 11 to the Agricultural Holdings Act 1986" repealed (19.10.2006) by The Regulatory Reform (Agricultural Tenancies) (England and Wales) Order 2006 (S.I. 2006/2805), arts. 1(1)(b), 18, Sch. 2 (with art. 10)

F147

Words in Sch. 5 substituted (14.5.2001) by 2000 c. 36, s. 18(4), Sch. 2 Pt. I para. 11; S.I. 2001/1637, art. 2(b)

F150

Sch. 5: entry repealed (1.9.2003 for E.S.N.I. and 1.1.2004 for W.) by Education Act 2002 (c. 32), ss. 215(2), 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4 (with transitional provisions and savings in Sch. 1) (as amended by S.I. 2004/571 and S.I. 2005/2570); S.I. 2003/2961, art. 6, Sch. Pt. 3

F84

Sch. 5: Entry relating to "Chairman of the tribunal constituted under Schedule 9 to the National Health Service Act 1977" omitted (1.3.2007) by virtue of National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 8(2), Sch. 1 para. 159 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1)

F149

Sch. 5: Entry repealed (25.7.2003 for specified purposes and 29.12.2003 for further specified purposes) by Communications Act 2003 (c. 21), ss. 406(7), 411(2), Sch. 19(1), Note 1 (with Sch. 18); S.I. 2003/1900, arts. 2(1), 3, Sch. 1; S.I. 2003/3142, art. 3(2)

F85

Words in Sch. 5 substituted (1.1.1996) by 1995 c. 21, ss. 314(2), 316(2), Sch. 13 para. 93(b) (with s. 312)

F86

Entry added at the end of Sch. 5 (1.4.1997) by 1996 c. 14, s. 131(1), Sch. 10 para. 26 (with s. 72(5)); S.I. 1997/305, art. 2

F87

Entries in Sch. 5 added (1.6.1999) by S.I. 1999/1454, art. 3

F148

Entry in Sch. 5 inserted (3.9.2001) by 2000 c. 8, s. 432(1), Sch. 20 para. 7(3)(b); S.I. 2001/2632, art. 2(2), Sch. Pt. 2

F88

Sch. 5: entry inserted (28.4.2003) by Land Registration Act 2002 (c. 9), ss. 133, 136(2), Sch. 11 para. 28 (with s. 129); S.I. 2003/1028, art. 2

F152

Sch. 5: Entry inserted (E.W.S.) (1.1.2007) by Gambling Act 2005 (c. 19), ss. 140, 358, Sch. 8 para. 3(4); S.I. 2006/3272, art. 2(1), Sch. 1 (with Sch. 4) (as amended by S.I. 2006/3361, S.I. 2007/1157, S.I. 2007/1527, S.I. 2007/2169)

F90

Sch. 5: Entry relating to "Asylum Support Adjudicator" omitted (3.11.2008) by virtue of The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 9(1), Sch. 3 para. 110(b)

F91

Sch. 5: Entry relating to "President of the tribunal constituted under section 9 of Protection of Children Act 1999 [etc]" omitted (3.11.2008) by virtue of The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 9(1), Sch. 3 para. 110(c)

Marginal Citations
M144

1970 c. 9.

M145

1988 c. 1.

  • Lord of Appeal in Ordinary

  • Judge of the Supreme Court of England and Wales F57. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • Deputy judge of the High Court

  • Lord President of the Court of Session

  • Lord Justice Clerk

  • Judge of the Court of Session

  • Temporary Judge of the Court of Session

  • Lord Chief Justice of Northern Ireland

  • Lord Justice of Appeal in Northern Ireland

  • Judge of the High Court of Justice in Northern Ireland

  • Circuit judge

  • Sheriff principal or sheriff in Scotland

  • Temporary sheriff principal F58or temporary sheriff in Scotland

  • County Court judge in Northern Ireland

  • Deputy County Court judge in Northern Ireland

  • Master, Queen’s Bench Division

  • Deputy or temporary Master, Queen’s Bench Division, appointed under subsection (1) of section 91 of the M28Supreme Court Act 1981 otherwise than by virtue of subsection (3) of that section

  • F59Queen’s Coroner and Attorney and Master of the Crown Office and Registrar of Criminal Appeals

  • Admiralty Registrar

  • Deputy or temporary Admiralty Registrar appointed under subsection (1) of section 91 of the M29Supreme Court Act 1981 otherwise than by virtue of subsection (3) of that section

  • Master, Chancery Division

  • Deputy or temporary Master, Chancery Division, appointed under subsection (1) of section 91 of the M30Supreme Court Act 1981 otherwise than by virtue of subsection (3) of that section

  • Registrar in Bankruptcy of the High Court

  • Deputy or temporary Registrar in Bankruptcy of the High Court appointed under subsection (1) of section 91 of the M31Supreme Court Act 1981 otherwise than by virtue of subsection (3) of that section

  • Taxing Master of the Supreme Court

  • Deputy or temporary Taxing Master of the Supreme Court appointed under subsection (1) of section 91 of the M32Supreme Court Act 1981 otherwise than by virtue of subsection (3) of that section

  • District judge of the principal registry of the Family Division

  • Deputy or temporary district judge of the principal registry of the Family Division appointed under subsection (1) of section 91 of the M33Supreme Court Act 1981 otherwise than by virtue of subsection (3) of that section

  • Registrar of Civil Appeals

  • Deputy or temporary Registrar of Civil Appeals appointed under subsection (1) of section 91 of the M34Supreme Court Act 1981 otherwise than by virtue of subsection (3) of that section

  • F60. . .

  • F60. . .

  • District judge (whether appointed under section 100 of the Supreme Court Act 1981 or section 6 of the M35County Courts Act 1984)

  • Deputy district judge appointed under section 102 of the M36SupremeCourt Act 1981, except in a case where F61subsection (1B) of that section applied to the appointment of the person in question

  • Deputy district judge appointed under section 8 of the M37County Courts Act 1984, except in a case where F61subsection (1ZB) of that section applied to the appointment of the person in question

  • Recorder

  • Assistant Recorder

  • Any appointment under section 70 F62. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . of the M38Judicature (Northern Ireland) Act 1978 to an office from time to time specified in column 1 of Schedule 3 to that Act (statutory office) or any appointment under section 74 of that Act to act in any such office

  • F63District Judge (Magistrates’ Courts)

  • Resident Magistrate appointed under the M39Magistrates’ Courts Act (Northern Ireland) 1964

  • Deputy Resident Magistrate appointed under the Magistrates’ M40Courts Act (Northern Ireland) 1964

  • Chief or other Social Security Commissioner (including appointments in pursuance of F64paragraph 1(2) of Schedule 4 to the Social Security Act 1998)

  • F65. . .

  • Chief or other Social Security Commissioner for Northern Ireland (including appointments in pursuance of section 50(2) of the M41Social Security Administration (Northern Ireland) Act 1992)

  • Chief or other Child Support Commissioner for Northern Ireland (including appointments in pursuance of paragraph 4 of Schedule 4 to the Child Support Act 1991 as that paragraph has effect by virtue of paragraph 8 of that Schedule)

  • F66President of appeal tribunals (within the meaning of Chapter I of Part I of the Social Security Act 1998) appointed under section 5 of that Act

  • F67President of appeal tribunals (within the meaning of Chapter I of Part II of the Social Security (Northern Ireland) Order 1998) appointed under Article 6 of that Order

  • F68Chairman of social security appeal tribunals, medical appeal tribunals and disability appeal tribunals

  • F69. . .

  • F70Chairman of social security appeal tribunals, medical appeal tribunals and disability appeal tribunals in Northern Ireland

  • F71. . .

