Judicial Pensions and Retirement Act 1993

SCHEDULE 1 (1) A person who first holds office as the Commissioner on or after the appointed day shall be entitled, if he was a member of a judicial pension scheme immediately before he first holds that office, to elect between— (a) the scheme of pensions and other benefits under that judicial pension scheme (his “former scheme”); (b) (if different from his former scheme) the scheme of pensions and other benefits constituted by Part I of the 1993 Act (“the 1993 scheme”); and (c) the scheme of pensions and other benefits applicable under section 1 of the Superannuation Act 1972 to the civil service of the State (“the civil service scheme”); and, if he is not entitled to make an election under this paragraph, or if he is so entitled but fails to make such an election, he shall be treated as if he had been so entitled and had elected for the civil service scheme. (2) (1) If a person who held the office of Commissioner before the appointed day has made an election under the former enactments for the old judicial scheme, he shall be entitled to make an election under this sub-paragraph between— (a) the old judicial scheme; and (b) the 1993 scheme; and, if he fails to make an election under this sub-paragraph, he shall be taken to have elected for the old judicial scheme. (2) If a person who held the office of Commissioner before the appointed day— (a) has made an election under the former enactments for the civil service scheme, or (b) has failed to make an election under those enactments (so that he is taken to have elected for the civil service scheme), he shall be treated as if he had been entitled to make an election under this Schedule and had elected for the civil service scheme. (3) Where a person elects under this Schedule for his former scheme, that scheme shall, subject to regulations under this Schedule, apply as if his service as Commissioner were service which was subject, in his case, to that scheme. (4) (1) A person who elects under paragraph 1(b) or 2(1)(b) above for the 1993 scheme, shall be entitled, when he ceases to hold office as Commissioner, to a pension under Part I of the 1993 Act at the appropriate annual rate (within the meaning of that Act) if he has held that office for at least 5 years and either— (a) he has attained the age of 65; or (b) he is disabled by permanent infirmity for the performance of the duties of the office; and, subject to the following provisions of, and regulations under, this Schedule, the provisions of Part I of that Act (other than sections 1(1) to (4) and 2) and of sections 19, 20 and 23 of, and Schedule 2 to, that Act (which provide for benefits in respect of earnings in excess of pension-capped salary, appeals and transfer of accrued rights) shall apply in relation to him and his service in the office of Commissioner as they apply in relation to a person to whom Part I of that Act applies. (2) Subject to regulations under this Schedule, in the application of provisions of the 1993 Act by virtue of sub-paragraph (1) above, a person who elects for the 1993 scheme shall be treated— (a) as if the office of Commissioner were a qualifying judicial office (within the meaning of that Act) by virtue of inclusion among the offices specified in Part I of Schedule 1 to that Act; (b) as if his election under this Schedule were an election such as is mentioned in paragraph (d) of section 1(1) of that Act (so that, in particular, section 12 of that Act, which provides for the transfer of accrued rights into the scheme, applies); (c) as if his pension by virtue of this Schedule were a pension under section 2 of that Act (and, accordingly, a judicial pension, within the meaning of that Act); and (d) for the purpose of determining, in the event of his death, the rate of any surviving spouse’s or children’s pension payable under sections 5 to 8 of that Act in respect of his service as Commissioner, as if references in those sections to the annual rate of the deceased’s judicial pension were references— (i) where a pension had commenced to be paid to him by virtue of sub-paragraph (1) above, to the appropriate annual rate of that pension; or (ii) where no such pension had commenced to be paid to him, to the rate that would have been the appropriate annual rate of the pension payable to him by virtue of sub-paragraph (1)(b) above, had he not died, but been disabled by permanent infirmity for the performance of the duties of his office on and after the date of death; and, in the application of that Act to the Commissioner (whether by virtue of paragraph 1(a) or (b) or 2(1)(b) above) the references to the appropriate Minister in sections 13 (election for personal pension), 19 (benefits in respect of earnings in excess of pension-capped salary) and 20 (appeals) of, and Schedule 2 (transfer of accrued rights) to, that Act shall be taken as references to the Treasury and the power conferred by paragraph 2 of that Schedule to make regulations shall be exercisable by the Treasury. (5) Where a person elects under this Schedule for the civil service scheme, the principal civil service pension scheme within the meaning of section 2 of the Superannuation Act 1972 and for the time being in force shall, subject to regulations under this Schedule, apply as if his service as Commissioner were service in employment in the civil service of the State. (6) Where a person elects under this Schedule for the old judicial scheme, that scheme and the former enactments shall, subject to regulations under this Schedule, continue to have effect in relation to him and his service in the office of Commissioner. (7) Any power to make an election under this Schedule shall be exercisable within such time and in such manner as may be prescribed in regulations under this Schedule. (8) (1) The Treasury may make regulations for purposes supplementary to the other provisions of this Schedule. (2) Any such regulations may, without prejudice to section 38 or 39A of the Superannuation Act 1965 (employment in more than one public office), make special provision with respect to the pensions and other benefits payable to or in respect of a person to whom— (a) his former scheme, (b) the 1993 scheme, (c) the civil service scheme, or (d) the old judicial scheme, applies, or has applied, in respect of any service other than service as Commissioner. (3) The provision that may be made by virtue of sub-paragraph (2) above includes provision— (a) for aggregating— (i) other service falling within his former scheme, the 1993 scheme or the old judicial scheme with service as Commissioner, or (ii) service as Commissioner with such other service, for the purpose of determining qualification for, or entitlement to, or the amount of, benefit under the scheme in question; (b) for increasing the amount of the benefit payable under any of the schemes mentioned in paragraph (a)(i) above, in the case of a person to whom that scheme applied in respect of an office held by him before appointment as Commissioner, up to the amount that would have been payable under that scheme if he had retired from that office on the ground of permanent infirmity immediately before his appointment. (4) Any statutory instrument made by virtue of this Schedule shall be subject to annulment in pursuance of a resolution of the House of Commons. (9) Any pension or other benefit granted by virtue of this Schedule shall be charged on, and issued out of, the Consolidated Fund. (10) In this Schedule— - “the 1981 Act” means the Judicial Pensions Act 1981; - “the 1993 Act” means the Judicial Pensions and Retirement Act 1993; - “the appointed day” means the day on which Part II of Schedule 4 to the 1993 Act comes into force; - “the former enactments” means Schedule 1 to this Act, as it had effect from time to time before the appointed day; - “judicial pension scheme” means any public service pension scheme, as defined in— 1. section 66(1) of the Social Security Pensions Act 1975, or 2. Article 2(2) of the Social Security Pensions (Northern Ireland) Order 1975, - “the old judicial scheme” means the statutory scheme of pensions and other benefits applicable under or by virtue of the 1981 Act to the judicial offices listed in section 1 of that Act.

