The Pensions Increase (Judicial Pensions) (Amendment) Regulations 1973

Statutory Instruments

1973 No. 495

PENSIONS

The Pensions Increase (Judicial Pensions) (Amendment) Regulations 1973

Made

21st March 1973

Laid before Parliament

28th March 1973

Coming into Operation

19th April 1973

The Minister for the Civil Service, in exercise of the powers conferred on him by section 5(2), (3) and (4) of the Pensions (Increase) Act 1971 and of all other powers enabling him in that behalf, hereby makes the following Regulations:—

1.  These Regulations may be cited as the Pensions Increase (Judicial Pensions) (Amendment) Regulations 1973, and shall come into operation on 19th April 1973.

2.—(1) In these Regulations—

“the 1971 Act” means the Pensions (Increase) Act 1971;

“the principal Regulations” means the Pensions Increase (Judicial Pensions) Regulations 1972(1).

(2) The Interpretation Act 1889 shall apply for the interpretation of these Regulations as it applies for the interpretation of an Act of Parliament.

3.—(1) The 1971 Act shall have effect in relation to a pension payable under section 29(2) of the Administration of Justice (Scotland) Act 1933 (judges clerks in Scotland appointed before 28th July 1933) as if such a pension were specified in Part I of Schedule 2 to the 1971 Act, but the 1971 Act shall apply in relation to such a pension subject to the modifications specified in the principal Regulations as amended by these Regulations.

(2) The 1971 Act shall have effect in relation to—

(a) a pension payable under a scheme under section 395 of the Middlesex County Council Act 1944 (chairman and deputy chairman of Middlesex Quarter Sessions),

(b) a pension payable under Part I of the Administration of Justice (Pensions) Act 1950 in respect of service of any person as chairman or deputy chairman of Middlesex Quarter Sessions, and

(c) a pension payable under a scheme under section 5 of the Kent Quarter Sessions Act 1962 (chairman of Kent Quarter Sessions),

as if such a pension were specified in Part II of Schedule 2 to the 1971 Act, but the 1971 Act shall apply in relation to such a pension subject to the modifications specified in the principal Regulations as amended by these Regulations.

(3) Any increase of pension payable by virtue of this Regulation shall take effect from 1st September 1971.

4.  The provisions of the Schedule to the principal Regulations shall have effect subject to the amendments specified in Schedule 1 to these Regulations for the purpose of calculating increases of pensions in respect of periods beginning not earlier than the effective dates respectively specified in the said Schedule 1 in relation to those amendments and ending not later than 30th November 1972.

5.—(1) The principal Regulations shall be amended—

(a) by substituting, in Regulation 5(1)(b) thereof, for the figures “1.1800” the figures “1.2968”, and

(b) by substituting for the provisions of the Schedule thereto the provisions of Schedule 2 to these Regulations.

(2) Any increase of pension payable by virtue of this Regulation shall take effect from 1st December 1972.

Given under the official seal of the Minister for the Civil Service on 21st March 1973.

L.S.

Kenneth Baker

Parliamentary Secretary to the Civil Service Department

Regulation 4

SCHEDULE 1 Amendments to the Schedule to the principal Regulations in their application to increases payable for periods before 1st December 1972

1.—(1) In paragraph 1 of the Schedule to the principal Regulations, for the table substitute the following table:—

Pension beginning after	but not later than	Multiplier
	17.12.59	2.2666
17.12.59	1.4.66	1.6485
1.4.66	1.4.72	1.3192

(2) Any increase of pension payable by virtue of this paragraph shall take effect from 1st April 1972.

2.—(1) In paragraph 2 of the Schedule to the principal Regulations—

(a) for the first entry in the table substitute the following entry:—

17.12.59

3·0667

(b) add at the end of the table the following entry:—

1.1.71.

26. 7.72

1·0600

(2) Any increase of pension payable by virtue of this paragraph shall take effect from 26th July 1972.

3.—(1) In paragraph 3 of the Schedule to the principal Regulations—

(a) for the first entry in the table substitute the following entry:—

—

17.12.59

3·0000

(b) add at the end of the table the following entry:—

1.1.71

26.7.72

1·0600

(2) Any increase of pension payable by virtue of this paragraph shall take effect from 26th July 1972.