  • F68Chairman of vaccine damage tribunals

  • Chairman of the Foreign Compensation Commission

  • Commons Commissioner

  • F72President of the Employment Tribunals (England and Wales)

  • F73President of the Employment Tribunals (Scotland)

  • President or Vice-President of industrial tribunals and of the Fair Employment Tribunal (Northern Ireland)

  • Chairman of F74employment tribunals, appointed in pursuance of regulations under F75section 1(1) of F76the Employment Tribunals Act 1996

  • Chairman of industrial tribunalsin Northern Ireland, appointed in pursuance of regulations under F77Article 3 of the Industrial Tribunals (Northern Ireland) Order 1996

  • Chairman of the Fair Employment Tribunal, appointed under F78Article 82(1)(c) of the Fair Employment and Treatment (Northern Ireland) Order 1998

  • President of the Industrial Court appointed in pursuance of Article 91 of the M42Industrial Relations (Northern Ireland) Order 1992

  • Member of the Employment Appeal Tribunal appointed under F79 section 22(1)(c) of F76the Employment Tribunals Act 1996

  • President or other member of the Lands Tribunal, the Lands Tribunal for Scotland or the Lands Tribunal for Northern Ireland

  • F80 Member of the Pensions Regulator Tribunal

  • Judge Advocate General

  • F81. . .

  • President of Value Added Tax Tribunals

  • Chairman of value added tax tribunals

  • Commissioner for the special purposes of the Income Tax Acts appointed under section 4 of the M144Taxes Management Act 1970

  • Deputy Special Commissioner appointed under section 4A of the Taxes Management Act 1970

  • F151President or other member of the Asylum and Immigration Tribunal

  • President or other member of Pensions Appeal Tribunals

  • Chairman or other member of a Mental Health Review Tribunal constituted under the M43Mental Health Act 1983

  • F82. . .

  • Chairman of a tribunal constituted for the purposes of sections 14 and 15 of the M44Misuse of Drugs Act 1971

  • Chairman of an advisory body constituted for the purposes of section 14 of the Misuse of Drugs Act 1971

  • Appointed member of the Restrictive Practices Court, within the meaning of section 3 of the M45Restrictive Practices Court Act 1976

  • Chairman or other member of the tribunal constituted by section 706 of the M145Income and Corporation Taxes Act 1988

  • F83. . .

  • Chairman, deputy-chairman or other member of an Agricultural Land Tribunal (other than an assessor added to the Tribunal under paragraph 16(2) of Schedule 9 to the M46Agriculture Act 1947)

  • President of the Aircraft and Shipbuilding Industries Arbitration Tribunal

  • Chairman of a tribunal established by section 29 of the M47Betting, Gaming and Lotteries Act 1963

  • Chairman or deputy chairman of the Copyright Tribunal

  • Chairman or deputy chairman of F147the Information Tribunal

  • F150. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • President of a tribunal constituted under Schedule 3 to the M48Industry Act 1975

  • F84. . .

  • Chairman of the Plant Varieties and Seeds Tribunal

  • Chairman of a Registered Homes Tribunal constituted under the M49Registered Homes Act 1984

  • Chairman or other member of Rent Assessment Committees appointed by the Lord Chancellor under Schedule 10 to the M50Rent Act 1977

  • President or chairman of the Transport Tribunal

  • F149. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • Wreck commissioner appointed under section F85 297(1) of the Merchant Shipping Act 1995

  • Chairman of a Reinstatement Committee constituted under the M51Reserve Forces (Safeguard of Employment) Act 1985

  • F86Chairman or other member of a reserve forces appeal tribunal constituted under Part IX of the Reserve Forces Act 1996

  • F87Member of a panel constituted under section 6(1) of the Social Security Act 1998

  • Member of a panel constituted under Article 7(1)of the Social Security (Northern Ireland) Order 1998

  • F148Member of the Financial Services and Markets Tribunal.

  • F88 Adjudicator to Her Majesty’s Land Registry

  • F89 Coroner appointed under section 2(1) of the Coroners Act (Northern Ireland) 1959

  • Deputy Coroner appointed under section 2(1) of the Coroners Act (Northern Ireland) 1959

  • F152 President or other member of the Gambling Appeals Tribunal

  • F90. . .

  • F91. . .

  • F92 Judge or other member of the First-tier Tribunal appointed under paragraph 1(1) or 2(1) of Schedule 2 to the Tribunals, Courts and Enforcement Act 2007

  • Judge or other member of the Upper Tribunal appointed under paragraph 1(1) or 2(1) of Schedule 3 to the Tribunals, Courts and Enforcement Act 2007

  • Transferred-in judge, or transferred-in other member, of the First-tier Tribunal or of the Upper Tribunal (see section 31(2) of the Tribunals, Courts and Enforcement Act 2007)

  • Senior President of Tribunals

  • Deputy judge of the Upper Tribunal appointed under paragraph 7(1) of Schedule 3 to the Tribunals, Courts and Enforcement Act 2007, except in a case where the holding of the office by the person in question falls within section 26(7)(ga) of this Act

  • Deputy judge of the Upper Tribunal by virtue of an order under section 31(2) of the Tribunals, Courts and Enforcement Act 2007

  • Chamber President, or Deputy Chamber President, of a chamber of the First-tier Tribunal or of a chamber of the Upper Tribunal

SCHEDULE 6 Retirement dates for certain judicial offices

Section 26.

The Judicial Committee of the Privy Council

1

1

At the end of section 3 of the M52Appellate Jurisdiction Act 1887 (Judicial Committee of the Privy Council to include such members of the Privy Council as are holding or have held high judicial office) there shall be added the words “ but no person shall be a member of that Committee by virtue of this section at any time after the day on which he attains the age of seventy-five years unless he is for the time being the Lord Chancellor of Great Britain. ”

2

At the end of section 1 of the M53Judicial Committee Act 1881 (person holding, or who has held, the office of Lord Justice of Appeal, if a member of the Privy Council, to be a member of the Judicial Committee) there shall be added the words “ but no person shall be a member of that Committee by virtue of this section at any time after the day on which he attains the age of seventy-five years. ”

Lords of Appeal

2

In section 5 of the M54Appellate Jurisdiction Act 1876, after paragraph (3) (peers who hold, or have held, high judicial office to be Lords of Appeal) there shall be added the words—

“ but this section is subject to sections 26(7)(b) and 27 of the Judicial Pensions and Retirement Act 1993 (prohibition on participating in the hearing and determination of appeals after attaining the age of seventy-five years, except for the purpose of completing proceedings already begun). ”

Lords of Appeal in Ordinary and senior judges in Scotland and Northern Ireland

3

In subsection (1) of section 2 of the M55Judicial Pensions Act 1959 (which provides that any Lord of Appeal in Ordinary, Lord Justice General, Lord Justice Clerk, Senator of the College of Justice in Scotland, Lord Chief Justice of Northern Ireland, Lord Justice of Appeal in Northern Ireland or Judge of the High Court of Justice in Northern Ireland is to vacate his office on the day on which he attains the age of 75) for the words “seventy-five” there shall be substituted the word “ seventy ”.

Judges of the Supreme Court

4

In subsection (2) of section 11 of the M56Supreme Court Act 1981 (which provides that any judge of the Supreme Court, other than the Lord Chancellor, is to vacate his office no later than the day on which he attains the age of 75) for the words “seventy-five” there shall be substituted the word “ seventy ”.

Acting and deputy judges

5

1

In section 9 of the Supreme Court Act 1981, after subsection (1) (persons who may act as judges) there shall be inserted—

1A

A person shall not act as a judge by virtue of subsection (1) after the day on which he attains the age of 75.

2

After subsection (4) of that section (appointment of deputy High Court judges) there shall be inserted—

4A

No appointment of a person as a deputy judge of the High Court shall be such as to extend beyond the day on which he attains the age of 70, but this subsection is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (Lord Chancellor’s power to authorise continuance in office up to the age of 75).

3

In subsection (6)(b) of that section (which refers to subsection (7) of that section, relating to the completion of proceedings after retirement), for the words “subject to subsection (7)” there shall be substituted the words “ subject to section 27 of the Judicial Pensions and Retirement Act 1993 ”.

Temporary Judges of the Court of Session

6

1

In paragraph 5 of Schedule 4 to the M57Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (appointment of temporary judges of the Court of Session) for the words “75 years” there shall be substituted the words “ 70 years ”.

2

The said paragraph 5 as amended by sub-paragraph (1) above shall be numbered sub-paragraph (1) and there shall be added the following sub-paragraph—

2

Sub-paragraph (1) above is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of 75).