Part III — The Health Service Commissioners

The Health Service Commissioners for England and for Wales

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• (1) Section 107 of the National Health Service Act 1977 (which makes provision with respect to the salaries and pensions of the Health Service Commissioners for England and for Wales) shall be amended in accordance with the following provisions of this paragraph.

• (2) In subsection (2) (which applies Schedule 1 to the Parliamentary Commissioner Act 1967 in relation to persons who have held office as a Health Service Commissioner) for the words “who have held office”, in both places where they occur, there shall be substituted the words “ who hold, or have held, office ”.

• (3) In subsection (6) (persons not to make simultaneously different elections in pursuance of paragraph 1 of that Schedule in respect of different offices)—

• (a) in paragraph (a), after the words “paragraph 1” there shall be inserted the words “ or 2 ”; and

• (b) in paragraph (b), for the words “that paragraph” there shall be substituted the words “ either of those paragraphs ”.

• (4) In subsection (7) (which, among other things, provides for different regulations to be made under paragraph 4 of that Schedule in relation to different offices) for the words “paragraph 4” there shall be substituted the words “ paragraph 8 ”.

• (5) The amendments made by sub-paragraphs (2) to (4) above have effect only in relation to Schedule 1 to the Parliamentary Commissioner Act 1967, as substituted by Part II above; and accordingly in any case where—

• (a) a person makes an election under paragraph 2(1)(a) of that Schedule for the old judicial scheme there mentioned, and

• (b) the former enactments mentioned in paragraph 6 of that Schedule continue to apply by virtue of that paragraph,

the amendments made by sub-paragraphs (3) and (4) above shall be disregarded in the continuing application of section 107 of the National Health Service Act 1977 in relation to those former enactments as they continue to have effect in relation to that person and that scheme.

The Health Service Commissioner for Scotland

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• (1) Section 91 of the National Health Service (Scotland) Act 1978 (which makes provision with respect to the salary and pension of the Health Service Commissioner for Scotland) shall be amended in accordance with the following provisions of this paragraph.

• (2) In subsection (2) (which applies Schedule 1 to the Parliamentary Commissioner Act 1967 in relation to persons who have held office as the Health Service Commissioner) for the words “who have held office”, in both places where they occur, there shall be substituted the words “ who hold, or have held, office ”.

• (3) In subsection (6) (persons not to make simultaneously different elections in pursuance of paragraph 1 of that Schedule in respect of different offices)—

• (a) in paragraph (a), after the words “paragraph 1” there shall be inserted the words “ or 2 ”; and

• (b) in paragraph (b), for the words “that paragraph” there shall be substituted the words “ either of those paragraphs ”.

• (4) In subsection (7) (which, among other things, provides for different regulations to be made under paragraph 4 of that Schedule in relation to different offices) for the words “paragraph 4” there shall be substituted the words “ paragraph 8 ”.

• (5) The amendments made by sub-paragraphs (2) to (4) above have effect only in relation to Schedule 1 to the Parliamentary Commissioner Act 1967, as substituted by Part II above; and accordingly in any case where—

• (a) a person makes an election under paragraph 2(1)(a) of that Schedule for the old judicial scheme there mentioned, and

• (b) the former enactments mentioned in paragraph 6 of that Schedule continue to apply by virtue of that paragraph,

the amendments made by sub-paragraphs (3) and (4) above shall be disregarded in the continuing application of section 91 of the National Health Service (Scotland) Act 1978 in relation to those former enactments as they continue to have effect in relation to that person and that scheme.

Part IV — The Comptroller and Auditor General for Northern Ireland

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• (1) The Audit (Northern Ireland) Order 1987 shall be amended in accordance with the following provisions of this paragraph.

• (2) In Article 2(2) (interpretation), in the definition of “the appointed day” after the word “means” there shall be inserted the words “ (except in Article 4A) ”.

• (3) In paragraph (4) of Article 4 (pension of the Comptroller and Auditor General), after the words “Northern Ireland” (where they occur for the second time) there shall be inserted the words “ unless he elects under Article 4A for it to be treated otherwise ”.