4.—(1) In paragraph 4 of the Schedule to the principal Regulations—

(a) for the first entry in the table substitute the following entry:—

—

17.12.59

3·3951

(b) add at the end of the table the following entry:—

1.1.71

26.7.72

1·0600

(2) Any increase of pension payable by virtue of this paragraph shall take effect from 26th July 1972.

5.—(1) In paragraph 5 of the Schedule to the principal Regulations—

(a) for the first entry in the table substitute the following entry:—

—

17.12.59

3·6014

(b) add at the end of the table the following entry:—

1. 1.71

26. 7.72

1·0600

(2) Any increase of pension payable by virtue of this paragraph shall take effect from 26th July 1972.

6.  In paragraph 7 of the Schedule to the principal Regulations—

(a) in table A, for the last entry substitute the following entry:—

1. 9.65

1. 7.68

1·3712

(b) in table B, for the second entry substitute the following entry:—

1. 9.65

1. 7.68

1·3712

and add at the end of the table the following entry:—

1. 1.71

1. 1.72

1·0600

(c) in table C, for the second and third entries substitute the following entries:—

1. 1.64	1. 9.65	1·4372
1. 9.65	1. 7.68	1·3712

and add at the end of the table the following entry:—

1. 1.71

1. 1.72

1·0600

(2) Any increase of pension payable by virtue of this paragraph shall take effect from 1st January 1972.

7.—(1) In paragraph 9 of the Schedule to the principal Regulations—

(a) for the third and fourth entries in the table substitute the following entries:—

1. 8.63	1. 9.65	1·4844
1. 9.65	1. 7.68	1·3712

(b) insert after the second entry in the table the following entry:—

1.10.59

1. 8.63

1·6485

(2) Any increase of pension payable by virtue of this sub-paragraph (1)(a) above shall take effect from 1st January 1972, and any increase of pension payable by virtue of sub-paragraph (1)(b) above shall take effect from 1st September 1971.

8.—(1) In paragraph 10 of the Schedule to the principal Regulations, for the last five entries in the table substitute the following six entries:—

1. 8.63	1. 9.65	1·4844
1. 9.65	1. 7.68	1·3712
1. 7.68	1. 7.69	1·2296
1. 7.69	1. 7.70	1·1600
1. 7.70	1. 1.71	1·1000
1. 1.71	1. 1.72	1·0600

(2) Any increase of pension payable by virtue of this paragraph shall take effect from 1st January 1972.

9.—(1) In paragraph 11 of the Schedule to the principal Regulations, for the last entry in the table substitute the following entry:—

1. 1.71

1. 1.72

1·0600

(2) Any increase payable by virtue of this paragraph shall take effect from 1st January 1972.

10.—(1) In paragraph 15 of the Schedule to the principal Regulations—

(a) insert after the fifth entry in the table the following entry:—

1. 1.64

1. 9.65

1·4372

(b) for the last four entries in the table substitute the following five entries:—

1. 4.70	1. 7.70	1·1400
1. 7.70	1. 8.70	1·1000
1. 8.70	1. 19.70	1·1400
1.12.70	1. 1.71	1·1400
1. 1.71	1. 1.72	1·0600

(2) Any increase of pension payable by virtue of sub-paragraph (1)(a) above shall take effect from 1st September 1971, and any increase of pension payable by virtue of sub-paragraph (1)(b) above shall take effect from 1st January 1972.

11.—(1) In paragraph 16 of the Schedule to the principal Regulations, for the last three entries in the table substitute the following four entries:—

29.11.63	19. 5.66	1·4844
19. 5.66	23. 7.69	1·3192
23. 7.69	1. 1.71	1·1600
1. 1.71	17. 7.72	1·0600

(2) Any increase of pension payable by virtue of this paragraph shall take effect from 17th July 1972.

12.—(1) At the end of the Schedule to the principal Regulations add the following paragraphs:—

“21.   A pension payable under Part I of the Administration of Justice (Pensions) Act 1950 in respect of service of any person as Chairman or Deputy Chairman of the Monopolies Commission.

TABLE

Pension beginning after	but not later than	Multiplier
1. 8.63	1.12.65	1·4844

22.   A pension payable under section 29(2) of the Administration of Justice (Scotland) Act 1933 (judges' clerks in Scotland appointed before 28th July 1933).