Acting judges of the High Court or Court of Appeal in Northern Ireland

7

In section 7 of the M58Judicature (Northern Ireland) Act 1978, in subsection (1) (which provides that certain judges and former judges may, at the request of the Lord Chancellor, sit as judges of the High Court or Court of Appeal in Northern Ireland)—

a

the words “at any time” shall be omitted; and

b

at the end, there shall be added the words “ at any time on or before the day on which he attains the age of seventy-five. ”

Circuit judges

8

1

Section 17 of the M59Courts Act 1971 (retirement of Circuit judges) shall be amended in accordance with the following provisions of this paragraph.

2

For subsection (1) (which requires a Circuit judge to vacate his office at the end of the completed year of service in which he attains the age of 72, subject to the possibility of extended appointment) there shall be substituted—

1

Subject to subsection (4) below and to subsections (4) to (6) of section 26 of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of 75), a Circuit judge shall vacate his office on the day on which he attains the age of 70.

3

Subsection (2) (which contains power to continue a Circuit judge’s appointment up to the age of 75 and which is superseded by section 26(4) to (6) of this Act) shall cease to have effect.

4

Subsection (3) (day on which certain persons are to be regarded as completing a year of service) shall cease to have effect.

Recorders, deputy Circuit judges and assistant Recorders

9

1

In section 21 of the M60Courts Act 1971, in subsection (5) (Recorder not to hold office after the end of the completed year of service in which he attains the age of 72) for the words from “the end of” onwards there shall be substituted the words “ the day on which he attains the age of seventy, but this subsection is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (Lord Chancellor’s power to authorise continuance in office up to the age of 75). ”

2

In section 24 of that Act (deputy Circuit judges and assistant Recorders), after subsection (1) there shall be inserted—

1A

No appointment of a person under subsection (1) above shall be such as to extend—

a

in the case of appointment as a deputy Circuit judge, beyond the day on which he attains the age of seventy-five; or

b

in the case of appointment as an assistant Recorder, beyond the day on which he attains the age of seventy;

but paragraph (b) above is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (Lord Chancellor’s power to authorise continuance in office up to the age of 75).

Sheriffs

10

In the M61Sheriff Courts (Scotland) Act 1971, after section 5 (qualification for offices of sheriff principal and sheriff) there shall be inserted—

5A Retiring age for sheriff principal and sheriff.

1

A sheriff principal or sheriff shall vacate his office on the day on which he attains the age of 70.

2

Subsection (1) above is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of 75).

Temporary sheriffs

11

In section 11 of the Sheriff Courts (Scotland) Act 1971 (power to appoint temporary sheriffs principal and temporary sheriffs), after subsection (4) there shall be inserted the following subsections—

4A

No appointment under this section of a person to be a temporary sheriff principal or temporary sheriff shall extend beyond the day on which the person reaches the age of 70.

4B

Subsection (4A) above is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of 75).

County Court Judge in Northern Ireland

12

In section 105 of the M62County Courts Act (Northern Ireland) 1959, for subsection (4) (which requires every judge to vacate his office at the end of the completed year of service in which he attains the age of 72, but subject to a proviso for judges who would not have completed 15 years’ service) there shall be substituted—

4

Every judge shall vacate his office on the day on which he attains the age of seventy years; but this subsection is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (Lord Chancellor’s power to authorise continuance in office up to the age of 75).

Deputy judge of a county court in Northern Ireland

13

In section 107 of the County Courts Act (Northern Ireland) 1959, for subsection (4) (which provides that, except in the case of a former judge, a deputy judge shall not hold office after the end of the completed year of service in which he attains the age of 72) there shall be substituted—

4

Neither the initial term for which a deputy judge is appointed nor any extension of that term under subsection (3) shall be such as to continue his appointment as a deputy judge after the day on which he attains the age of seventy; but this subsection is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (Lord Chancellor’s power to authorise continuance in office up to the age of 75).

Officers of the Supreme Court

14

1

Section 92 of the M63Supreme Court Act 1981 (tenure of office of certain officers of the Supreme Court) shall be amended in accordance with the following provisions of this paragraph.

2

In subsection (1) (certain Masters, Registrars and other officers of the Supreme Court to vacate office at the end of the completed year of service in which they attain the age of 72)—

a

after the words “Subject to the following provisions of this section” there shall be inserted the words “ and to subsections (4) to (6) of section 26 of the Judicial Pensions and Retirement Act 1993 (Lord Chancellor’s power to authorise continuance in office up to the age of 75) ”; and

b

for the words from “at the end” onwards there shall be substituted the words “ on the day on which he attains the age of seventy years. ”

3

In subsection (2B) (offices to which subsection (2A) applies) the words “and the office of Queen’s Coroner and Attorney and Master of the Crown Office and Registrar of Criminal Appeals” shall be omitted.

4

Subsection (2C) (which makes provision for determining the day on which persons who successively hold offices falling within column 1 of Part I or II of Schedule 2 to that Act are to be regarded as completing a year of service, and which is of no further utility) shall cease to have effect.

5

F93. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6

Subsection (3) (which contains power to continue a person’s appointment to an office to which subsection (1) applies up to the age of 75 and which is superseded by section 26(4) to (6) of this Act) shall cease to have effect.

7

F93. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Deputy and temporary officers of the Supreme Court

15

In section 91 of the M64Supreme Court Act 1981, in subsection (3) (which permits certain appointments as a deputy or temporary officer to be made, notwithstanding that the person would be disqualified by age from holding the office in question) after paragraph (c) there shall be added—

“ but no appointment by virtue of this subsection shall be such as to extend beyond the day on which the person in question attains the age of seventy-five years. ”

Deputy district judges of district registries of the High Court

16

In section 102 of the Supreme Court Act 1981, at the end of subsection (3) (which permits certain appointments as a deputy district judge of a district registry of the High Court to be made, notwithstanding that the person would be disqualified by age from holding the office in question) there shall be added the words “ ; but no appointment by virtue of this subsection shall be such as to extend beyond the day on which the person in question attains the age of seventy-five years. ”

District judges and deputy district judges of county courts

17

1

In section 8 of the M65County Courts Act 1984 (deputy district judges) after subsection (1) there shall be inserted—

1A

Any appointment of a person as a deputy district judge—

a

if he has previously held office as a district judge, shall not be such as to extend beyond the day on which he attains the age of 75 years; and

b

in any other case, shall not be such as to extend beyond the day on which he attains the age of 70 years, but subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of 75).

2

Section 11 of that Act (tenure of office of district judge etc) shall be amended in accordance with the following provisions of this paragraph.

3

For subsections (1) and (2) (which provide for a person to whom subsection (1) applies to vacate his office at the end of the completed year of service in which he attains the age of 72) there shall be substituted—

1

This subsection applies to the office of district judge.

2

Subject to the following provisions of this section and to subsections (4) to (6) of section 26 of the Judicial Pensions and Retirement Act 1993 (Lord Chancellor’s power to authorise continuance in office up to the age of 75), a person who holds an office to which subsection (1) applies shall vacate his office on the day on which he attains the age of 70 years.

4

Subsection (3) (which confers power to continue district judges etc in office up to the age of 75 and which is superseded by section 26(4) to (6) of this Act) shall cease to have effect.

Statutory officers in Northern Ireland

18

In section 71 of the M66Judicature (Northern Ireland) Act 1978, for subsection (3) (which provides that a statutory officer, within the meaning of that Act, is to retire at the end of the completed year of service in which he attains the age of 72, but subject to the substitution of a lower age, under subsection (4)) there shall be substituted—

3

Subject to subsection (4) below and to subsections (4) to (6) of section 26 of the Judicial Pensions and Retirement Act 1993 (Lord Chancellor’s power to authorise continuance in office beyond the age of 70, up to the age of 75), a statutory officer shall retire on the day on which he attains the age of 70 years.

Stipendiary magistrates in England and Wales

F9419

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Resident Magistrates in Northern Ireland

20

For section 1 of the M67Resident Magistrates’ Pensions Act (Northern Ireland) 1960 (Resident Magistrate to vacate office at the end of the completed year of service in which he attains the age of 70, but with power to continue in office up to the age of 72) there shall be substituted—

1 Retiring age of resident magistrates.

Every resident magistrate (whether appointed before or after the passing of this Act) shall vacate his office on the day on which he attains the age of seventy; but this section is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (Lord Chancellor’s power to authorise continuance in office up to the age of 75).