• (4) After that Article there shall be inserted the following Article—

(4A) (1) This Article applies to a person— (a) who first holds office on or after the appointed day as the Comptroller and Auditor General; and (b) who, immediately before he first holds that office, is a member of a judicial pension scheme. (2) A person to whom this Article applies shall be entitled to elect between— (a) the scheme of pensions and other benefits under the judicial pension scheme mentioned in paragraph (1)(b) (his “former scheme”); (b) (if different from his former scheme) the scheme of pensions and other benefits constituted by Part I of the 1993 Act (“the 1993 scheme”); and (c) the scheme of pensions and other benefits applicable under the Superannuation (Northern Ireland) Order 1972 to the civil service of Northern Ireland (“the civil service scheme”); and, if he fails to make an election under this paragraph, he shall be treated as if he had elected for the civil service scheme. (3) Where a person elects under this Article for his former scheme, that scheme shall, subject to regulations under this Article, apply as if his service as Comptroller and Auditor General were service which was subject, in his case, to that scheme. (4) A person who elects under paragraph (2)(b) for the 1993 scheme, shall be entitled, when he ceases to hold office as Comptroller and Auditor General, to a pension under Part I of the 1993 Act at the appropriate annual rate (within the meaning of that Act) if he has held that office for at least 5 years and either— (a) he has attained the age of 65; or (b) he is disabled by permanent infirmity for the performance of the duties of the office; and, subject to the following provisions of, and regulations under, this Article, the provisions of Part I of that Act (other than sections 1(1) to (4) and 2) and of sections 19, 20 and 23 of, and Schedule 2 to, that Act (which provide for benefits in respect of earnings in excess of pension-capped salary, appeals and transfer of accrued rights) shall apply in relation to him and his service in the office of Comptroller and Auditor General as they apply in relation to a person to whom Part I of that Act applies. (5) Subject to regulations under this Article, in the application of provisions of the 1993 Act by virtue of paragraph (4), a person who elects for the 1993 scheme shall be treated— (a) as if the office of the Comptroller and Auditor General were a qualifying judicial office (within the meaning of that Act) by virtue of inclusion among the offices specified in Part I of Schedule 1 to that Act; (b) as if his election under this Article were an election such as is mentioned in paragraph (d) of section 1(1) of that Act (so that, in particular, section 12 of that Act, which provides for the transfer of accrued rights into the scheme, applies); (c) as if his pension by virtue of this Article were a pension under section 2 of that Act (and, accordingly, a judicial pension, within the meaning of that Act); and (d) for the purpose of determining, in the event of his death, the rate of any surviving spouse’s or children’s pension payable under sections 5 to 8 of that Act in respect of his service as Comptroller and Auditor General, as if references in those sections to the annual rate of the deceased’s judicial pension were references— (i) where a pension had commenced to be paid to him by virtue of paragraph (4), to the appropriate annual rate of that pension; or (ii) where no such pension had commenced to be paid to him, to the rate that would have been the appropriate annual rate of the pension payable to him by virtue of paragraph (4)(b), had he not died, but been disabled by permanent infirmity for the performance of the duties of his office on and after the date of death; and, in the application of that Act to the Comptroller and Auditor General (whether by virtue of paragraph (2)(a) or (b)) the references to the appropriate Minister in sections 13 (election for personal pension), 19 (benefits in respect of earnings in excess of pension-capped salary) and 20 (appeals) of, and Schedule 2 (transfer of accrued rights) to, that Act shall be taken as references to the Treasury and the power conferred by paragraph 2 of that Schedule to make regulations shall be exercisable by the Treasury. (6) Where a person elects under this Article for the civil service scheme, Article 4(4) shall apply in relation to his service as Comptroller and Auditor General. (7) Any power to make an election under this Article shall be exercisable within such time and in such manner as may be prescribed in regulations under this Article. (8) The Treasury may make regulations for purposes supplementary to the other provisions of this Article. (9) Any such regulations may, without prejudice to section 38 of the Superannuation Act (Northern Ireland) 1967 or section 39A of the Superannuation Act 1965 (employment in more than one public office), make special provision with respect to the pensions and other benefits payable to or in respect of a person to whom— (a) his former scheme, (b) the 1993 scheme, or (c) the civil service scheme, applies, or has applied, in respect of any service other than service as Comptroller and Auditor General. (10) The provision that may be made by virtue of paragraph (9) includes provision— (a) for aggregating— (i) other service falling within his former scheme or the 1993 scheme with service as Comptroller and Auditor General, or (ii) service as Comptroller and Auditor General with such other service, for the purpose of determining qualification for, or entitlement to, or the amount of, benefit under the scheme in question; (b) for increasing the amount of the benefit payable under either of the schemes mentioned in sub-paragraph (a)(i), in the case of a person to whom that scheme applied in respect of an office held by him before appointment as Comptroller and Auditor General, up to the amount that would have been payable under that scheme if he had retired from that office on the ground of permanent infirmity immediately before his appointment. (11) Regulations made under this Article shall be subject to annulment in like manner as a statutory instrument and section 5 of the Statutory Instruments Act 1946 shall apply accordingly. (12) Any pension or other benefit granted by virtue of this Article (except a pension or other benefit under the civil service scheme) shall be charged on, and issued out of, the Consolidated Fund of the United Kingdom. (13) In this Article— - “the 1993 Act” means the Judicial Pensions and Retirement Act 1993; - “the appointed day” means the day on which Part IV of Schedule 4 to the 1993 Act comes into force; - “judicial pension scheme” means any public service pension scheme, as defined in— 1. section 66(1) of the Social Security Pensions Act 1975, or 2. Article 2(2) of the Social Security Pensions (Northern Ireland) Order 1975,

Part V — The Northern Ireland Parliamentary Commissioner for Administration and the Northern Ireland Commissioner for Complaints

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SCHEDULE 5

SCHEDULE 6

The Judicial Committee of the Privy Council

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Lords of Appeal

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Lords of Appeal in Ordinary and senior judges in Scotland and Northern Ireland

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In subsection (1) of section 2 of the Judicial Pensions Act 1959 (which provides that any Lord of Appeal in Ordinary, Lord Justice General, Lord Justice Clerk, Senator of the College of Justice in Scotland, Lord Chief Justice of Northern Ireland, Lord Justice of Appeal in Northern Ireland or Judge of the High Court of Justice in Northern Ireland is to vacate his office on the day on which he attains the age of 75) for the words “seventy-five” there shall be substituted the word “ seventy ”.

Judges of the Supreme Court

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In subsection (2) of section 11 of the Supreme Court Act 1981 (which provides that any judge of the Supreme Court, other than the Lord Chancellor, is to vacate his office no later than the day on which he attains the age of 75) for the words “seventy-five” there shall be substituted the word “ seventy ”.

Acting and deputy judges

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• (1) In section 9 of the Supreme Court Act 1981, after subsection (1) (persons who may act as judges) there shall be inserted—

(1A) A person shall not act as a judge by virtue of subsection (1) after the day on which he attains the age of 75.

• (2) After subsection (4) of that section (appointment of deputy High Court judges) there shall be inserted—

(4A) No appointment of a person as a deputy judge of the High Court shall be such as to extend beyond the day on which he attains the age of 70, but this subsection is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (Lord Chancellor’s power to authorise continuance in office up to the age of 75).

• (3) In subsection (6)(b) of that section (which refers to subsection (7) of that section, relating to the completion of proceedings after retirement), for the words “subject to subsection (7)” there shall be substituted the words “ subject to section 27 of the Judicial Pensions and Retirement Act 1993 ”.

Temporary Judges of the Court of Session

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Acting judges of the High Court or Court of Appeal in Northern Ireland

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In section 7 of the Judicature (Northern Ireland) Act 1978, in subsection (1) (which provides that certain judges and former judges may, at the request of the Lord Chancellor, sit as judges of the High Court or Court of Appeal in Northern Ireland)—

• (a) the words “at any time” shall be omitted; and

• (b) at the end, there shall be added the words “ at any time on or before the day on which he attains the age of seventy-five. ”

Circuit judges

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• (1) Section 17 of the Courts Act 1971 (retirement of Circuit judges) shall be amended in accordance with the following provisions of this paragraph.

• (2) For subsection (1) (which requires a Circuit judge to vacate his office at the end of the completed year of service in which he attains the age of 72, subject to the possibility of extended appointment) there shall be substituted—

(1) Subject to subsection (4) below and to subsections (4) to (6) of section 26 of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of 75), a Circuit judge shall vacate his office on the day on which he attains the age of 70.

• (3) Subsection (2) (which contains power to continue a Circuit judge’s appointment up to the age of 75 and which is superseded by section 26(4) to (6) of this Act) shall cease to have effect.

• (4) Subsection (3) (day on which certain persons are to be regarded as completing a year of service) shall cease to have effect.

