SCHEDULES

SCHEDULE 9Tribunals: transitional provision

Part 4Amendments to the Judicial Pensions and Retirement Act 1993

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1

Section 1 (application of Part 1: judicial pensions) is amended as follows.

2

In subsection (1) (persons to whom Part 1 of the 1993 Act applies), after paragraph (d) insert

and

e

to any person appointed to a qualifying judicial office in circumstances falling within subsection (4A) below;

3

In subsection (1), after “but this subsection is subject to the following provisions of this Act” insert “ and to Part 3 of Schedule 9 to the Tribunals, Courts and Enforcement Act 2007 (transitional arrangements for pensions of certain judges and other members of the First-tier Tribunal and Upper Tribunal) ”.

4

After subsection (4) insert—

4A

The circumstances of a person's appointment to a qualifying judicial office (“the subsequent office”) fall within this subsection if—

a

the person, immediately before being appointed to the subsequent office, holds an office within subsection (4B) below (“the replacement tribunal office”);

b

the person held the replacement tribunal office on a salaried basis from when he became its holder until immediately before being appointed to the subsequent office; and

c

the person, before becoming the holder of the replacement tribunal office, had never held qualifying judicial office.

4B

The offices within this subsection are—

a

the office of judge of the First-tier Tribunal by virtue of being a transferred-in judge of the First-tier Tribunal,

b

the office of other member of the First-tier Tribunal by virtue of being a transferred-in other member of the First-tier Tribunal,

c

the office of judge of the Upper Tribunal by virtue of being a transferred-in judge of the Upper Tribunal, and

d

the office of other member of the Upper Tribunal by virtue of being a transferred-in other member of the Upper Tribunal.