Social security: Commissioners, and the President and chairmen of appeal tribunals

F9521

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Social security: Commissioners, and the President and chairmen of appeal tribunals in Northern Ireland

22

1

Paragraph 1 of Schedule 2 to the M68Social Security Administration (Northern Ireland) Act 1992 (tenure of office as Commissioner, President or full-time chairman) shall be amended in accordance with the following provisions of this paragraph.

2

In sub-paragraph (2) (which requires such a person to vacate office at the end of the completed year of service in which he attains the age of 72) for the words from “at the end of” onwards there shall be substituted the words “ on the day on which they attain the age of 70, but subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of 75). ”

3

Sub-paragraph (3) (which contains power to continue such a person’s appointment up to the age of 75 and which is superseded by section 26(4) to (6) of this Act) shall cease to have effect.

4

In sub-paragraph (6) (sub-paragraph (2) or (3) not to apply in relation to deputy Commissioners) the words “or (3)” shall be omitted.

Child support: Commissioners and chairmen of appeal tribunals

23

F961

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

In Schedule 4 to that Act (Child Support Commissioners), in paragraph 1—

a

in sub-paragraph (1) (Child Support Commissioner to retire at the end of the completed year of service in which he reaches the age of 72) for the words from “at the end” to the end of that sub-paragraph there shall be substituted the words “ on the date on which he reaches the age of 70; but this sub-paragraph is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of 75) ”; and

b

sub-paragraph (2) (which contains power to continue a Commissioner’s appointment up to the age of 75 and which is superseded by section 26(4) to (6) of this Act) shall cease to have effect.

3

In paragraph 4 of that Schedule (deputy Child Support Commissioners) at the beginning of paragraph (b) of sub-paragraph (2) there shall be inserted the words “ Subject to sub-paragraph (2A) ”, and after that sub-paragraph there shall be inserted—

2A

No appointment of a person to be a deputy Child Support Commissioner shall be such as to extend beyond the date on which he reaches the age of 70; but this sub-paragraph is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of 75).

4

F97. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chairmen of child support appeal tribunals in Northern Ireland

F9824

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chairman of the Foreign Compensation Commission

25

In section 1 of the M69Foreign Compensation Act 1950 (constitution of the Foreign Compensation Commission), at the beginning of subsection (3) there shall be inserted the words “ Subject, in the case of the chairman, to subsection (3A) of this section, ” and after that subsection there shall be inserted—

3A

The chairman of the Commission shall vacate his office on the day on which he attains the age of seventy years; but this subsection is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of seventy-five years).

Commons Commissioners

26

In section 17 of the M142Commons Registration Act 1965 (which includes provision for the appointment of Commons Commissioners) after subsection (1) there shall be inserted—

1A

A Commons Commissioner shall vacate his office on the day on which he attains the age of seventy years; but this subsection is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (power of Lord Chancellor to authorise continuance in office up to the age of seventy-five years).

President and chairmen of F102employment tribunals

Annotations:
Amendments (Textual)
F102

Words in cross heading substituted (1.8.1998) by 1998 c.8, ss, 1(2)(b), 16; S.I. 1998/1658, art. 2(1)

27

1

The M70F99Employment Tribunals(England and Wales) Regulations 1965 shall be amended in accordance with sub-paragraphs (2) and (3) below.

2

For regulation 3(2) (which requires the F100President of the Employment Tribunals (England and Wales)to vacate office at the end of the completed year of service in which he attains the age of 72) there shall be substituted—

2

The President shall vacate his office on the day on which he attains the age of seventy years, but subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (Lord Chancellor’s power to authorise continuance in office up to the age of 75).

3

In regulation 5, at the beginning of paragraph (5) (terms of membership of panels) there shall be inserted the words “ Subject to paragraph (6) ” and after that paragraph there shall be inserted—

6

A member of a panel of chairmen appointed under paragraph (2) shall vacate his office on the day on which he attains the age of seventy years, but subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (Lord Chancellor’s power to authorise continuance in office up to the age of 75).

4

The M71F99employment tribunals(Scotland) Regulations 1965 shall be amended in accordance with sub-paragraphs (5) and (6) below.

5

For regulation 3(2) (which requires the F101President of the Employment Tribunals (Scotland)to vacate office at the end of the completed year of service in which he attains the age of 72) there shall be substituted—

2

The President shall vacate office on the day on which he attains the age of seventy years, but subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of 75).

6

In regulation 5, at the beginning of paragraph (5) (terms of membership of panels) there shall be inserted the words “ Subject to paragraph (6) ” and after that paragraph there shall be inserted—

6

A member of a panel of chairmen appointed under paragraph (2) shall vacate his office on the day on which he attains the age of seventy years, but subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of 75).

President, Vice-President and chairmen of industrial tribunals and of the Fair Employment Tribunal

28

F1031

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

In regulation 3 of the M72Industrial Tribunals Regulations (Northern Ireland) 1965 (membership of tribunals), at the beginning of paragraph (5) there shall be inserted the words “ Subject to paragraph (6) ” and after that paragraph there shall be inserted—

6

A member of a panel of chairmen appointed under paragraph (2) shall vacate his office on the day on which he attains the age of seventy years, but subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (Lord Chancellor’s power to authorise continuance in office up to the age of 75).

President of the Industrial Court in Northern Ireland

29

In Article 91 of the M73Industrial Relations (Northern Ireland) Order 1992, at the beginning of paragraph (3) (terms of appointment of president and other members of the Industrial Court) there shall be inserted the words “ Subject, in the case of the president, to paragraph (3A), ” and after that paragraph there shall be inserted—

3A

The president shall vacate his office on the day on which he attains the age of 70; but this paragraph is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993.

Members of the Employment Appeal Tribunal

F10430

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Lands Tribunal and the Lands Tribunal for Scotland

31

In section 2 of the M74Lands Tribunal Act 1949, after subsection (5) (terms of appointment to membership of the Tribunal) there shall be inserted—

5A

No person shall be appointed a member of the Tribunal for a term which extends beyond the day on which he attains the age of seventy, except in accordance with section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of 75).

The Lands Tribunal for Northern Ireland

32

In section 2 of the M75Lands Tribunal and Compensation Act (Northern Ireland) 1964, for paragraph (b) of subsection (2) (which requires a member to vacate his office at the end of the completed year of service in the course of which he attains the age of 72) there shall be substituted—

b

shall vacate his office on the day on which he attains the age of seventy years, but subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (Lord Chancellor’s power to authorise continuance in office up to the age of 75); and

Judge Advocate of Her Majesty’s Fleet

33

In section 28 of the M76Courts-Martial (Appeals) Act 1951, in subsection (3) (Judge Advocate of the Fleet to vacate office at the end of the completed year of service in which he attains the age of 70, with a proviso for continuance in office up to the age of 72)—

a

for the words from “at the end” to “seventy years” there shall be substituted the words “ on the day on which he attains the age of seventy years, but subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of 75) ”; and

b

the proviso (which is superseded by section 26(4) to (6) of this Act) shall cease to have effect.

Value added tax tribunals

F10535

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Special, and deputy Special, Commissioners for Income Tax

36

1

In section 4 of the M77Taxes Management Act 1970 (Special Commissioners) after subsection (3) there shall be inserted—

3A

A Special Commissioner—

a

may resign his office at any time; and

b

shall vacate his office on the day on which he attains the age of seventy years;

but paragraph (b) above is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of 75).

2

In section 4A of that Act, at the end of subsection (2) (which provides that a person shall not be qualified for appointment as a deputy Special Commissioner unless he is qualified for appointment as a Special Commissioner) there shall be added the words “ (and, accordingly, no appointment of a person as a deputy Special Commissioner shall be such as to extend beyond the day on which he attains the age of seventy years, but subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993) ”.

President or other member of the Immigration Appeal Tribunal

F10637

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Immigration adjudicators

F10738

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Pensions Appeal Tribunals

39

In the Schedule to the M78Pensions Appeal Tribunals Act 1943, for paragraph 2 (appointment, remuneration and removal of members) there shall be substituted—

2

1

The members of the Tribunals shall be appointed by the Lord Chancellor.

2

There shall be paid to them such remuneration as the Treasury may determine.

3

The Lord Chancellor may, if he thinks fit, remove any member of such a Tribunal.