Recorders, deputy Circuit judges and assistant Recorders

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• (1) In section 21 of the Courts Act 1971, in subsection (5) (Recorder not to hold office after the end of the completed year of service in which he attains the age of 72) for the words from “the end of” onwards there shall be substituted the words “ the day on which he attains the age of seventy, but this subsection is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (Lord Chancellor’s power to authorise continuance in office up to the age of 75). ”

• (2) In section 24 of that Act (deputy Circuit judges and assistant Recorders), after subsection (1) there shall be inserted—

(1A) No appointment of a person under subsection (1) above shall be such as to extend— (a) in the case of appointment as a deputy Circuit judge, beyond the day on which he attains the age of seventy-five; or (b) in the case of appointment as an assistant Recorder, beyond the day on which he attains the age of seventy; but paragraph (b) above is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (Lord Chancellor’s power to authorise continuance in office up to the age of 75).

Sheriffs

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Temporary sheriffs

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County Court Judge in Northern Ireland

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In section 105 of the County Courts Act (Northern Ireland) 1959, for subsection (4) (which requires every judge to vacate his office at the end of the completed year of service in which he attains the age of 72, but subject to a proviso for judges who would not have completed 15 years’ service) there shall be substituted—

(4) Every judge shall vacate his office on the day on which he attains the age of seventy years; but this subsection is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (Lord Chancellor’s power to authorise continuance in office up to the age of 75).

Deputy judge of a county court in Northern Ireland

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In section 107 of the County Courts Act (Northern Ireland) 1959, for subsection (4) (which provides that, except in the case of a former judge, a deputy judge shall not hold office after the end of the completed year of service in which he attains the age of 72) there shall be substituted—

(4) Neither the initial term for which a deputy judge is appointed nor any extension of that term under subsection (3) shall be such as to continue his appointment as a deputy judge after the day on which he attains the age of seventy; but this subsection is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (Lord Chancellor’s power to authorise continuance in office up to the age of 75).

Officers of the Supreme Court

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• (1) Section 92 of the Supreme Court Act 1981 (tenure of office of certain officers of the Supreme Court) shall be amended in accordance with the following provisions of this paragraph.

• (2) In subsection (1) (certain Masters, Registrars and other officers of the Supreme Court to vacate office at the end of the completed year of service in which they attain the age of 72)—

• (a) after the words “Subject to the following provisions of this section” there shall be inserted the words “ and to subsections (4) to (6) of section 26 of the Judicial Pensions and Retirement Act 1993 (Lord Chancellor’s power to authorise continuance in office up to the age of 75) ”; and

• (b) for the words from “at the end” onwards there shall be substituted the words “ on the day on which he attains the age of seventy years. ”

• (3) In subsection (2B) (offices to which subsection (2A) applies) the words “and the office of Queen’s Coroner and Attorney and Master of the Crown Office and Registrar of Criminal Appeals” shall be omitted.

• (4) Subsection (2C) (which makes provision for determining the day on which persons who successively hold offices falling within column 1 of Part I or II of Schedule 2 to that Act are to be regarded as completing a year of service, and which is of no further utility) shall cease to have effect.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) Subsection (3) (which contains power to continue a person’s appointment to an office to which subsection (1) applies up to the age of 75 and which is superseded by section 26(4) to (6) of this Act) shall cease to have effect.

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Deputy and temporary officers of the Supreme Court

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Deputy district judges of district registries of the High Court

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In section 102 of the Supreme Court Act 1981, at the end of subsection (3) (which permits certain appointments as a deputy district judge of a district registry of the High Court to be made, notwithstanding that the person would be disqualified by age from holding the office in question) there shall be added the words “ ; but no appointment by virtue of this subsection shall be such as to extend beyond the day on which the person in question attains the age of seventy-five years. ”

District judges and deputy district judges of county courts

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• (1) In section 8 of the County Courts Act 1984 (deputy district judges) after subsection (1) there shall be inserted—

(1A) Any appointment of a person as a deputy district judge— (a) if he has previously held office as a district judge, shall not be such as to extend beyond the day on which he attains the age of 75 years; and (b) in any other case, shall not be such as to extend beyond the day on which he attains the age of 70 years, but subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of 75).

• (2) Section 11 of that Act (tenure of office of district judge etc) shall be amended in accordance with the following provisions of this paragraph.

• (3) For subsections (1) and (2) (which provide for a person to whom subsection (1) applies to vacate his office at the end of the completed year of service in which he attains the age of 72) there shall be substituted—

(1) This subsection applies to the office of district judge. (2) Subject to the following provisions of this section and to subsections (4) to (6) of section 26 of the Judicial Pensions and Retirement Act 1993 (Lord Chancellor’s power to authorise continuance in office up to the age of 75), a person who holds an office to which subsection (1) applies shall vacate his office on the day on which he attains the age of 70 years.

• (4) Subsection (3) (which confers power to continue district judges etc in office up to the age of 75 and which is superseded by section 26(4) to (6) of this Act) shall cease to have effect.

Statutory officers in Northern Ireland

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In section 71 of the Judicature (Northern Ireland) Act 1978, for subsection (3) (which provides that a statutory officer, within the meaning of that Act, is to retire at the end of the completed year of service in which he attains the age of 72, but subject to the substitution of a lower age, under subsection (4)) there shall be substituted—

(3) Subject to subsection (4) below and to subsections (4) to (6) of section 26 of the Judicial Pensions and Retirement Act 1993 (Lord Chancellor’s power to authorise continuance in office beyond the age of 70, up to the age of 75), a statutory officer shall retire on the day on which he attains the age of 70 years.

Stipendiary magistrates in England and Wales

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Resident Magistrates in Northern Ireland

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For section 1 of the Resident Magistrates’ Pensions Act (Northern Ireland) 1960 (Resident Magistrate to vacate office at the end of the completed year of service in which he attains the age of 70, but with power to continue in office up to the age of 72) there shall be substituted—

(1) Every resident magistrate (whether appointed before or after the passing of this Act) shall vacate his office on the day on which he attains the age of seventy; but this section is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (Lord Chancellor’s power to authorise continuance in office up to the age of 75).

Social security: Commissioners, and the President and chairmen of appeal tribunals

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Social security: Commissioners, and the President and chairmen of appeal tribunals in Northern Ireland

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• (1) Paragraph 1 of Schedule 2 to the Social Security Administration (Northern Ireland) Act 1992 (tenure of office as Commissioner, President or full-time chairman) shall be amended in accordance with the following provisions of this paragraph.

• (2) In sub-paragraph (2) (which requires such a person to vacate office at the end of the completed year of service in which he attains the age of 72) for the words from “at the end of” onwards there shall be substituted the words “ on the day on which they attain the age of 70, but subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of 75). ”

• (3) Sub-paragraph (3) (which contains power to continue such a person’s appointment up to the age of 75 and which is superseded by section 26(4) to (6) of this Act) shall cease to have effect.