TABLE

Pension beginning after	but not later than	Multiplier
—	1. 9.71	3·6014

23.   A pension payable under—

(a) a scheme under section 395 of the Middlesex Country Council Act 1944 (chairmen and deputy chairman of Middlesex Quarter Sessions), or

(b) Part I of the Administration of Justices (Pensions) Act 1950 in respect of service of any person as chairman or deputy of chairman of Middlesex Quarter Sessions.

TABLE

Pension beginning after	but not later than	Multiplier
1. 4.60	29.11.63	1·6319

24.   A pension payable under a scheme under section 5 of the Kent Quarter Sessions Act 1962 (chairman of Kent Quarter Sessions).

TABLE

Pension beginning after	but not later than	Multiplier
1. 1.71	1. 1.72	1·0600.”

(2) Any increase payable by virtue of this paragraph shall take effect from 1st September 1971.

Regulation 5

SCHEDULE 2 Judicial pensions, together with tables giving multipliers for determining the amount to which pensions may be increased with effect from 1st December 1972

(Note: If the multiplier is not marked with an asterisk, it is to be applied to the basic rate of pension; if it is marked with an asterisk, it is to be applied to the 1971 rate.)

1.  A pension payable under—

(a) the Lord Chancellor's Pension Act 1832; or

(b) Part I of the Administration of Justice (Pensions) Act 1950 in respect of service of any person as Lord Chancellor.

TABLE

Pension beginning after	but not later than	Multiplier
—	17.12.59	2·2666
17.12.59	1. 4.66	1·7000
1. 4.66	1. 4.72	1·3600

2.  A pension payable under—

(a) the Appellate Jurisdiction Act 1876 (Lords of Appeal in Ordinary); or

(b) section 14 of the Supreme Court of Judicature (Consolidation) Act 1925 in respect of service of any person as Master of the Rolls; or

(c) Part I of the Administration of Justice (Pensions) Act 1950 in respect of service of any person as a Lord of Appeal in Ordinary or Master of the rolls.

TABLE

Pension beginning after	but not later than	Multiplier
—	17.12.59	3·0667
17.12.59	1. 4.66	1·8117
1. 4.66	29. 5.70	1·4498
29. 5.70	1. 1.71	1·2089
1. 1.71	26. 7.72	1·1129

3.  A pension payable under—

(a) section 14 of the Supreme Court of Judicature (Consolidation) Act 1925 (higher judiciary in England and Wales), except such a pension as is specified in paragraph 2(b) above, or

(b) Part I of the Administration of Justice (Pensions) Act 1950 in respect of service of any person in which that person became or might have become eligible for a pension specified in sub-paragraph (a) above.

TABLE

Pension beginning after	but not later than	Multiplier
—	17.12.59	3·0000
17.12.59	1. 4.66	1·8117
1. 4.66	29. 5.70	1·4498
29. 5.70	1. 1.71	1·2089
1. 1.71	26. 7.72	1·1250

4.  A pension payable under—

(a) the Judges' Pensions (Scotland) Act 1808 (higher judiciary in Scotland); or

(b) Part I of the Administration of Justice (Pensions) Act 1950 in respect of service of any person in an office in which that person became or might have become eligible for a pension specified in sub-paragraph (a) above.

TABLE

Pension beginning after	but not later than	Multiplier
—	17.12.59	3·3951
17.12.59	1. 4.66	1·8117
1. 4.66	29. 5.70	1·4498
1. 1.71	26. 7.72	1·1320

5.  A pension payable under—

(a) section 19 of the Supreme Court of Judicature (Ireland) Act 1877 (higher judiciary in Northern Ireland); or

(b) Part I of the Administration of Justice (Pensions) Act 1950 in respect of service of any person in an office in which that person became or might have become eligible for a pension specified in sub-paragraph (a) above.

TABLE

Pension beginning after	but not later than	Multiplier
—	17.12.59	3·8571
1.4.66	29.5.70	1·4498
1.1.71	26.7.72	1·1320

6.  A pension payable under—

(a) section 9 of the County Courts Act 1934 (county court judges); or

(b) Part I of the Administration of Justice (Pensions) Act 1950 in respect of service of any person as a county courts judge.

