The Public Service Pensions and Judicial Offices (Commencement No. 1 and Transitional and Saving Provision) Regulations 2022

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are the first Commencement Regulations made under the Public Service Pensions and Judicial Offices Act 2022 (“the Act”). It brings into force sections 123 to 128 of, and Schedules 3 and 4 (subject to transitional and saving provisions) to, the Act.

Regulation 2(a) brings into force sections 123 to 127 of the Act which create the new sitting in retirement offices and contains further provisions as to the appointment and discipline of persons eligible to sit in these offices.

Regulation 2(b) brings into force section 128 of the Act which contains provisions to make consequential amendments.

Regulation 2(c) brings into force Schedule 3 to the Act which contains the list of judicial offices for which there is to be a corresponding sitting in retirement office.

Regulation 2(d) brings into force Schedule 4 to the Act, subject to transitional and saving provisions, which contains consequential amendments in connection with Part 3 of the Act.

Regulation 3 contains transitional and saving provisions.

Regulation 3(1) preserves the office of deputy circuit judge for persons appointed to office before 1st October 2022, and the related remuneration and retirement provisions for such persons.

Regulation 3(2) retains provisions relating to ex-judges requested under section 9(1) of the Senior Courts Act 1981 before 1st October 2022, so that they may be able to continue to sit in retirement under the terms of their pre-existing requests to act.

Regulation 3(3) retains provisions relating to deputy or temporary appointments of former holders of a relevant office appointed before 1st October 2022, so that they may be able to continue to sit in retirement under the terms of their pre-existing appointments.

Regulation 3(4) retains provisions relating to former district judges appointed to the office of deputy district judge of the High Court before 1st October 2022, so that the concurrence of the Lord Chancellor is still required for such appointments and the retirement provisions are preserved.

Regulation 3(5) retains references to the retirement provisions relating to deputy or temporary appointments of former holders of a relevant office appointed before 1st October 2022. It also retains references to the retirement provisions relating to deputy district judges of the High Court appointed before 1st October 2022.