4

Subject to sub-paragraph (3) above and to subsections (4) to (6) of section 26 of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of 75), a member of such a Tribunal shall vacate his office on the day on which he attains the age of seventy years.

Mental Health Review Tribunals

40

In Schedule 2 to the M79Mental Health Act 1983 (which makes provision with respect to Mental Health Review Tribunals), at the beginning of paragraph 2 there shall be inserted the words “ Subject to paragraph 2A below, ” and after that paragraph there shall be inserted—

2A

A member of a Mental Health Review Tribunal shall vacate office on the day on which he attains the age of 70 years; but this paragraph is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of 75 years).

The Financial Services Tribunal

F10841

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Tribunals and advisory bodies under the Misuse of Drugs Act 1971

42

1

Schedule 3 to the M80Misuse of Drugs Act 1971 (which includes provision in relation to tribunals and advisory bodies established for the purposes of sections 14 and 15 of that Act) shall be amended in accordance with this paragraph.

2

In paragraph 1 (membership of tribunals) after sub-paragraph (2) there shall be inserted—

2A

The chairman of a tribunal shall vacate his office on the day on which he attains the age of seventy years; but this sub-paragraph is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of seventy-five years).

3

In paragraph 13 (membership of advisory bodies) after sub-paragraph (1) there shall be inserted—

1A

The chairman of an advisory body shall vacate his office on the day on which he attains the age of seventy years; but this sub-paragraph is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of seventy-five years).

Restrictive Practices Court

43

1

In section 3 of the M81Restrictive Practices Court Act 1976 (appointed members of the Restrictive Practices Court), in subsection (2)—

a

at the beginning, there shall be inserted the words “ Subject to subsection (2A) below, ”; and

b

the words “(not less than three years)” shall cease to have effect.

2

After that subsection there shall be inserted—

2A

No appointment of a person to be an appointed member shall be such as to extend beyond the day on which he attains the age of seventy years; but this subsection is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of seventy-five years);

Tribunals constituted under section 706 of the Income and Corporation Taxes Act 1988

44

Section 706 of the M82Income and Corporation Taxes Act 1988 (appointment of a tribunal to hear appeals in connection with the cancellation of tax advantages from certain transactions in securities) shall be numbered as subsection (1) of that section, and at the end of that section there shall be added—

2

A person appointed as chairman or other member of the tribunal shall vacate his office on the day on which he attains the age of 70; but this subsection is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of 75).

Arbitrator appointed under the Agricultural Holdings Act 1986

45

F109. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Agricultural Land Tribunals

46

1

Schedule 9 to the M83Agriculture Act 1947 (constitution etc of Agricultural Land Tribunals) shall be amended in accordance with this paragraph.

2

In paragraph 13 (which relates to the chairmen of such Tribunals), in sub-paragraph (2)—

a

at the beginning there shall be inserted the words “ Subject to sub-paragraph (2A) of this paragraph, ”; and

b

for the words “three years” there shall be substituted “ such period as may be specified in the terms of his appointment ”.

3

After that sub-paragraph there shall be inserted—

2A

No appointment of a person to be the chairman shall be such as to extend beyond the day on which he attains the age of seventy years; but this sub-paragraph is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of seventy-five years).

4

Paragraph 14 (which provides for there to be a panel of deputy-chairmen for each such Tribunal) shall be numbered as sub-paragraph (1) of that paragraph, and at the end of that paragraph there shall be added—

2

A member of the panel of deputy-chairmen shall vacate his office on the day on which he attains the age of seventy years; but this sub-paragraph is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of seventy-five years).

5

In paragraph 15 (which provides for there to be panels of persons representing farmers’ and landowners’ interests), after sub-paragraph (1) there shall be inserted—

1A

A member of either of the panels drawn up under sub-paragraph (1) of this paragraph shall vacate his office on the day on which he attains the age of seventy years; but this sub-paragraph is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of seventy-five years).

The Aircraft and Shipbuilding Industries Arbitration Tribunal

47

In section 42 of the M84Aircraft and Shipbuilding Industries Act 1977, at the beginning of subsection (5) (which makes provision in relation to the terms of appointment of the members of the Aircraft and Shipbuilding Industries Arbitration Tribunal) there shall be inserted the words “ Subject to subsection (5A) below, ” and after that subsection there shall be inserted—

5A

No appointment of a person to be the president of the arbitration tribunal shall be such as to extend beyond the day on which he attains the age of 70; but this subsection is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of 75).

Annotations:
Marginal Citations

Chairman of a tribunal established by section 29 of the Betting, Gaming and Lotteries Act 1963

48

In section 29 of the M85Betting, Gaming and Lotteries Act 1963 (appointment of a tribunal to hear appeals concerning bookmakers’ levy) at the end of subsection (2) there shall be added the words “ , but subject, in the case of the chairman, to subsection (2A) of this section ”, and after that subsection there shall be inserted—

2A

The chairman of any such tribunal shall vacate his office on the day on which he attains the age of seventy years; but this subsection is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of seventy-five years).

The Data Protection Tribunal

F11050

In Schedule 2 to the M87Data Protection Act 1984, in paragraph 8 (tenure of office of members of the Data Protection Tribunal), at the beginning of sub-paragraph (1) there shall be inserted the words “ Subject to the following provisions of this paragraph, ” and at the end of that paragraph there shall be added—

3

A person who is the chairman or a deputy chairman of the Tribunal shall vacate his office on the day on which he attains the age of seventy years; but this sub-paragraph is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of seventy-five years).

Independent Schools Tribunals

F11151

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

President of a tribunal constituted under Schedule 3 to the Industry Act 1975

52

1

In Schedule 3 to the M88Industry Act 1975, paragraph 6 (terms of appointment of members of a tribunal established to arbitrate in a dispute arising under that Act) shall be numbered as sub-paragraph (1) of that paragraph.

2

At the beginning of that sub-paragraph there shall be inserted the words “ Subject, in the case of the president of a tribunal, to sub-paragraph (2) below ”, and after that sub-paragraph there shall be added—

2

No appointment of a person to be the president of a tribunal shall be such as to extend beyond the day on which he attains the age of 70 years; but this paragraph is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of 75 years).

Tribunal constituted under Schedule 9 to the National Health Service Act 1977

53

In regulation 26 of the M89National Health Service (Service Committees and Tribunal) Regulations 1974 (tenure of office of chairman of Tribunal constituted under section 46 of the M90National Health Service Act 1977) at the beginning of paragraph (1) there shall be inserted the words “ Subject to paragraph (1A), ” and after that paragraph there shall be inserted—

1A

The chairman shall vacate his office on the day on which he attains the age of 70; but this paragraph is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of 75).

Chairman of the Plant Varieties and Seeds Tribunal

F11254

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chairman of a Registered Homes Tribunal

55

In section 40 of the M91Registered Homes Act 1984, at the beginning of subsection (6) (terms of appointment of persons to the panels of chairmen and other members of Registered Homes Tribunals), there shall be inserted the words “ Subject, in the case of a person appointed to the legal panel, to subsection (7) below, ” and after that subsection there shall be added—

7

No appointment of a person to the legal panel shall be such as to extend beyond the day on which he attains the age of seventy years; but this subsection is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of seventy-five years).

Rent Assessment Committees

56

In Schedule 10 to the M92Rent Act 1977, after paragraph 2 (appointment by Lord Chancellor or Secretary of State of persons to constitute the panels from which the members of rent assessment committees are selected) there shall be inserted—

2A

No appointment of a person to any panel by the Lord Chancellor shall be such as to extend beyond the day on which the person attains the age of seventy years; but this sub-paragraph is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (Lord Chancellor’s power to authorise continuance in office up to the age of seventy-five years).

The Transport Tribunal

57

1

Paragraph 3 of Schedule 4 to the M93Transport Act 1985 (tenure of office of judicial members) shall be amended in accordance with the following provisions of this paragraph.

2

In sub-paragraph (1) (judicial member to hold office until the end of the completed year of service in which he attains the age of 72 and then retire)—

a

after the words “Subject to the following provisions of this paragraph” there shall be inserted the words “ and to subsections (4) to (6) of section 26 of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of seventy-five) ”; and

b

for the words “the end of the completed year of service in which he attains the age of seventy-two” there shall be substituted the words “ the day on which he attains the age of seventy ”.

