The Pensions Increase (Judicial Pensions) (Amendment) Regulations 1992

This Statutory Instrument has been made in consequence of a defect in S.I.1991/786 and is being issued free of charge to all known recipients of that Statutory Instrument.

Statutory Instruments

1992 No. 736

PENSIONS

The Pensions Increase (Judicial Pensions) (Amendment) Regulations 1992

Made

12th March 1992

Laid before Parliament

13th March 1992

Coming into force

3rd April 1992

The Treasury, in exercise of the powers conferred by section 5(3) of the Pensions (Increase) Act 1971(1) and now vested in them(2), and all other powers enabling them in that behalf, hereby make the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Pensions Increase (Judicial Pensions) (Amendment) Regulations 1992, and shall come into force on 3rd April 1992.

2.  Regulation 7(3) of the Pensions Increase (Judicial Pensions) Regulations 1972(3) shall be amended by substituting for the words “to which this Regulation applies”, the words “payable under section 3 of the Lord Chancellor’s Act 1832(4) or under Part IIof the Judicial Pensions Act 1981(5) for a widow or children of a deceased Lord Chancellor”.

Gregory Knight

Nicholas Baker

Two of the Lords Commissioners of Her Majesty’s Treasury

12th March 1992

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Pensions Increase (Judicial Pensions) Regulation 1972 (“the 1972 Regulations”), as amended in particular by the Pensions Increase (Judicial Pensions) (Amendment) Regulations 1978, and the Pensions Increase (Judicial Pensions) (Amendment) Regulations 1991 (“the 1991 Regulations”). Regulation 7(3) of the 1972 Regulations provided, before its effect was amended by the 1991 Regulations, that, for the purposes of the Pensions (Increase) Act 1971, in calculating the increase in a pension to which the Regulation applied, it was deemed that the pension had begun on the date when the pension payable to a person resigning the office of Lord Chancellor was last increased. The 1991 Regulations amended the effect of regulation 7(3) so that it did not apply to the calculation of any increase in a pension payable to or in respect of a person who ceases to hold the office of Lord Chancellor on or after 12 April 1991, except in the case of the person who held the office of Lord Chancellor on 28 February 1991. The amendment in regulation 2 of these Regulations makes it clear that in so far as regulation 7(3) of the 1972 Regulations still applies, it applies either to a pension payable under section 3 of the Lord Chancellor’s Pension Act 1832 or to a pension payable under Part IIof the Judicial Pensions Act 1981 for a widow or children of a deceased Lord Chancellor.

(1)

1971 c. 56.

(2)

By virtue of article 2(1)(c) of the Transfer of Functions (Minister for the Civil Service and Treasury) Order 1981 (S.I.1981/1670).

(3)

S.I.1972/71, amended by S.I.1973/495, 1974/984 and 2029, 1978/1808 and 1991/786.

(4)

1832 c. 111.

(5)

1981 c. 20.