C1PART 3RETIREMENT BENEFITSF4: Post-1995 Provisions
Pts. 1-11 restricted (10.3.2022 for specified purposes, 1.4.2022 in so far as not already in force) by Public Service Pensions and Judicial Offices Act 2022 (c. 7), ss. 90, 131(1)(2)(f)
Ill-health certification condition23
1
The ill-health certification condition is met in relation to F5P if the appropriate Minister—
a
has received a medical certificate—
i
stating that P has suffered a permanent breakdown in health that makes P incapable of discharging the duties of the judicial office or offices which P held immediately before retirement; or
ii
(where P retired due to ill-health before the commencement day F6or, as applicable, before the amendment day), stating that at the date on which P had retired, P had suffered a permanent breakdown in health that made P incapable of discharging the duties of the judicial office or offices which P held immediately before retirement;
b
is satisfied as to the matters contained in that certificate; and
c
has, where the appropriate Minister is the Lord Chancellor, consulted—
i
the Lord Chief Justice of England and Wales (if P held a judicial office in England and Wales);
ii
the Lord Chief Justice of Northern Ireland (if P held a judicial office in Northern Ireland).
2
For the purposes of this regulation P's breakdown in health is “permanent” if it is likely to continue until—
a
the day on which P reaches the age of 65; or
b
if later, the day on which, if P had not retired, P would have completed 5 years' qualifying judicial service.
3
The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005 F1) to exercise any of his or her functions under this regulation.
Words in Pt. 3 heading inserted (1.4.2023) by The Judicial Pensions (Fee-Paid Judges) (Amendment) Regulations 2023 (S.I. 2023/403), regs. 1(1), 13