3

Sub-paragraph (2) (which contains power to continue the member’s appointment up to the age of 75 and which is superseded by section 26(4) to (6) of this Act) shall cease to have effect.

Tribunal established under section 9 of the Wireless Telegraphy Act 1949

58

F113. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Wreck commissioner

59 F114

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chairman of a Reinstatement Committee

60

In Schedule 2 to the M94Reserve Forces (Safeguard of Employment) Act 1985, paragraph 2 (composition of Reinstatement Committees) shall be numbered as sub-paragraph (1) of that paragraph and at the end of that paragraph there shall be added—

2

A member of the panel of persons referred to in sub-paragraph (1)(a) shall vacate his office on the day on which he attains the age of seventy years; but this sub-paragraph is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of seventy-five years).

Tribunals constituted for the purposes of section 150(4) of the Mines and Quarries Act 1954

61

In Schedule 3 to the M95Mines and Quarries Act 1954, at the end of paragraph 1 (constitution of tribunals to inquire into whether a certificate of competency granted under that Act should be withdrawn or suspended) there shall be added the words

; but no person shall be appointed—

a

as the person, or one of the persons, constituting such a tribunal, or

b

as an assessor to assist any such tribunal,

after the day on which he attains the age of seventy years.

Courts of inquiry under section 52 of the Merchant Shipping Act 1970

62

In rule 5 of the M96Merchant Shipping (Section 52 Inquiries) Rules 1982 (appointment of courts of inquiry for the purposes of section 52 of the M97Merchant Shipping Act 1970) after paragraph (3) there shall be added—

4

A person shall not be appointed after the day on which he attains the age of 70 to assist with a section 52 inquiry as an assessor.

Chairman of a vaccine damage tribunal in Northern Ireland

F11563

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chairman of a tribunal constituted under section 47 of the Building Societies Act 1986

F11664

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chairman of a tribunal constituted under section 28 of the Banking Act 1987

F11765

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Arbitrators appointed under Schedule 10 to the Electricity Act 1989

66

F118. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chairman of a tribunal constituted under Schedule 3 to the Education (Schools) Act 1992

F11967

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chairman of a tribunal constituted under section 59 of the Friendly Societies Act 1992

F12068

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C4SCHEDULE 7 Retirement dates: transitional provisions

Section 26.

Annotations:
Modifications etc. (not altering text)

Interpretation

1

1

In this Schedule—

  • “potential retirement date”, in relation to any office, shall be construed in accordance with paragraph 5 below;

  • “re-appointment” to an office includes extension of a subsisting appointment to the office, otherwise than by the exercise of a continuation power.

2

For the purposes of this Schedule, a person’s office—

a

is “salaried” if and so long as his service in the office is remunerated by payment of a salary; and

b

is “fee-paid” if and so long as his service in the office is remunerated by the payment of fees;

and any reference in this Schedule to a person’s being “salaried” or “fee-paid” shall be construed accordingly.

3

Subsection (3) of section 26 of this Act applies for the purposes of this Schedule as it applies for the purposes of that section.

4

Expressions used in this Schedule and in section 26 of this Act have the same meaning in this Schedule as they have in that section.

5

This Schedule is without prejudice to subsections (4) to (6) of section 26 of this Act, but is subject to subsection (7) of that section and to section 27 of this Act.

F1216

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).

Salaried offices

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—

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

C3b

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.

Fee-paid offices

3

1

This paragraph applies to any person who for the time being holds, or who is seeking re-appointment to, a fee-paid relevant office, if—

a

immediately before the appointed day, he was holding that office as a fee-paid office;

b

he has at all times on and after that day held that office as a fee-paid office; and

c

his potential retirement date by reference to that office falls later than the date that would, apart from this paragraph, be the compulsory retirement date for that 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 the office referred to in sub-paragraph (1) above before his potential retirement date by reference to that office; or

ii

affect his eligibility for re-appointment to that office as a fee-paid 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 that office in his case.

Persons holding a relevant office by virtue of a continuation power

4

Where, immediately before the appointed day, a person was holding a relevant office by virtue of the exercise of a continuation power, nothing in section 26 of this Act or this Schedule, and no amendment made by Schedule 6 to this Act, shall affect the continuing validity of that exercise of that power in relation to that person.

Ascertainment of potential retirement date

5

1

For the purposes of this Schedule, a person’s potential retirement date by reference to an office is—

a

in a case where, immediately before the appointed day, he was holding that office otherwise than by virtue of the exercise of a continuation power, the day on which he would have been required by any enactment or statutory instrument to vacate that office, apart from this Act and apart from any continuation power;

b

in a case where, immediately before the appointed day, he was holding that office by virtue of the exercise of a continuation power, the last day of the period for which he is authorised to continue in that office by virtue of that exercise of the continuation power; or

c

in the case of an office to which any of the following sub-paragraphs applies (offices for which there was no compulsory retirement date before the appointed day, but whose standard terms of appointment, or whose arrangements with respect to retirement, are reflected in the provisions of the sub-paragraph in question), the day specified in the sub-paragraph as the appropriate day.

2

This sub-paragraph applies to each of the following offices, as a salaried office—

a

Social Security Commissioner appointed before 23rd May 1980;

b

President or other member of the Lands Tribunal, or of the Lands Tribunal for Scotland, set up under the M98Lands Tribunal Act 1949;

c

Commissioner for the special purposes of the Income Tax Acts, appointed under section 4 of the Taxes Management Act 1970;

d

President or other member of the Immigration Appeal Tribunal;

e

Chairman of the Foreign Compensation Commission;

f

Chief or other Commons Commissioner;

g

Chairman of F122employment tribunals, appointed in pursuance of regulations under F123section 1(1) of F122the Employment Tribunals Act 1996;

h

Chairman of industrial tribunals or of the Fair Employment Tribunal, appointed in pursuance of regulations under F124Article 3 of the Industrial Tribunals (Northern Ireland) Order 1996 or appointed under F125Article 82(1)(c) of the Fair Employment and Treatment (Northern Ireland) Order 1998;

j

president of the Industrial Court appointed in pursuance of Article 91 of the M99Industrial Relations (Northern Ireland) Order 1992;

k

President of Pensions Appeal Tribunals;

and the appropriate day in the case of an office to which this sub-paragraph applies is the last day of the completed year of service in that office in which the person attains the age of 72.

3

In the case of the office of immigration adjudicator (whose usual terms of appointment, whether as a salaried or a fee-paid office, require the holder to vacate it on the day on which he attains the age of 70)—

a

this sub-paragraph applies only in those cases where, immediately before the appointed day, the office is held on terms which require the person in question to vacate it on the day on which he attains the age of 72; and

b

where this sub-paragraph applies, the appropriate day is the day on which that person attains that age;

and, accordingly, no person shall have a potential retirement date by reference to that office (whether held as a salaried or a fee-paid office) in any other case.

4

This sub-paragraph applies to the office of deputy judge of the High Court, as a fee-paid office; and the appropriate day in the case of an office to which this sub-paragraph applies is the day on which the person attains the age of 75.

5

This sub-paragraph applies to each of the following offices, as a fee-paid office—

i

in the case of appointments under subsection (1) of section 91 of the M100Supreme Court Act 1981 otherwise than by virtue of subsection (3) of that section, each of the following offices—

a

deputy or temporary Master, Queen’s Bench Division;

b

deputy or temporary Admiralty Registrar;

c

deputy or temporary Master, Chancery Division;

d

deputy or temporary Registrar in Bankruptcy of the High Court;

e

deputy or temporary Taxing Master of the Supreme Court;

f

deputy or temporary Registrar of Civil Appeals;

g

F126. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

ii

assistant Recorder;