TABLE

Pension beginning after	but not later than	Multiplier
—	1. 7.51	3·9579
1.7.51	18. 4.57	2·4458
18. 4.57	13. 5.59	1·2968*
13. 5.59	29.11.63	1·8117
29.11.63	19. 5.66	1·6314
19. 5.66	23. 7.69	1·4498
23. 7.69	1. 1.71	1·2748
1. 1.71	1. 1.72	1·1649

7.  A pension payable under—

(a) section 1 of the Sheriff's Pensions (Scotland) Act 1961 (salaried sheriffs); or

(b) Part I of the Administration of Justice (Pensions) Act 1950 in respect of service of any person as a salaried sheriff.

TABLE

A: Any pension calculated by reference to a salary based on scale A of the scale of salaries for sheriffs

Pension beginning after	but not later than	Multiplier
19. 7.61	1. 8.63	1·7351
1. 9.65	1. 7.68	1·5069

B: Any pension calculated by reference to a salary based on scale B of the scales of salaries for sheriffs

Pension beginning after	but not later than	Multiplier
1. 1.64	1. 9.65	1·5795
1. 9.65	1. 7.68	1·5069
1. 7.68	1. 7.69	1·3513
1. 7.69	1. 7.70	1·2748
1. 1.71	1. 1.72	1·1649

C: Any pension calculation by reference to a salary based on scale C of the scale of salaries for sheriffs

Pension beginning after	but not later than	Multiplier
19. 7.61	1. 1.63	1·7351
1. 1.64	1. 9.65	1·5795
1. 9.65	1. 7.68	1·5069
1. 7.69	1. 7.70	1·2748
1. 1.71	1. 1.72	1·1649

8.  A pension payable under—

(a) section 4(5) of the Criminal Justice Administration Act 1956 (Recorder of Manchester or Liverpool); or

(b) Part I of the Administration of Justice (Pensions) Act 1950 in respect of service of any person as Recorder of Manchester or Liverpool.

TABLE

Pension beginning after	but not later than	Multiplier
13. 5.59	29.11.63	1·8117

9.  A pension payable under—

(a) the Superannuation Acts 1965 and 1967, as applied by section 128 of the Supreme Court of Judicature (Consolidation) Act 1925, to any person in respect of service in any of the following offices:—

• Senior Master of the Supreme Court (Queen's Bench Division).

• Chief Master of the Supreme Court (Chancery Division),

• Chief Master of the Supreme Court (Taxing Office),

• Master of the Court of Protection,

• Chief Registrar, High Court in Bankruptcy,

• Senior Registrar, Probate Division; or

(b) Part I of the Administration of Justice (Pensions) Act 1950 in respect of such service as is specified in sub-paragraph (a) above.

TABLE

Pension beginning after	but not later than	Multiplier
1.10.50	1. 4.56	2·6702
1. 2.59	1. 8.63	1·8117
1. 8.63	1. 9.65	1·6314
1. 9.65	1. 7.68	1·5069
1. 7.68	1. 7.69	1·3513
1. 7.69	1. 1.71	1·2748

10.  A pension payable under—

(a) the Superannuation Acts 1965 and 1967, as applied by section 128 of the Supreme Court of Judicature (Consolidation) Act 1925, to any person in respect of service in any of the following offices:—

• Master of the Supreme Court (Queen's Bench Division),

• Assistant Master of the Supreme Court (Queen's Bench Division),

• Master of the Supreme Court (Chancery Division),

• Master of the Supreme Court (Taxing Office),

• Registrar, High Court in Bankruptcy,

• Registrar, Probate Division (not including a district probate registrar); or

(b) Part I of the Administration of Justice (Pensions) Act 1950 in respect of such service as is specified in sub-paragraph (a) above.

TABLE

Pension beginning after	but not later than	Multiplier
1.10.49	1. 1.53	2·7480
1. 1.53	1. 2.59	1·2968*
1. 2.59	1. 7.60	1·8117
1. 7.60	1. 8.63	1·7935
1. 8.63	1. 9.65	1·6314
1. 9.65	1. 7.68	1·5069
1. 7.68	1. 7.69	1·3513
1. 7.69	1. 7.70	1·2748
1. 7.70	1. 1.71	1·2089
1. 1.71	1. 1.72	1·1649

A pension payable under

11.—(a) the Superannuation Acts 1965 and 1967, as applied by section 128 of the Supreme Court of Judicature (Consolidation) Act 1925, to any person in respect of service in the office of Official Referee to the Supreme Court; or

(b) Part I of the Administration of Justice (Pensions) Act 1950 in respect of service of any person in that office.

