The Pensions Increase (Judicial Pensions) (Amendment) Regulations 1974

1.  These Regulations may be cited as the Pensions Increase (Judicial Pensions) (Amendment) Regulations 1974, and shall come into operation on 10th July 1974.

2.—(1) In these Regulations—

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

“judicial pension” means any of the pensions specified in Schedule 2 to these Regulations;

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

“the 1973 Regulations” means the Pensions Increase (Judicial Pensions) (Amendment) Regulations 1973(2)

(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 19 of the Courts Act 1971 (Circuit judges) as if such a pension were specified in Part I of Schedule 2 to the 1971 Act, but the 1971 Act shall apply to such a pension subject to the modifications specified in the principal Regulations as amended by the 1973 Regulations and these Regulations.

(2) Any increase of pension payable by virtue of this Regulation shall take effect from 1st April 1973.

4.  The provisions of the Schedule to the principal Regulations (as substituted by Regulation 5(1)(b) of the 1973 Regulations) shall have effect subject to the amendments specified in Schedule 1 to these Regulations for the purpose of calculating pension increases payable 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 1973.

5.—(1) The principal Regulations, as amended by the 1973 Regulations, shall be further amended—

(a) by substituting, in Regulation 4(2) thereof, for the words “a judicial pension” the words “a pension specified in paragraph 1 of the Schedule to these Regulations”.

(b) by substituting, in Regulation 5(1)(b) thereof, for the figures “1.2968” the figures “1.4174”, and

(c) 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 1973.

6.—(1) This Regulation applies to any judicial pension except a pension specified in paragraph 1 of Schedule 2 to these Regulations.

(2) Where a pension to which this Regulation applies begins on or before the relevant date, any Order made under section 2 of the 1971 Act in respect of the review period ending with 30th June 1974 or any subsequent review period shall apply in relation to the pension, but for the purpose of calculating the increase of the pension under any such Order the amount of the increase under the principal Regulations as amended by these Regulations shall be treated as if it were an increase under section 1 of the 1971 Act or under the Pensions Increase (Annual Review) Order 1972 or the Pensions Increase (Annual Review) Order 1973(3)

(3) The principal Regulations shall not apply to any pension to which this Regulation applies and which begins after the relevant date, and accordingly the 1971 Act shall apply without modification to such a pension.

(4) In this Regulation “relevant date” means—

(a) in relation to a pension specified in paragraph 2, 3, 4 or 5 of Schedule 2 to these Regulations, 26th July 1972,

(b) in relation to a pension specified in paragraph 17 of Schedule 2 to these Regulations, 17th July 1972, and

(c) in relation to any other pension to which this Regulation applies, 1st July 1972.

Given under the official seal of the Minister for the Civil Service on 6th June 1974.

L.S.

Robert Sheldon

Minister of State

Civil Service Department