F127iii

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F127iv

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

v

Chairman of the Foreign Compensation Commission;

vi

Commons Commissioner;

vii

chairman of F122employment tribunals, appointed in pursuance of regulations under F128section 1(1) of F122the Employment Tribunals Act 1996;

viii

chairman of industrial tribunals or of the Fair Employment Tribunal, appointed in pursuance of regulations under F124Article 3 of the Industrial Tribunals (Northern Ireland) Order 1996or appointed under F125Article 82(1)(c) of the Fair Employment and Treatment (Northern Ireland) Order 1998;

ix

president of the Industrial Court appointed in pursuance of Article 91 of the M101Industrial Relations (Northern Ireland) Order 1992;

x

President or other member of the Lands Tribunal, or of the Lands Tribunal for Scotland, set up under the M102Lands Tribunal Act 1949;

xi

Commissioner for the special purposes of the Income Tax Acts, appointed under section 4 of the M103Taxes Management Act 1970;

xii

deputy Special Commissioner, appointed under section 4A of the Taxes Management Act 1970;

xiii

President or other member of the Immigration Appeal Tribunal;

xiv

President or other member of Pensions Appeal Tribunals;

xv

Chairman or member of a Mental Health Review Tribunal constituted under the M104Mental Health Act 1983;

xvi

member of the Financial Services Tribunal appointed by the Lord Chancellor;

xvii

chairman of a tribunal constituted for the purposes of sections 14 and 15 of the M105Misuse of Drugs Act 1971;

xviii

chairman of an advisory body constituted for the purposes of section 14 of the M106Misuse of Drugs Act 1971;

xix

appointed member of the Restrictive Practices Court, within the meaning of section 3 of the M107Restrictive Practices Court Act 1976;

xx

chairman or other member of the tribunal constituted by section 706 of the M108Income and Corporation Taxes Act 1988;

xxi

F129. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

xxii

chairman or deputy-chairman of an Agricultural Land Tribunal;

xxiii

President of the Aircraft and Shipbuilding Industries Arbitration Tribunal;

xxiv

Chairman of a tribunal established by section 29 of the M109Betting, Gaming and Lotteries Act 1963;

xxv

chairman or deputy chairman of the Copyright Tribunal;

xxvi

chairman or deputy chairman of F153the Information Tribunal;

xxvii

F130. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

xxviii

president of a tribunal constituted under Schedule 3 to the M110Industry Act 1975;

xxix

chairman of the tribunal constituted under Schedule 9 to the M111National Health Service Act 1977;

xxx

Chairman of the Plant Varieties and Seeds Tribunal;

xxxi

chairman of a Registered Homes Tribunal constituted under the M112Registered Homes Act 1984;

xxxii

F131President of the tribunal established under section 9 of the M146Wireless Telegraphy Act 1949;

xxxiii

wreck commissioner appointed under section 82 of the M113Merchant Shipping Act 1970;

xxxiv

Chairman of a Reinstatement Committee constituted under the M114Reserve Forces (Safeguard of Employment) Act 1985;

and the appropriate day in the case of an office to which this sub-paragraph applies is the last day of the completed year of service in the office in which the person attains the age of 72.

6

This sub-paragraph applies to each of the following offices, as a fee-paid office—

a

deputy or temporary district judge of the principal registry of the Family Division appointed under subsection (1) of section 91 of the M115Supreme Court Act 1981 otherwise than by virtue of subsection (3) of that section;

b

deputy district judge appointed under section 102 of the M116SupremeCourt Act 1981, except in a case where the person in question has previously held office as a district judge for a district registry;

c

deputy district judge appointed under section 8 of the M117County Courts Act 1984, except in a case where the person in question has previously held office as a district judge for a county court district;

d

Deputy Resident Magistrate, appointed under the M118Magistrates’ Courts Act (Northern Ireland) 1964;

e

member of an Agricultural Land Tribunal, other than chairman, deputy chairman or an assessor added to the Tribunal under paragraph 16(2) of Schedule 9 to the M119Agriculture Act 1947;

f

chairman or other member of Rent Assessment Committees appointed by the Lord Chancellor under Schedule 10 to the M120Rent Act 1977;

and the appropriate day in the case of an office to which this sub-paragraph applies is the last day of the completed year of service in that office in which the person attains the age of 70.

7

This sub-paragraph applies to the office of member of the Employment Appeal Tribunal appointed under F132section 22(1)(c) of F122the Employment Tribunals Act 1996, as a fee-paid office; and the appropriate day in the case of an office to which this sub-paragraph applies is the 31st March next following the day on which the person attains the age of 70.

SCHEDULE 8 Minor and consequential amendments

Section 31.

The Courts-Martial (Appeals) Act 1951

1

Section 35 of the M121Courts-Martial (Appeals) Act 1951 (pension arrangements for Vice Judge Advocate General, Assistant Judge Advocates General and Deputy Judge Advocates) shall be numbered as subsection (1) of that section and at the end of that section there shall be added—

2

The foregoing subsection shall not have effect in relation to a person to whom Part I of the Judicial Pensions and Retirement Act 1993 applies, except to the extent provided by or under that Act.

The County Courts Act (Northern Ireland) 1959

2

At the end of section 116 of the M122County Courts Act (Northern Ireland) 1959 (pensions of county court judges in Northern Ireland) there shall be added—

7

This Part shall not have effect in relation to a person to whom Part I of the Judicial Pensions and Retirement Act 1993 applies, except to the extent provided by or under that Act.

The Resident Magistrates’ Pensions Act (Northern Ireland) 1960

3

In section 2 of the M123Resident Magistrates’ Pensions Act (Northern Ireland) 1960 (pensions of resident magistrates in Northern Ireland) after subsection (1) there shall be inserted—

1A

This Act shall not have effect in relation to a person to whom Part I of the Judicial Pensions and Retirement Act 1993 applies, except to the extent provided by or under that Act.

The Foreign Compensation Act 1962

4

In section 3 of the M124Foreign Compensation Act 1962, after subsection (1) (which makes provision for the pensions or other benefits payable to or in respect of members of the Foreign Compensation Commission) there shall be inserted—

1A

Subsection (1) above shall not have effect in relation to a chairman or former chairman of the Commission who is a person to whom Part I of the Judicial Pensions and Retirement Act 1993 applies, except to the extent provided by or under that Act.

Annotations:
Marginal Citations
M124

1962 c. 4.

The Lands Tribunal and Compensation Act (Northern Ireland) 1964

5

In section 2 of the M125Lands Tribunal and Compensation Act (Northern Ireland) 1964 (pensions of members of the Lands Tribunal for Northern Ireland) after subsection (5) there shall be inserted—

5A

Subsection (5), so far as relating to allowances and gratuities by way of superannuation, shall not have effect in relation to persons to whom Part I of the Judicial Pensions and Retirement Act 1993 applies, except to the extent provided by or under that Act.

The Superannuation Act 1965

6

In section 39A of the M126Superannuation Act 1965 (superannuation benefits in respect of persons who have been employed in two or more judicial offices) in subsection (6), in the definition of “judicial office”, after the word “means” there shall be inserted—

a

any qualifying judicial office, within the meaning of the Judicial Pensions and Retirement Act 1993, and

(b)

The Superannuation (Miscellaneous Provisions) Act (Northern Ireland) 1969

7

In section 2 of the M127Superannuation (Miscellaneous Provisions) Act (Northern Ireland) 1969 (pensions for president of the industrial court, president and vice-president of the industrial tribunals and the Fair Employment Tribunal, etc in Northern Ireland) after subsection (1) there shall be inserted—

1A

Subsection (1) shall not apply in relation to a person to whom Part I of the Judicial Pensions and Retirement Act 1993 applies, except to the extent provided by or under that Act.

The Taxes Management Act 1970

8

In section 4 of the M128Taxes Management Act 1970, after subsection (6) (pensions, allowances and gratuities payable to or in respect of Special Commissioners) there shall be inserted—

6A

Subsection (6) above, so far as relating to pensions (including allowances and gratuities), shall not have effect in relation to a person to whom Part I of the Judicial Pensions and Retirement Act 1993 applies, except to the extent provided by or under that Act.

Annotations:
Marginal Citations
M128

1970 c. 9.

The Immigration Act 1971

9

In Schedule 5 to the M129Immigration Act 1971, paragraphs 3 and 9 (which, among other things, make provision for the pensions, allowances and gratuities etc payable to or in respect of immigration adjudicators and members of the Immigration Appeal Tribunal) shall each be numbered as sub-paragraph (1) and at the end of each of those paragraphs there shall be added—

2

Sub-paragraph (1)(b) above shall not have effect in relation to a person to whom Part I of the Judicial Pensions and Retirement Act 1993 applies, except to the extent provided by or under that Act.