TABLE

Pension beginning after	but not later than	Multiplier
1. 1.53	1. 2.59	1·2968*
1. 8.63	1. 9.65	1·6314
1. 7.68	1. 7.69	1·3513
1. 1.71	1. 1.72	1·1649

A pension payable under

12.—(a) the Superannuation Acts 1965 and 1967, as applied by section 128 of the Supreme Court of Judicature (Consolidation) Act 1925, to any person in respect of service in the office of Lord Chancellor's Legal Visitor; or

(b) Part I of the Administration of Justice (Pensions) Act 1950 in respect of service of any person in that office.

TABLE

Pension beginning after	but not later than	Multiplier
1. 8.63	1. 9.65	1·6314

A pension payable under

13.—(a) the Superannuation Acts 1965 and 1967, as applied by section 128 of the Supreme Court of Judicature (Consolidation) Act 1925 and section 1 of the Supreme Court of Judicature (Circuit Officers) Act 1964, to any person in respect of service in the office of Clerk of Assize; or

(b) Part I of the Administration of Justice (Pensions) Act 1952 in respect of service of any person in that office.

TABLE

Pension beginning after	but not later than	Multiplier
1. 2.59	1. 9.65	1·8117
1. 9.65	1. 1.68	1·5069
1. 1.68	1. 1.69	1·3513

14.  A pension payable under—

(a) section 2(6) of the Lands Tribunal Act 1949 (members of the Lands Tribunal); or

(b) Part I of the Administration of Justice (Pensions) Act 1950 in respect of service of any person in the office of member of the Lands Tribunal.

TABLE

Pension beginning after	but not later than	Multiplier
1.11.56	1. 2.59	1·9465
1. 2.59	1. 4.63	1·8117
1. 9.65	1. 7.68	1·5069
1. 7.69	1. 1.71	1·2748

15.  A pension payable under—

(a) the Superannuation Acts 1965 and 1967, as applied by section 21 of the County Courts Act 1934 (county court registrars); or

(b) Part I of the Administration of Justice (Pensions) Act 1950 in respect of service of any pension in the office of county court register.

TABLE

Pension beginning after	but not later than	Multiplier
1.10.50	1. 1.52	2·6702(2)
1. 1.52	1. 2.59	1·2968*
1. 2.59	1. 1.63	1·8117
1. 1.63	1. 4.63	1·6625
1. 4.63	1. 1.64	1·6314
1. 1.64	1. 9.65	1·5795
1. 9.65	1. 1.68	1·5069
1. 1.68	1. 1.69	1·3513
1. 7.69	1. 4.70	1·2748
1. 4.70	1. 7.70	1·2529
1. 7.70	1. 8.70	1·2089
1. 8.70	1. 1.71	1·2529
1. 1.71	1. 1.72	1·1608

16.  A pension payable under—

(a) the Police Magistrates (Superannuation) Acts 1915 and 1929 (Metropolitan police magistrates); or

(b) section 33 of the Justices of the Peace Act 1949 (stationary magistrates); or

(c) Part I of the Administration of Justice (Pensions) Act 1950 in respect of service of any person as a metropolitan police magistrate or stipendiary magistrate.

TABLE

Pension beginning after	but not later than	Multiplier
1. 7.51	18. 4.57	2·4458(3)
23.11.60	29.11.63	1·7935
29.11.63	19. 5.66	1·6314
19. 5.66	23. 7.69	1·4498
23. 7.69	1. 1.71	1·2748
1. 1.71	17. 7.72	1·1649

17.  A pension payable under—

(a) the Superannuation Acts 1965 and 1967, as applied by section 128 of the Supreme Court of Judicature (Consolidation) Act 1925 and paragraph 8(2) of Schedule 10 to the Transport Act 1962, to any person in respect of service in the office of President of the Transport Tribunal; or

(b) Part I of the Administration of Justice (Pensions) Act 1950 in respect of service of any person in that office.

TABLE

Pension beginning after	but not later than	Multiplier
1. 2.59	1. 8.63	1·8117

18.  A pension payable under—

(a) section 79 of the National Insurance Act 1965 (National Insurance Commissioners); or

(b) Part I of the Administration of Justice (Pensions) Act 1950 in respect of service of any person as National Insurance Commissioner.