• (4) In sub-paragraph (6) (sub-paragraph (2) or (3) not to apply in relation to deputy Commissioners) the words “or (3)” shall be omitted.

Child support: Commissioners and chairmen of appeal tribunals

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• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) In Schedule 4 to that Act (Child Support Commissioners), in paragraph 1—

• (a) in sub-paragraph (1) (Child Support Commissioner to retire at the end of the completed year of service in which he reaches the age of 72) for the words from “at the end” to the end of that sub-paragraph there shall be substituted the words “ on the date on which he reaches the age of 70; but this sub-paragraph is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of 75) ”; and

• (b) sub-paragraph (2) (which contains power to continue a Commissioner’s appointment up to the age of 75 and which is superseded by section 26(4) to (6) of this Act) shall cease to have effect.

• (3) In paragraph 4 of that Schedule (deputy Child Support Commissioners) at the beginning of paragraph (b) of sub-paragraph (2) there shall be inserted the words “ Subject to sub-paragraph (2A) ”, and after that sub-paragraph there shall be inserted—

(2A) No appointment of a person to be a deputy Child Support Commissioner shall be such as to extend beyond the date on which he reaches the age of 70; but this sub-paragraph is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of 75).

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chairmen of child support appeal tribunals in Northern Ireland

24

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chairman of the Foreign Compensation Commission

25

In section 1 of the Foreign Compensation Act 1950 (constitution of the Foreign Compensation Commission), at the beginning of subsection (3) there shall be inserted the words “ Subject, in the case of the chairman, to subsection (3A) of this section, ” and after that subsection there shall be inserted—

(3A) The chairman of the Commission shall vacate his office on the day on which he attains the age of seventy years; but this subsection is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of seventy-five years).

Commons Commissioners

26

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

President and chairmen of employment tribunals

27

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

President, Vice-President and chairmen of industrial tribunals and of the Fair Employment Tribunal

28

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

President of the Industrial Court in Northern Ireland

29

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Members of the Employment Appeal Tribunal

30

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Lands Tribunal and the Lands Tribunal for Scotland

31

In section 2 of the Lands Tribunal Act 1949, after subsection (5) (terms of appointment to membership of the Tribunal) there shall be inserted—

(5A) No person shall be appointed a member of the Tribunal for a term which extends beyond the day on which he attains the age of seventy, except in accordance with section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of 75).

The Lands Tribunal for Northern Ireland

32

In section 2 of the Lands Tribunal and Compensation Act (Northern Ireland) 1964, for paragraph (b) of subsection (2) (which requires a member to vacate his office at the end of the completed year of service in the course of which he attains the age of 72) there shall be substituted—

(b) shall vacate his office on the day on which he attains the age of seventy years, but subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (Lord Chancellor’s power to authorise continuance in office up to the age of 75); and

.

Judge Advocate of Her Majesty’s Fleet

33

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Judge Advocate General and related offices

34

In subsection (2) of section 32 of that Act (which makes similar provision for the Judge Advocate General and also provides for certain other judicial officers to vacate office at the end of the completed year of service in which they attain the age of 65, but with a proviso for continuance in office up to the age of 70)—

• (a) after the words “The Judge Advocate General shall” there shall be inserted the words “ , subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of 75), ”;

• (b) for the words “at the end of the completed year of service in the course of which”, in both places where they occur, there shall be substituted the words “ on the day on which ”; and

• (c) the proviso (which in relation to the Judge Advocate General is superseded by section 26(4) to (6) of this Act) shall cease to have effect.

Value added tax tribunals

35

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Special, and deputy Special, Commissioners for Income Tax

36

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

President or other member of the Immigration Appeal Tribunal

37

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Immigration adjudicators

38

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Pensions Appeal Tribunals

39

In the Schedule to the Pensions Appeal Tribunals Act 1943, for paragraph 2 (appointment, remuneration and removal of members) there shall be substituted—

(2) (1) The members of the Tribunals shall be appointed by the Lord Chancellor. (2) There shall be paid to them such remuneration as the Treasury may determine. (3) The Lord Chancellor may, if he thinks fit, remove any member of such a Tribunal. (4) Subject to sub-paragraph (3) above and to subsections (4) to (6) of section 26 of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of 75), a member of such a Tribunal shall vacate his office on the day on which he attains the age of seventy years.

Mental Health Review Tribunals

40

In Schedule 2 to the Mental Health Act 1983 (which makes provision with respect to Mental Health Review Tribunals), at the beginning of paragraph 2 there shall be inserted the words “ Subject to paragraph 2A below, ” and after that paragraph there shall be inserted—

(2A) A member of a Mental Health Review Tribunal shall vacate office on the day on which he attains the age of 70 years; but this paragraph is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of 75 years).

The Financial Services Tribunal

41

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Tribunals and advisory bodies under the Misuse of Drugs Act 1971

42

• (1) Schedule 3 to the Misuse of Drugs Act 1971 (which includes provision in relation to tribunals and advisory bodies established for the purposes of sections 14 and 15 of that Act) shall be amended in accordance with this paragraph.

• (2) In paragraph 1 (membership of tribunals) after sub-paragraph (2) there shall be inserted—

(2A) The chairman of a tribunal shall vacate his office on the day on which he attains the age of seventy years; but this sub-paragraph is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of seventy-five years).

• (3) In paragraph 13 (membership of advisory bodies) after sub-paragraph (1) there shall be inserted—

(1A) The chairman of an advisory body shall vacate his office on the day on which he attains the age of seventy years; but this sub-paragraph is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of seventy-five years).

Restrictive Practices Court

43

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Tribunals constituted under section 706 of the Income and Corporation Taxes Act 1988

44

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Arbitrator appointed under the Agricultural Holdings Act 1986

45

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Agricultural Land Tribunals

46

• (1) Schedule 9 to the Agriculture Act 1947 (constitution etc of Agricultural Land Tribunals) shall be amended in accordance with this paragraph.

• (2) In paragraph 13 (which relates to the chairmen of such Tribunals), in sub-paragraph (2)—

• (a) at the beginning there shall be inserted the words “ Subject to sub-paragraph (2A) of this paragraph, ”; and

• (b) for the words “three years” there shall be substituted “ such period as may be specified in the terms of his appointment ”.

• (3) After that sub-paragraph there shall be inserted—

(2A) No appointment of a person to be the chairman shall be such as to extend beyond the day on which he attains the age of seventy years; but this sub-paragraph is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of seventy-five years).

