Constitutional Reform Act 2005 (c. 4)

SCHEDULES

SCHEDULE 4 Other functions of the Lord Chancellor and organisation of the courts

Part 1 Amendments

Judicial Pensions and Retirement Act 1993 (c. 8)

227 (1) Section 2 (the judicial officer’s entitlement to a pension) is amended as follows.

(2) After subsection (3) insert—

“(3A) Where the appropriate minister is the Lord Chancellor, he must, before satisfying himself as mentioned in subsection (3)(b)—

(a) consult the Lord Chief of Justice of England and Wales, if the person in question holds office in England and Wales;

(b) consult the Lord Chief of Justice of Northern Ireland, if the person in question holds office in Northern Ireland.”

(3) After subsection (8) insert—

“(9) The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

(10) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this section—

(a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

(b) a Lord Justice of Appeal (as defined in section 88 of that Act).”