TABLE

Pension beginning after	but not later than	Multiplier
1.8.63	1.9.65	1·6314
1.9.65	1.7.69	1·5069

19.  A pension payable under—

(a) the Superannuation (President of Industrial Court) Act 1954; or

(b) Part I of the Administration of Justice (Pensions) Act 1950 in respect of service of any person as President of the Industrial Court.

TABLE

Pension beginning after	but not later than	Multiplier
1.2.59	1.1.61	1.8117

20.  A pension payable under—

(a) section 22 of the Administration of Justice (Pensions) Act 1950 or under that section as applied by section 23 of the Administration of Justice Act 1964 (chairmen and deputy chairmen of London Sessions); or

(b) Part I of that Act in respect of service of any person as chairman or deputy chairman of London Sessions.

TABLE

Pension beginning after	but not later than	Multiplier
1. 6.56	13. 5.59	1·9465
23. 11.60	29. 11.63	1·7935
19. 5.66	1. 7.69	1·4498
1. 7.69	1. 1.71	1·2748

21.  A pension payable under Part I of the Administration of Justice (Pensions) Act 1950 in respect of service of any person as Chairman or Deputy Chairman of the Monopolies Commission.

TABLE

Pension beginning after	but not later than	Multiplier
1. 8.63	1. 12.65	1·6314

22.  A pension payable under section 29(2) of the Administration of Justice (Scotland) Act 1933 (judges' clerks in Scotland appointed before 28th July 1933).

TABLE

Pension beginning after	but not later than	Multiplier
—	1. 9.71	3·9579

23.  A pension payable under—

(a) a scheme under section 395 of the Middlesex County Council Act 1944 (chairman and deputy chairman of Middlesex Quarter Sessions), or

(b) Part I of the Administration of Justice (Pensions) Act 1950 in respect of service of any person as a chairman or deputy chairman of Middlesex Quarter Sessions.

TABLE

Pension beginning after	but not later than	Multiplier
1. 4.60	29. 11.63	1·7935

24.  A pension payable under a scheme under section 5 of the Kent Quarter Sessions Act 1962 (chairman of Kent Quarter Sessions).

TABLE

Pension beginning after	but not later than	Multiplier
1. 1.71	1. 1.72	1·1649

EXPLANATORY NOTE

These Regulations amend the Pensions Increase (Judicial Pensions) Regulations 1972, which modify the provisions of the Pensions (Increase) Act 1971 in their application to certain pensions payable in respect of service in judicial and other similar offices.

The main changes are:—

(1) The Regulations apply the 1971 Act, subject to modifications, to certain new classes of pension (judges' clerks in Scotland, chairman and deputy chairman of Middlesex Quarter Sessions, and chairman of Kent Quarter Sessions). In accordance with the power conferred by section 5(4) of the 1971 Act, the Regulations provide for these increases to take effect from 1st September 1971.

(2) In some cases where the 1972 Regulations restrict the amount of the increase that would normally be payable under the 1971 Act so as to secure that the rate of pension in payment does not exceed the pension currently awarded for similar service, current pension levels have risen. In these cases the Regulations provide, under the power in section 5(4) of the 1971 Act, for increases to be correspondingly raised with effect from the date when the pension rate rose.

(3) The Regulations provide for the payment of higher rates of increase resulting from the 1972 annual review of public service pensions and provided for in the Pensions Increase (Annual Review) Order 1972 (S.I. 1972/1298). As in the principal Regulations, the increase payable under these Regulations on any pension calculated by reference to a particular rate of salary is in general equivalent to the increase that would be payable under the 1971 Act on a pension which began on the day after that rate of salary first became applicable to the judicial office concerned. In some cases the Regulations also restrict the amount of increase payable so as to secure that the rate of pension in payment will not exceed the pension that would be currently awarded for a similar record of service. Under the power in section 5(4) of the 1971 Act the Regulations provide for these increases to take effect from 1st December 1972.

(1)

(1972 I, p. 194).

(2)

if the basic pension is less than £216, substitute 1.2968* for the multiplier given.

(3)

If the basic pension is less than £143, substitute 1.2968* for the multiplier given.