• (4) Paragraph 14 (which provides for there to be a panel of deputy-chairmen for each such Tribunal) shall be numbered as sub-paragraph (1) of that paragraph, and at the end of that paragraph there shall be added—

(2) A member of the panel of deputy-chairmen shall vacate his office on the day on which he attains the age of seventy years; but this sub-paragraph is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of seventy-five years).

• (5) In paragraph 15 (which provides for there to be panels of persons representing farmers’ and landowners’ interests), after sub-paragraph (1) there shall be inserted—

(1A) A member of either of the panels drawn up under sub-paragraph (1) of this paragraph shall vacate his office on the day on which he attains the age of seventy years; but this sub-paragraph is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of seventy-five years).

The Aircraft and Shipbuilding Industries Arbitration Tribunal

47

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chairman of a tribunal established by section 29 of the Betting, Gaming and Lotteries Act 1963

48

In section 29 of the Betting, Gaming and Lotteries Act 1963 (appointment of a tribunal to hear appeals concerning bookmakers’ levy) at the end of subsection (2) there shall be added the words “ , but subject, in the case of the chairman, to subsection (2A) of this section ”, and after that subsection there shall be inserted—

(2A) The chairman of any such tribunal shall vacate his office on the day on which he attains the age of seventy years; but this subsection is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of seventy-five years).

The Copyright Tribunal

49

In section 146 of the Copyright, Designs and Patents Act 1988 (membership of the Copyright Tribunal) after subsection (3) there shall be inserted—

(3A) A person who is the chairman or a deputy chairman of the Tribunal shall vacate his office on the day on which he attains the age of 70 years; but this subsection is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of 75 years).

The Data Protection Tribunal

50

In Schedule 2 to the Data Protection Act 1984, in paragraph 8 (tenure of office of members of the Data Protection Tribunal), at the beginning of sub-paragraph (1) there shall be inserted the words “ Subject to the following provisions of this paragraph, ” and at the end of that paragraph there shall be added—

(3) A person who is the chairman or a deputy chairman of the Tribunal shall vacate his office on the day on which he attains the age of seventy years; but this sub-paragraph is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of seventy-five years).

Independent Schools Tribunals

51

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

President of a tribunal constituted under Schedule 3 to the Industry Act 1975

52

• (1) In Schedule 3 to the Industry Act 1975, paragraph 6 (terms of appointment of members of a tribunal established to arbitrate in a dispute arising under that Act) shall be numbered as sub-paragraph (1) of that paragraph.

• (2) At the beginning of that sub-paragraph there shall be inserted the words “ Subject, in the case of the president of a tribunal, to sub-paragraph (2) below ”, and after that sub-paragraph there shall be added—

(2) No appointment of a person to be the president of a tribunal shall be such as to extend beyond the day on which he attains the age of 70 years; but this paragraph is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of 75 years).

Tribunal constituted under Schedule 9 to the National Health Service Act 1977

53

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chairman of the Plant Varieties and Seeds Tribunal

54

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chairman of a Registered Homes Tribunal

55

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rent Assessment Committees

56

In Schedule 10 to the Rent Act 1977, after paragraph 2 (appointment by Lord Chancellor or Secretary of State of persons to constitute the panels from which the members of rent assessment committees are selected) there shall be inserted—

(2A) No appointment of a person to any panel by the Lord Chancellor shall be such as to extend beyond the day on which the person attains the age of seventy years; but this sub-paragraph is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (Lord Chancellor’s power to authorise continuance in office up to the age of seventy-five years).

The Transport Tribunal

57

• (1) Paragraph 3 of Schedule 4 to the Transport Act 1985 (tenure of office of judicial members) shall be amended in accordance with the following provisions of this paragraph.

• (2) In sub-paragraph (1) (judicial member to hold office until the end of the completed year of service in which he attains the age of 72 and then retire)—

• (a) after the words “Subject to the following provisions of this paragraph” there shall be inserted the words “ and to subsections (4) to (6) of section 26 of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of seventy-five) ”; and

• (b) for the words “the end of the completed year of service in which he attains the age of seventy-two” there shall be substituted the words “ the day on which he attains the age of seventy ”.

• (3) Sub-paragraph (2) (which contains power to continue the member’s appointment up to the age of 75 and which is superseded by section 26(4) to (6) of this Act) shall cease to have effect.

Tribunal established under section 9 of the Wireless Telegraphy Act 1949

58

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Wreck commissioner

59

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chairman of a Reinstatement Committee

60

In Schedule 2 to the Reserve Forces (Safeguard of Employment) Act 1985, paragraph 2 (composition of Reinstatement Committees) shall be numbered as sub-paragraph (1) of that paragraph and at the end of that paragraph there shall be added—

(2) A member of the panel of persons referred to in sub-paragraph (1)(a) shall vacate his office on the day on which he attains the age of seventy years; but this sub-paragraph is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of seventy-five years).

Tribunals constituted for the purposes of section 150(4) of the Mines and Quarries Act 1954

61

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Courts of inquiry under section 52 of the Merchant Shipping Act 1970

62

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chairman of a vaccine damage tribunal in Northern Ireland

63

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chairman of a tribunal constituted under section 47 of the Building Societies Act 1986

64

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chairman of a tribunal constituted under section 28 of the Banking Act 1987

65

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Arbitrators appointed under Schedule 10 to the Electricity Act 1989

66

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chairman of a tribunal constituted under Schedule 3 to the Education (Schools) Act 1992

67

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chairman of a tribunal constituted under section 59 of the Friendly Societies Act 1992

68

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 7

Interpretation

1

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) For the purposes of this Schedule, a person’s office—

• (a) is “salaried” if and so long as his service in the office is remunerated by payment of a salary; and

• (b) is “fee-paid” if and so long as his service in the office is remunerated by the payment of fees;

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Salaried offices

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Fee-paid offices

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Persons holding a relevant office by virtue of a continuation power

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Ascertainment of potential retirement date

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 8

The Courts-Martial (Appeals) Act 1951

1

Section 35 of the Courts-Martial (Appeals) Act 1951 (pension arrangements for Vice Judge Advocate General, Assistant Judge Advocates General and Deputy Judge Advocates) shall be numbered as subsection (1) of that section and at the end of that section there shall be added—

(2) The foregoing subsection shall not have effect in relation to a person to whom Part I of the Judicial Pensions and Retirement Act 1993 applies, except to the extent provided by or under that Act.

The County Courts Act (Northern Ireland) 1959

2

At the end of section 116 of the County Courts Act (Northern Ireland) 1959 (pensions of county court judges in Northern Ireland) there shall be added—

(7) This Part shall not have effect in relation to a person to whom Part I of the Judicial Pensions and Retirement Act 1993 applies, except to the extent provided by or under that Act.

