Judicial Pensions and Retirement Act 1993

27 Completion of proceedings after retirement. U.K.

(1) Notwithstanding that a person has vacated or otherwise ceased to hold an office to which this section applies—

(a) he may act as if he had not ceased to hold the office for the purpose of continuing to deal with, giving judgment in, or dealing with any ancillary matter relating to, any case begun before him before he ceased to hold that office; and

(b) for that purpose, and for the purpose of any proceedings arising out of any such case or matter, he shall be treated as being or, as the case may be, as having been a holder of that office;

but nothing in this subsection shall authorise him to do anything if he ceased to hold the office by virtue of his removal from it.

(2) Where a person has vacated or otherwise ceased to hold a qualifying judicial office but the office in question is one to which this section applies, then, notwithstanding anything in subsection (1) above, any remuneration that may be paid in respect of service of his in that office by virtue of that subsection shall be remuneration by payment of fees (and not a salary) and accordingly that service shall not be regarded as service in qualifying judicial office.

(3) The offices to which this section applies are—

(a) any relevant office, within the meaning of section 26 above;

(b) any office falling within any of the paragraphs of subsection (7) of that section;

(c) Queen’s Coroner and Attorney and Master of the Crown Office and Registrar of Criminal Appeals;

(d) Vice Judge Advocate General;

(e) Assistant Judge Advocate General;

F1 (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F2 (ff) a part-time sheriff;]

(g) Chairman of the Criminal Injuries Compensation Board.

(4) If and to the extent that any prohibition imposed by subsection (7) of section 26 above would not, apart from this subsection, be regarded as a prohibition on the holding of an office, it shall be treated for the purposes of this section as if it were such a prohibition, and references in this section to office, or to vacating or otherwise ceasing to hold office, shall be construed accordingly.

Textual Amendments

F1 S. 27(3)(f) repealed (1.10.2001) by 2001 c. 19, ss. 34, 38, Sch. 6 Pt. 2 para. 10, Sch. 7 Pt. 3; S.I. 2001/3234, art. 2 (subject to art. 3)

F2 S. 27(3)(ff) inserted (S.) (9.8.2000) by 2000 asp 9, s. 12, Sch. para. 5(2)