Tribunals, Courts and Enforcement Act 2007

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

(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.”