5.—(1) Where a judicial pension is a derivative pension which first becomes payable after the coming into operation of these Regulations, the increase that may be made in it under the 1971 Act shall be the amount necessary to bring the annual rate up to whichever is the higher of—

(a) the annual rate to which it may be increased in accordance with Regulation 4 above, or

(b) the annual rate arrived at by multiplying by 1·1800 the 1971 rate (ascertained in accordance with paragraph (2) below) with the addition (if any) to be made to that rate under section 6(5) of the 1971 Act.

(2) Where a judicial pension falls to be increased in accordance with paragraph (1)(b) above by reference to the 1971 rate, that rate shall be ascertained in accordance with section 6(4) of the 1971 Act, but the pension shall, for the purposes of the Pensions (Preservation of Increases) Order 1971(1), be taken to have begun on the date given in column 1 of the table relating to the pension in the Schedule to these Regulations as the date preceding the period during which the pension actually began.

(1)

(1971 II, p. 3752).