The Resident Magistrates’ Pensions Act (Northern Ireland) 1960

3

In section 2 of the Resident Magistrates’ Pensions Act (Northern Ireland) 1960 (pensions of resident magistrates in Northern Ireland) after subsection (1) there shall be inserted—

(1A) This Act shall not have effect in relation to a person to whom Part I of the Judicial Pensions and Retirement Act 1993 applies, except to the extent provided by or under that Act.

The Foreign Compensation Act 1962

4

In section 3 of the Foreign Compensation Act 1962, after subsection (1) (which makes provision for the pensions or other benefits payable to or in respect of members of the Foreign Compensation Commission) there shall be inserted—

(1A) Subsection (1) above shall not have effect in relation to a chairman or former chairman of the Commission who is a person to whom Part I of the Judicial Pensions and Retirement Act 1993 applies, except to the extent provided by or under that Act.

The Lands Tribunal and Compensation Act (Northern Ireland) 1964

5

In section 2 of the Lands Tribunal and Compensation Act (Northern Ireland) 1964 (pensions of members of the Lands Tribunal for Northern Ireland) after subsection (5) there shall be inserted—

(5A) Subsection (5), so far as relating to allowances and gratuities by way of superannuation, shall not have effect in relation to persons to whom Part I of the Judicial Pensions and Retirement Act 1993 applies, except to the extent provided by or under that Act.

The Superannuation Act 1965

6

In section 39A of the Superannuation Act 1965 (superannuation benefits in respect of persons who have been employed in two or more judicial offices) in subsection (6), in the definition of “judicial office”, after the word “means” there shall be inserted—

(a) any qualifying judicial office, within the meaning of the Judicial Pensions and Retirement Act 1993, and (b)

.

The Superannuation (Miscellaneous Provisions) Act (Northern Ireland) 1969

7

In section 2 of the Superannuation (Miscellaneous Provisions) Act (Northern Ireland) 1969 (pensions for president of the industrial court, president and vice-president of the industrial tribunals and the Fair Employment Tribunal, etc in Northern Ireland) after subsection (1) there shall be inserted—

(1A) Subsection (1) shall not apply in relation to a person to whom Part I of the Judicial Pensions and Retirement Act 1993 applies, except to the extent provided by or under that Act.

The Taxes Management Act 1970

8

In section 4 of the Taxes Management Act 1970, after subsection (6) (pensions, allowances and gratuities payable to or in respect of Special Commissioners) there shall be inserted—

(6A) Subsection (6) above, so far as relating to pensions (including allowances and gratuities), shall not have effect in relation to a person to whom Part I of the Judicial Pensions and Retirement Act 1993 applies, except to the extent provided by or under that Act.

The Immigration Act 1971

9

In Schedule 5 to the Immigration Act 1971, paragraphs 3 and 9 (which, among other things, make provision for the pensions, allowances and gratuities etc payable to or in respect of immigration adjudicators and members of the Immigration Appeal Tribunal) shall each be numbered as sub-paragraph (1) and at the end of each of those paragraphs there shall be added—

(2) Sub-paragraph (1)(b) above shall not have effect in relation to a person to whom Part I of the Judicial Pensions and Retirement Act 1993 applies, except to the extent provided by or under that Act.

The Administration of Justice Act 1973

10

• (1) Section 10 of the Administration of Justice Act 1973 (which, as it has effect by virtue of subsection (8) thereof, provides for certain widow’s and children’s pensions in Northern Ireland to be increased) shall be amended as follows—

• (a) in subsections (1), (2)(a) and (3), after the words “or widow’s” in each place there shall be inserted the words “ or widower’s ”;

• (b) in subsection (2)—

• (i) in paragraph (b), after the word “widow”, where it occurs for the first time, there shall be inserted the words “ or widower ”, and

• (ii) in sub-paragraph (i) of that paragraph, for the words from “was” to “and” there shall be substituted the words “ left a spouse and he or ”;

• (c) in subsection (4)—

• (i) after the word “him” or “his” in each place there shall be inserted the words “ or her ”, and

• (ii) in sub-paragraph (c), after the word “widow’s” there shall be inserted the word “ widower’s ”; and

• (d) in subsection (5), after the word “widow’s” there shall be inserted the word “ widower’s ”.

• (2) In Schedule 3 to the Administration of Justice Act 1973 (which sets out the enactments in relation to which section 10 of that Act has effect), in paragraph 3, for the reference to the Department of Health and Social Services for Northern Ireland there shall be substituted a reference to the Department of Economic Development.

The Social Security (Northern Ireland) Act 1975

11

In paragraph 6 of Schedule 10 to the Social Security (Northern Ireland) Act 1975 (pensions of social security commissioners in Northern Ireland) after sub-paragraph (1) there shall be inserted—

(1A) Sub-paragraph (1) shall not have effect in relation to a person to whom Part I of the Judicial Pensions and Retirement Act 1993 applies, except to the extent provided by or under that Act.

The Social Security Pensions Act 1975

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Social Security Pensions (Northern Ireland) Order 1975

13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Judicature (Northern Ireland) Act 1978

14

At the end of section 72 of the Judicature (Northern Ireland) Act 1978 (pension arrangements for statutory officers) there shall be added—

(4) This section does not apply to a person to whom Part I of the Judicial Pensions and Retirement Act 1993 applies, except to the extent provided by or under that Act.

The Supreme Court Act 1981

15

• (1) In section 12 of the Supreme Court Act 1981, in subsection (7) (pensions to be payable to or in respect of the judges mentioned in subsection (1) in accordance with section 2 of the 1981 Act) after the words “section 2 of the Judicial Pensions Act 1981” there shall be inserted the words “ or, in the case of a judge who is a person to whom Part I of the Judicial Pensions and Retirement Act 1993 applies, in accordance with that Act ”.

• (2) In section 93 of that Act (certain officers to be treated as employed in the civil service of the State for the purposes of salary and pension), in subsection (2) (exception, in respect of pension, for persons holding offices specified in paragraph 1 of Schedule 1 to the 1981 Act) for the words from “an office” onwards there shall be substituted the words “ qualifying judicial office, within the meaning of the Judicial Pensions and Retirement Act 1993. ”

• (3) In section 102 of that Act (deputy district judges for district registries of the High Court), for subsection (5) (which includes a reference to section 91(5) of that Act, a provision which is repealed by this Act) there shall be substituted—

(5) Subsection (6) of section 91 applies in relation to a deputy district judge appointed under this section as it applies in relation to a person appointed under that section.

The Value Added Tax Act 1983

16

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The County Courts Act 1984

17

In the County Courts Act 1984—

• (a) section 7 (which relates to assistant district judges), and

• (b) in section 9 (qualifications for appointment) the words “assistant district judge”,

shall cease to have effect.

The Social Security Act 1986

18

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Social Security (Northern Ireland) Order 1986

19

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Criminal Justice Act 1988

20

In Schedule 6 to the Criminal Justice Act 1988, in paragraph 3, after sub-paragraph (2) (pensions, allowances and gratuities payable to or in respect of members of the Criminal Injuries Compensation Board) there shall be added—

(3) Sub-paragraph (2) above does not apply to a chairman or former chairman of the Board who is a person to whom Part I of the Judicial Pensions and Retirement Act 1993 applies, except to the extent provided by or under that Act.

The Child Support Act 1991

21

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) In Schedule 4 to that Act, at the end of paragraph 2 (remuneration and expenses of, and pensions, allowances or gratuities for, Child Support Commissioners) there shall be added—

(3) Sub-paragraph (1), so far as relating to pensions, allowances or gratuities, shall not have effect in relation to any person to whom Part I of the Judicial Pensions and Retirement Act 1993 applies, except to the extent provided by or under that Act.

The Child Support (Northern Ireland) Order 1991

22

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Social Security Administration Act 1992

23

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Social Security Administration (Northern Ireland) Act 1992

24

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 9

The judicial officer’s entitlement to a pension.

Transfer of rights under judicial pension schemes.

12A

• (1) Where this Part—

• (a) begins, on or after the day on which this section comes into force, to apply to a person by virtue of section 1(1)(d) above, or

• (b) begins to apply to a person—

• (i) by virtue of section 1(1)(e) above, or

• (ii) by virtue of paragraph 11(4) of Schedule 9 to the Tribunals, Courts and Enforcement Act 2007,

any relevant public service pension rights of his shall be transferred to the scheme constituted by this Part.

• (2) Where a person's rights under a public service pension scheme are transferred under subsection (1) above—

• (a) that scheme shall no longer have effect in relation to him, and

• (b) no pension or lump sum under the scheme shall be paid to or in respect of him.

• (3) Regulations may make provision—

• (a) for calculating, whether by actuarial assessment or otherwise, the amount or value of the rights transferred under subsection (1) above, and

• (b) prescribing the manner in which those rights are to be given effect under this Part.

• (4) Without prejudice to the generality of paragraph (b) of subsection (3) above, regulations under that paragraph may provide for rights transferred under subsection (1) above to be given effect by crediting the person in question with such service, on or after the day on which this Part first applies to the person, as may be prescribed.

• (5) For the purposes of this section, a persons's “relevant public service pension rights” are the person's accrued rights to benefit under any public service pension scheme, but this is subject to subsections (6) to (8) below.

• (6) A person's rights under a public service pension scheme are not “relevant public service pension rights” if the scheme is a judicial pension scheme other than—

• (a) the principal civil service pension scheme, or

• (b) the principal civil service pension scheme for the civil service of Northern Ireland.

• (7) A person's rights—

• (a) under the principal civil service pension scheme, or

• (b) under the principal civil service pension scheme for the civil service of Northern Ireland,

are not “relevant public service pension rights” if they are transferred under section 12 above.

• (8) A person's rights under a public service pension scheme are not “relevant public service pension rights” unless at least some of his service which was subject to the scheme was qualifying tribunal service and, in that event, all of his rights under the scheme shall be regarded as relevant public service pension rights.

• (9) In this section—

• “prescribe” means prescribe in regulations;

• “public service pension scheme” means any public service pension scheme, as defined in—section 1 of the Pension Schemes Act 1993, orsection 1 of the Pension Schemes (Northern Ireland) Act 1993;

• “qualifying tribunal service” means—service as, or as a member of, a tribunal specified in a list in Schedule 6 to the Tribunals, Courts and Enforcement Act 2007 that has effect for the purposes of section 30 of that Act, orservice as an authorised decision-maker for a tribunal, within the meaning given by section 31(4) of that Act;

• “regulations” means regulations made by the Lord Chancellor with the concurrence of the Treasury.

12B

Entitlement to, and the rate or amount of, any judicial pension or derivative benefit payable under this Part to or in respect of a person whose rights are transferred under section 12 or 12A above shall be determined by reference to—

• (a) any rights of his that are transferred under section 12 above,

• (b) any rights of his that are transferred under section 12A above, and

• (c) his service in qualifying judicial office on or after the day on which this Part first applies to him.

Transfer of accrued benefits.

23A

Schedule 2A to this Act shall have effect with respect to the creation and implementation of pension credits affecting a pension scheme constituted by Part I or Section 19 of this Act.

28A

The Lord Chancellor and the Department of Justice in Northern Ireland may make arrangements under which the Department is to make contributions to the cost of the liabilities under this Act for pensions, lump sums or other payments in respect of persons' service in qualifying judicial office in Northern Ireland or as a fee-paid judge in Northern Ireland (within the meaning given by section 18A) .

SCHEDULE 1A

The commencement date

1

In this Schedule “the commencement date” means 5th December 2005.

Service wholly before the commencement date

2

No surviving civil partner's pension shall be payable in respect of a person who retires from qualifying judicial office before the commencement date.

Service partly before and partly on the commencement date

3

• (1) The annual rate of a surviving civil partner's pension in respect of a person who—

• (a) holds qualifying judicial office before the commencement date; and

• (b) continues to do so on that date,

shall be calculated in accordance with section 5.

• (2) Sub-paragraph (1) does not apply if, within, 6 months of the formation of the civil partnership, the person elects for the annual rate of the surviving civil partner's pension to be calculated under sub-paragraph (3).

• (3) Where the annual rate of a surviving civil partner's pension falls to be calculated under this sub-paragraph, that pension shall be calculated in accordance with section 5, but solely for the purpose of this sub-paragraph, the annual rate of the deceased's judicial pension shall be deemed to be that to which he would have been entitled had he first been appointed to qualifying judicial office on the commencement date.

• (4) An election under sub-paragraph (2) must be made in writing to the administrators.

• (5) An election under sub-paragraph (2) is irrevocable.

SCHEDULE 2A

1

• (1) In any case where—

• (a) a person (“the transferee”) becomes entitled to a pension credit under section 29 of the Welfare Reform and Pensions Act 1999 (“the 1999 Act”); and

• (b) that pension credit is derived from the rights of another person (“the transferor”) under—

• (i) an occupational pension scheme constituted by Part I or section 19 of this Act; or

• (ii) any scheme in relation to which a scheme within sub-paragraph (i) is specified as an alternative for the purposes of paragraph 2 of Schedule 5 to the 1999 Act,

the transferee shall become entitled to rights under this paragraph in respect of that pension credit.