The Administration of Justice Act 1973

10

1

Section 10 of the M130Administration of Justice Act 1973 (which, as it has effect by virtue of subsection (8) thereof, provides for certain widow’s and children’s pensions in Northern Ireland to be increased) shall be amended as follows—

a

in subsections (1), (2)(a) and (3), after the words “or widow’s” in each place there shall be inserted the words “ or widower’s ”;

b

in subsection (2)—

i

in paragraph (b), after the word “widow”, where it occurs for the first time, there shall be inserted the words “ or widower ”, and

ii

in sub-paragraph (i) of that paragraph, for the words from “was” to “and” there shall be substituted the words “ left a spouse and he or ”;

c

in subsection (4)—

i

after the word “him” or “his” in each place there shall be inserted the words “ or her ”, and

ii

in sub-paragraph (c), after the word “widow’s” there shall be inserted the word “ widower’s ”; and

d

in subsection (5), after the word “widow’s” there shall be inserted the word “ widower’s ”.

2

In Schedule 3 to the Administration of Justice Act 1973 (which sets out the enactments in relation to which section 10 of that Act has effect), in paragraph 3, for the reference to the Department of Health and Social Services for Northern Ireland there shall be substituted a reference to the Department of Economic Development.

The Social Security (Northern Ireland) Act 1975

11

In paragraph 6 of Schedule 10 to the M131Social Security (Northern Ireland) Act 1975 (pensions of social security commissioners in Northern Ireland) after sub-paragraph (1) there shall be inserted—

1A

Sub-paragraph (1) shall not have effect in relation to a person to whom Part I of the Judicial Pensions and Retirement Act 1993 applies, except to the extent provided by or under that Act.

The Social Security Pensions Act 1975

F13312

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Social Security Pensions (Northern Ireland) Order 1975

F13413

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Judicature (Northern Ireland) Act 1978

14

At the end of section 72 of the M132Judicature (Northern Ireland) Act 1978 (pension arrangements for statutory officers) there shall be added—

4

This section does not apply to a person to whom Part I of the Judicial Pensions and Retirement Act 1993 applies, except to the extent provided by or under that Act.

The Supreme Court Act 1981

15

1

In section 12 of the M133Supreme Court Act 1981, in subsection (7) (pensions to be payable to or in respect of the judges mentioned in subsection (1) in accordance with section 2 of the 1981 Act) after the words “section 2 of the Judicial Pensions Act 1981” there shall be inserted the words “ or, in the case of a judge who is a person to whom Part I of the Judicial Pensions and Retirement Act 1993 applies, in accordance with that Act ”.

2

In section 93 of that Act (certain officers to be treated as employed in the civil service of the State for the purposes of salary and pension), in subsection (2) (exception, in respect of pension, for persons holding offices specified in paragraph 1 of Schedule 1 to the 1981 Act) for the words from “an office” onwards there shall be substituted the words “ qualifying judicial office, within the meaning of the Judicial Pensions and Retirement Act 1993. ”

3

In section 102 of that Act (deputy district judges for district registries of the High Court), for subsection (5) (which includes a reference to section 91(5) of that Act, a provision which is repealed by this Act) there shall be substituted—

5

Subsection (6) of section 91 applies in relation to a deputy district judge appointed under this section as it applies in relation to a person appointed under that section.

The Value Added Tax Act 1983

F13516

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The County Courts Act 1984

17

In the M134County Courts Act 1984—

a

section 7 (which relates to assistant district judges), and

b

in section 9 (qualifications for appointment) the words “assistant district judge”,

shall cease to have effect.

The Social Security Act 1986

F13618

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Social Security (Northern Ireland) Order 1986

F13719

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Criminal Justice Act 1988

20

In Schedule 6 to the M135Criminal Justice Act 1988, in paragraph 3, after sub-paragraph (2) (pensions, allowances and gratuities payable to or in respect of members of the Criminal Injuries Compensation Board) there shall be added—

3

Sub-paragraph (2) above does not apply to a chairman or former chairman of the Board who is a person to whom Part I of the Judicial Pensions and Retirement Act 1993 applies, except to the extent provided by or under that Act.

The Child Support Act 1991

21

F1381

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

In Schedule 4 to that Act, at the end of paragraph 2 (remuneration and expenses of, and pensions, allowances or gratuities for, Child Support Commissioners) there shall be added—

3

Sub-paragraph (1), so far as relating to pensions, allowances or gratuities, shall not have effect in relation to any person to whom Part I of the Judicial Pensions and Retirement Act 1993 applies, except to the extent provided by or under that Act.

The Child Support (Northern Ireland) Order 1991

F13922

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Social Security Administration Act 1992

F14023

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Social Security Administration (Northern Ireland) Act 1992

F14124

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 9 Repeals and revocations

Section 31.

Chapter or number

Short title

Extent of repeal orrevocation

14 & 15 Geo. 6. c. 46.

The Courts-Martial (Appeals) Act 1951.

In section 28, the proviso to subsection (3).

In section 32, the proviso to subsection (2).

1951 c. 20 (N.I.).

The Judicial Pensions Act (Northern Ireland) 1951.

In section 11A, in subsection (3), the word “and” immediately preceding paragraph (b), and subsection (4).

1959 c. 25 (N.I.).

The County Courts Act (Northern Ireland) 1959.

Section 116(6).In section 127A, in subsection (3), the word “and” immediately preceding paragraph (b), and subsection (4).

1960 c. 2 (N.I.).

The Resident Magistrates’ Pensions Act (Northern Ireland) 1960.

In section 9A, in subsection (3), the word “and” immediately preceding paragraph (b), and subsection (4).Section 14.

9 & 10 Eliz. 2. c. 42.

The Sheriffs’ Pensions (Scotland) Act 1961.

Section 6.Section 9.In section 10, in the definition of “sheriff”, the words “except in subsection (2) of section six”.

1966 c. 27 (N.I.).

The Superannuation (Amendment) Act (Northern Ireland) 1966.

In Schedule 1, paragraph 18.

1969 c. 7 (N.I.).

The Superannuation (Miscellaneous Provisions) Act (Northern Ireland) 1969.

Section 2(5).

1970 c. 9.

The Taxes Management Act 1970.

Section 4A(5).

1971 c. 23.

The Courts Act 1971.

Section 17(2) and (3).Section 24(4).

1975 c. 15.

The Social Security (Northern Ireland) Act 1975.

In Schedule 10, paragraph 6(4).

1976 c. 33.

The Restrictive Practices Court Act 1976.

In section 3(2), the words “(not less than three years)”.

1978 c. 23.

The Judicature (Northern Ireland) Act 1978.

In section 7(1), the words “at any time”.Section 8(4).

1979 c. 55.

The Justices of the Peace Act 1979.

In section 14, the proviso to subsection (1), and subsection (2).

1981 c. 20.

The Judicial Pensions Act 1981.

Section 15.Section 21(5) and (6).

In section 33A, in subsection (3), the word “and” immediately preceding paragraph (b), and subsection (4).In Schedule 1, in paragraph 1, the entry “Assistant district judge”.

1981 c. 54.

The Supreme Court Act 1981.

Section 9(7).Section 91(5).In section 92, in subsection (2B), the words from “and the office” onwards, and subsections (2C) and (3).Section 103.

1984 c. 28.

The County Courts Act 1984.

Section 7.Section 8(2).In section 9, the words “assistant district judge”.Section 11(3).

1985 c. 67.

The Transport Act 1985.

In Schedule 4, paragraph 3(2).

1990 c. 41.

The Courts and Legal Services Act 1990.

In Schedule 18, paragraph 42(b).

1991 c. 48.

The Child Support Act 1991.

In Schedule 3, paragraph 4(4) and, in paragraph 8, the word “(4)”.In Schedule 4, paragraph 1(2).

S.I. 1991/2628 (N.I. 23).

The Child Support (Northern Ireland) Order 1991.

In Schedule 3, paragraph 4(4).

1992 c. 5.

The Social Security Administration Act 1992.

In Schedule 2, in paragraph 1, sub-paragraph (3), in sub-paragraph (5) the words “(3) or”, in sub-paragraph (6) the words “or (3)” and, in sub-paragraph (7), the words “(2) or”.

1992 c. 8.

The Social Security Administration (Northern Ireland) Act 1992.

In Schedule 2, in paragraph 1, sub-paragraph (3) and, in sub-paragraph (6), the words “or (3)”.