- Latest available (Revised)
- Point in Time (06/04/2016)
- Original (As enacted)
Point in time view as at 06/04/2016.
There are currently no known outstanding effects for the Pensions Act 2011,
Part 1
.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
1(1)The District Judges (Magistrates' Courts) Pensions Act (Northern Ireland) 1960 is amended as follows.U.K.
(2)Before section 9 (and after the heading “Contributions”) insert—
(1)The Lord Chancellor may, by regulations made with the consent of the Treasury, make provision for and in connection with requiring contributions to be made towards the cost of the liability for relevant benefits.
(2)The prescribed contributions are to be—
(a)made by the person to or in respect of whom the relevant benefits are to be, or may be, provided;
(b)made for the person's period of relevant service;
(c)in the form of deductions from the salary payable for that service.
(3)But no contribution is to be made by a person—
(a)for any period of service during which an election under section 2A is in force in respect of the person;
(b)for any period of service after the person has completed, in the aggregate, 20 years' relevant service;
(c)for any other prescribed period of service;
(d)in any prescribed circumstances.
(4)For the purposes of subsection (3)(b), it does not matter whether the person's relevant service was service before or after the commencement of paragraph 1 of Schedule 5 to the Pensions Act 2011 (but no contribution is to be made for a person's service before that commencement).
(5)In this section—
“prescribed” means specified in, or determined in accordance with, regulations;
“relevant benefits” means—
a pension under section 2;
a lump sum under section 3;
“relevant service” means service as a district judge (magistrates' courts) in Northern Ireland.
(6)Regulations under this section may make provision for consequential, transitional and incidental matters.
(7)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.”
(3)In section 10(a) (district judges (magistrates' courts) serving again after retirement) after “any contribution” insert “ by virtue of section 9 ”.
Commencement Information
I1Sch. 5 para. 1 in force at 3.1.2012 by S.I. 2011/3034, art. 3(j)
2(1)The Judicial Pensions Act 1981 is amended as follows.U.K.
(2)In section 25(1)(a) (persons serving again after retirement) after “any contribution” insert “ by virtue of section 23 ”.
(3)After section 33 insert—
(1)The appropriate Minister may, by regulations made with the concurrence of the Treasury, make provision for and in connection with requiring contributions to be made towards the cost of the liability for relevant benefits.
(2)The prescribed contributions are to be—
(a)made by the person to or in respect of whom the relevant benefits are to be, or may be, provided;
(b)made for the person's period of relevant service;
(c)in the form of deductions from the salary payable for that service.
(3)But no contribution is to be made by a person—
(a)for any period of service during which an election under section 14A is in force in respect of the person;
(b)for any period of service after the person has completed, in the aggregate, 20 years' relevant service;
(c)for any other prescribed period of service;
(d)in any prescribed circumstances.
(4)For the purposes of subsection (3)(b), it does not matter whether the person's relevant service was service before or after the commencement of paragraph 2 of Schedule 5 to the Pensions Act 2011 (but no contribution is to be made for a person's service before that commencement).
(5)In this section—
“the appropriate Minister” means—
in relation to offices existing only in Scotland, the Secretary of State, or
subject to paragraph (a), the Lord Chancellor;
“prescribed” means specified in, or determined in accordance with, regulations;
“relevant benefits” means—
a pension under section 7 or Schedule 1;
a pension for a sheriff (but not a sheriff principal) under section 1 of the Sheriffs' Pensions (Scotland) Act 1961;
a lump sum under section 17, so far as relating to a pension within paragraph (a) or (b);
“relevant service”—
in relation to a pension under section 7 or a lump sum under section 17 so far as relating to such a pension, means service as a stipendiary magistrate in England or Wales;
in relation to a pension for service in an office in paragraph 1 of Schedule 1 (except where under paragraph 3 of that Schedule this section does not apply) or a lump sum under section 17 so far as relating to such a pension, means relevant service as defined in paragraph 2 of that Schedule in relation to the office;
in relation to a pension for a sheriff (but not a sheriff principal) under section 1 of the Sheriffs' Pensions (Scotland) Act 1961 or a lump sum under section 17 so far as relating to such a pension, means service as a sheriff (but not a sheriff principal).
(6)Regulations under this section—
(a)are to be made by statutory instrument;
(b)may make different provision for different cases or classes of case;
(c)may make provision for consequential, transitional and incidental matters.
(7)A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.”
(4)In Schedule 1 (certain Senior Courts and county court officers and President of Transport Tribunal) in paragraph 3(2)(b) after “Part II” insert “ and section 33ZA ”.
Commencement Information
I2Sch. 5 para. 2 in force at 3.1.2012 by S.I. 2011/3034, art. 3(j)
3(1)Paragraph 4 of Schedule 7 to the Constitutional Reform Act 2005 (Lord Chancellor's protected functions) is amended as follows.U.K.
(2)In the entries relating to the Judicial Pensions Act 1981 at the appropriate place insert “ Section 33ZA. ”
(3)In the entries relating to the Judicial Pensions and Retirement Act 1993 at the appropriate place insert “ Section 9A. ”
(4)In the entries relating to the District Judges (Magistrates' Courts) Pensions Act (Northern Ireland) 1960 at the appropriate place insert “ Section 8A. ”
Commencement Information
I3Sch. 5 para. 3 in force at 3.1.2012 by S.I. 2011/3034, art. 3(j)
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: