Judicial Pensions and Retirement Act 1993 (c. 8)

(The document as of February, 2008)

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(i) under any occupational or personal pension scheme, which are to be transferred into a voluntary contributions scheme, or

(ii) under any voluntary contributions scheme, which on termination of his membership of that scheme may fall to be transferred into another scheme;

(f) prescribe the additional benefits which are to be available under a voluntary contributions scheme and the rates and times at which those benefits are to be payable;

(g) make provision for and in connection with the making of elections between different benefits available under voluntary contributions schemes;

(h) provide for the terms on which a person may terminate his membership of a voluntary contributions scheme;

(j) provide for the terms on which surplus funds may be refunded to a person who has made payments by way of voluntary contributions to a voluntary contributions scheme;

(k) specify any authorised providers--

(i) who are to invest any prescribed voluntary contributions, or

(ii) who are to provide any prescribed additional benefits,

and, if two or more authorised providers are so specified, may make provision entitling any person who makes prescribed payments by way of voluntary contributions to elect between those authorised providers.

(6) Regulations may provide for such additional benefits arising under or by virtue of this section as may be prescribed--

(a) to be charged on, and paid out of, the Consolidated Fund; or

(b) to be paid out of money provided by Parliament.

(7) The power to make regulations under this section shall be exercisable by the appropriate Minister with the concurrence of the Treasury.

(8) In this section--

"aggregable benefits" means--
(a)
any pensions or other benefits under this Part, other than such additional benefits as are mentioned in subsection (1) above;
(b)
such additional benefits so mentioned as may be prescribed; and
(c)
such retained benefits as may be prescribed;
"authorised provider", in relation to the investment of any sums paid by way of voluntary contributions or the provision of any benefit, means a person who is authorised under Chapter III of Part I of the [1986 c. 60.] Financial Services Act 1986 to invest those sums or, as the case may be, to provide that benefit;
"employment" has the same meaning as it has in the [1975 c. 60.] Social Security Pensions Act 1975 (and accordingly includes employment as a self-employed earner, within the meaning of that Act);
"occupational pension scheme" has the meaning given by section 66(1) of the [S.I. 1975/1503 (N.I. 15).] Social Security Pensions Act 1975 or, in relation to Northern Ireland, Article 2(2) of the Social Security Pensions (Northern Ireland) Order 1975;
"personal pension scheme" has the meaning given by section 84(1) of the [1986 c. 50.] Social Security Act [S.I. 1986/1888 (N.I. 18).] 1986 or, in relation to Northern Ireland, Article 2(2) of the Social Security (Northern Ireland) Order 1986;
"prescribed" means specified in, or determined in accordance with, regulations;
"regulations" means regulations under this section;
"relevant benefits" has the meaning given by section 612(1) of the [1988 c. 1.] Income and Corporation Taxes Act 1988;
"retained benefits", in the case of any person, means any rights retained by him to relevant benefits under any occupational or personal pension scheme which has, or which may be expected to qualify for, tax-exemption or tax-approval, being rights which accrued during some previous employment;
"surplus funds", in relation to a person and any voluntary contributions scheme, means any funds which are, or have been, held for the purposes of that voluntary contributions scheme and which fall to be returned to him in consequence of any such limit as is mentioned in subsection (4)(b) above;
"tax-exemption" and "tax-approval" have the meaning given by section 84(1) of the Social Security Act 1986;
"voluntary contributions scheme" means any occupational pension scheme if and to the extent that it is a scheme under which such additional benefits as are mentioned in subsection (1) above are, or are to be, provided;

and, where a person's voluntary contributions are made by deduction from salary, any reference to payment of, or by way of, voluntary contributions shall be taken to include a reference to the making of voluntary contributions by deduction or, as the case may require, to any voluntary contributions so made.

(9) Without prejudice to section 29(6) below, regulations under this section may make different provision for different classes or descriptions of voluntary contributions scheme.

(10) Without prejudice to subsections (5)(c) and (d) and (6) above, there may be paid out of money provided by Parliament--

(a) any sums required for or in connection with the operation or administration of any prescribed voluntary contributions scheme; or

(b) any administrative expenses incurred under or by virtue of this section by a Minister of the Crown or government department.

(11) Any sums received under this section may be paid into the Consolidated Fund.

Relationship with other pension schemes

11 Provision against pensions under two or more judicial pension schemes

(1) Where this Part applies, or would, apart from section 13 below, apply, to a person--

(a) no other judicial pension scheme, apart from--

(i) any scheme established by regulations under section 10 above which may fall to be regarded as a judicial pension scheme, and

(ii) the scheme constituted by section 19 below, shall have effect in relation to him; and

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

(2) Subsection (1) above is without prejudice to a person's accrued rights to benefit under any such scheme in respect of service before the relevant day; and, in the case of a person to whom this Part applies, any such rights which he may have shall accordingly be given effect in accordance with section 12 below.

(3) Subsections (1) and (2) above shall not--

(a) preclude the payment of a pension or other benefits under--

(i) the principal civil service pension scheme, or

(ii) the principal civil service pension scheme for the civil service of Northern Ireland,

in respect of service before the relevant day, or

(b) affect any rights to a pension or other benefits under either of those schemes in respect of such service,

unless at least some of that service was in qualifying judicial office.

(4) In this section, the "relevant day", in the case of any person, means the day on which this Part first applies, or would, apart from section 13(8)(a) below, first apply, to him.

12 Transfer of rights of persons holding qualifying judicial office before commencement

(1) Where this Part begins to apply to a person by virtue of paragraph (b), (c) or (d) of section 1(1) above--

(a) any relevant rights of his shall be transferred to the scheme constituted by this Part; and

(b) entitlement to, and the rate or amount of, any judicial pension or derivative benefit payable under this Part to or in respect of him shall accordingly be determined by reference to--

(i) the rights so transferred; and

(ii) his service in qualifying judicial office on or after the relevant day.

(2) 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,

and, without prejudice to the generality of paragraph (b) above, regulations under that paragraph may provide for those rights to be so given effect by crediting the person in question with such service on or after the relevant day as may be prescribed.

(3) For the purposes of this section--

(a) a person's "relevant rights" are his accrued rights to benefit under any judicial pension scheme constituted otherwise than by or under this Act; but

(b) rights under--

(i) the principal civil service pension scheme, or

(ii) the principal civil service pension scheme for the civil service of Northern Ireland,

shall not be regarded as relevant rights for the purposes of this section unless at least some of the person's service which was subject to the scheme in question was service in qualifying judicial office and, in that event, all his rights under that scheme shall be regarded as relevant rights.

(4) In this section--

"prescribe" means prescribe in regulations;
"regulations" means regulations made by the appropriate Minister with the concurrence of the Treasury;
"the relevant day", in relation to any person, means the day on which this Part first applies to him.

13 Election for personal pension instead of judicial pension

(1) A person to whom this Part applies, or to whom it would apply apart from this section, may be a member of a personal pension scheme while holding qualifying judicial office if, and only if, he serves on the appropriate Minister a written notice of election, which shall--

(a) identify the personal pension scheme in question; and

(b) be expressed to take effect on a date not less than three months after service of the notice;

and, in accordance with section 1(5) above, where a person makes an election under this section, he shall not be regarded as a person to whom this Part applies at any time when the election is in force.

(2) An election made by a person under this section--

(a) shall be irrevocable, except as provided by the following provisions of this section; and

(b) shall not affect any rights of his which accrued under this Part before the election comes into force;

and, in accordance with section 2(7)(b)(iii) above, any service of his in qualifying judicial office while the election is in force shall be left out of account in determining the length of his service in such office for the purposes of this Part.

(3) Where an election under this section is in force and the person who made it continues to hold qualifying judicial office, he may make a written application to the appropriate Minister requesting that he should once again become a person to whom this Part applies.

(4) If, on an application under subsection (3) above, the appropriate Minister is satisfied that the applicant is in good health, he may direct that this Part shall once again apply to the applicant with effect from a date (his "date of re-admission") not less than three months after service of the application.

(5) A person's election under this section shall cease to be in force on his date of re-admission.

(6) An applicant under subsection (3) above shall--

(a) provide such evidence relating to his health, and

(b) submit to any such medical examination,

as may be reasonably required by the appropriate Minister.

(7) The appropriate Minister shall give written notice of his decision on an application under subsection (3) above to the applicant not later than three months after service of the application.

(8) Where an election (whenever made) under any of the corresponding provisions is in force in respect of a person on the relevant day--

(a) the election shall have effect for the purposes of this Part, and shall continue in force, as if made under this section; and

(b) if and so long as the election remains in force, the person shall be precluded from making an election under section 1(2) above;

but if, on an application under subsection (3) above in relation to the election, the appropriate Minister directs that this Part shall apply to that person, the election shall, in accordance with subsection (5) above, cease to be in force for the purposes of this Part (as well as for those of the Act or instrument containing the corresponding provision), paragraphs (a) and (b) above shall cease to have effect in relation to it, and the application shall have effect as the applicant's election under section 1(2) above.

(9) In this section--

"the corresponding provisions" means--
(a)
section 14A(3) of the 1981 Act;
(b)
section 116A(3) of the [1959 c. 25 (N.I.).] County Courts Act (Northern Ireland) 1959;
(c)
section 2A(3) of the [1960 c. 2 (N.I.).] Resident Magistrates' Pensions Act (Northern Ireland) 1960;
(d)
section 2A(3) of the [1964 c. 29 (N.I.).] Lands Tribunal and Compensation Act (Northern Ireland) 1964;
(e)
section 2A(1) of the [1969 c. 7 (N.I.).] Superannuation (Miscellaneous Provisions) Act (Northern Ireland) 1969;
(f)
paragraph 7A(3) of Schedule 10 to the [1975 c. 15.] Social Security (Northern Ireland) Act 1975;

and, in the case of any other judicial pension scheme, any provision of that scheme which confers a right to elect for a pension under a personal pension scheme;
"personal pension scheme" means a scheme in respect of which there is in force a current appropriate scheme certificate issued by the Occupational Pensions Board in accordance with section 2 of the [1986 c. 50.] Social Security Act 1986 or, in the case of qualifying judicial office held in Northern Ireland, in accordance with Article 4 of the [S.I. 1986/1888 (N.I. 18).] Social Security (Northern Ireland) Order 1986;
"the relevant day", in the case of any person, means the day on which this Part first applies, or would, apart from any election under this section or the corresponding provisions, first apply to him.

Supplemental provisions

14 Application of this Part to holders of the office of Lord Chancellor

(1) Not more than one pension shall be paid under section 2 above and the [1832 c. 111.] Lord Chancellor's Pension Act 1832 to a person to whom this Part applies who has also held the office of Lord Chancellor.

(2) In determining the appropriate annual rate of a pension payable under section 2 above to such a person as is mentioned in subsection (1) above who either--

(a) was holding the office of Lord Chancellor immediately before the appointed day, or

(b) first held that office on or after that day,

the length of his service in qualifying judicial office shall be treated as increased by the aggregate length of his periods of service in the office of Lord Chancellor (excluding any day of service in that office which is also a day of service in qualifying judicial office).

(3) Where a pension under the [1832 c. 111.] Lord Chancellor's Pension Act 1832 is, or would, but for his death, have been, paid to such a person as is mentioned in subsection (1) above (so that no derivative benefits are payable to or in respect of him under this Act) Part II of the 1981 Act shall continue to have effect with respect to the derivative benefits, within the meaning of that Part, which are payable to or in respect of him by virtue of his service in the office of Lord Chancellor, and shall do so notwithstanding anything in section 11 or 12 above.

(4) Except as provided by subsection (3) above, no pension or other benefit shall be paid under that Part of that Act to or in respect of a person to whom this Part applies.

15 Circuit judges: the Recorder of London and the Common Serjeant

Subject to sections 1(8) above and 21 below and to any regulations under section 38 or 39A of the [1965 c. 74.] Superannuation Act 1965 (employment in more than one public office), nothing in this Part shall apply in relation to the pensions and other benefits payable to or in respect of a person in respect of his service as a Circuit judge by virtue of holding the office of Recorder of London or Common Serjeant; and accordingly--

(a) those matters shall continue to be provided for as mentioned in section 7 of the [1964 c. iv.] City of London (Courts) Act 1964 (remuneration, pensions and other benefits in respect of those offices to be defrayed by the Common Council); and

(b) service as a Circuit judge by virtue of holding either of those offices shall not be regarded as service in qualifying judicial office.

16 Disregard of abatement of pension under s.65 of the Social Security Act 1973 etc

In making any calculation for the purposes of sections 4 to 8 above, any abatement of a pension falling to be made under any order made under--

(a) section 65 of the [1973 c. 38.] Social Security Act 1973 (modification etc of public service pension schemes), or

(b) Article 61 of the [S.I. 1975/1503 (N.I. 15).] Social Security Pensions (Northern Ireland) Order 1975 (corresponding provision for Northern Ireland),

shall be left out of account.

17 Effect of certain nullity decrees

Where a marriage which is voidable, but not void from the beginning, is declared null by any court, the same results shall follow under this Part as would have followed if the marriage had not been voidable but had been dissolved at the date of the declaration of nullity.

18 Continuity of tax treatment

(1) For the purposes of Chapter I of Part XIV of the [1988 c. 1.] Income and Corporation Taxes Act 1988 (retirement benefit schemes) the provisions of this Part shall be regarded as amendments, for such persons as are mentioned in section 1(1) above, of the statutory schemes constituted by or under the 1981 Act; and, accordingly, any scheme constituted by this Part--

(a) shall be taken to have been established before 14th March 1989; and

(b) is a relevant statutory scheme for the purposes of that Chapter.

(2) Expressions used in this section and in Chapter I of Part XIV of the Income and Corporation Taxes Act 1988 have the same meaning in this section as they have in that Chapter.

Part II Miscellaneous, General and Supplementary Provisions

Additional benefits in respect of disregarded earnings

19 Benefits in respect of earnings in excess of pension-capped salary

(1) This section applies in any case where--

(a) a pension or lump sum is payable under Part I above to or in respect of a person to whom that Part applies (the "judicial officer"); and

(b) the amount which constitutes the judicial officer's pensionable pay is less than it would have been, had pension-capped salary fallen to be determined under section 3(3)(b) above, in his case, without the limit imposed by reference to the permitted maximum there mentioned;

but nothing in this subsection applies in relation to any additional benefits provided under section 10 above.

(2) Where this section applies, payments by way of pension or lump sum shall be made to or in respect of the judicial officer amounting to the difference between--

(a) the rate or amount payable in respect of the pension or lump sum referred to in subsection (1) above; and

(b) the rate or amount that would have been payable in respect of that pension or lump sum, had pension-capped salary fallen to be determined under section 3(3)(b) above, in his case, without the limit imposed by reference to the permitted maximum there mentioned.

(3) No contributions shall be payable under or by virtue of section 9 above in respect of the cost of the liability to make payments under this section.

(4) For the purposes of Chapter I of Part XIV of the Income and Corporation Taxes Act 1988 (retirement benefit schemes) this section shall be taken to constitute a statutory scheme, within the meaning of that Chapter,--

(a) which is separate and distinct from any such scheme constituted by Part I above (or by any other enactment or instrument); and

(b) which is not capable of being a relevant statutory scheme, within the meaning of that Chapter.

(5) The appropriate Minister may by regulations make provision for implementing this section; and any such regulations may, in particular, make provision--

(a) for or with respect to the calculation of benefits under this section;

(b) for or with respect to the time at which and method by which payments under this section are to be made.

General provisions connected with the new schemes

20 Appeals

(1) If any person to whom this section applies is aggrieved by any decision taken by the administrators of a relevant pension scheme concerning--

(a) the interpretation of the rules of the scheme, or

(b) the exercise of any discretion under the scheme,

he shall have a right of appeal to the appropriate Minister against that decision.

(2) On deciding an appeal under this section, the appropriate Minister may give to the administrators such directions as he considers necessary or expedient for implementing his decision.

(3) The persons to whom this section applies are the following--

(a) any person to whom Part I above applies or has applied;

(b) the widow or widower, or any surviving dependant, of a person who served in qualifying judicial office but who has died; and

(i) whether a person who claims to be such a person as is mentioned in paragraph (a) or (b) above is such a person, or

(ii) whether a person who claims to be entitled to become a person to whom Part I above applies is so entitled,

the person so claiming.

(4) Regulations may make provision as to the manner in which, and time within which, appeals under this section are to be brought.

(5) The administrators shall be entitled to appear and be heard on any appeal under this section.

(6) In this section--

"regulations" means regulations made by the appropriate Minister;
"relevant pension scheme" means any scheme constituted under or by virtue of Part I or section 19 above for the payment of pensions or other benefits;
"rules", in relation to a relevant pension scheme, means the provisions of Part I and section 19 above and of any regulations or orders made under or by virtue of that Part or that section.

21 Pensions payable to judicial officers etc. by local authorities in England and Wales

(1) This section applies in any case where--

(a) an order under section 1(8) above amends Schedule 1 to this Act by the addition of any office ("the office") to those for the time being specified in that Schedule; and

(b) immediately before the coming into force of the order, a local authority was under a liability to defray, whether in whole or in part, pensions or other benefits payable in respect of service in the office.

(2) Where this section applies, the appropriate Minister may by order made with the consent of the Treasury--

(a) provide for the local authority to be discharged, to such extent as may be prescribed, from the liability to pay pensions or other benefits in respect of such service in the office as may be prescribed; and

(b) require the local authority instead to make prescribed payments to the Treasury.

(3) In framing the provisions of an order under subsection (2) above, regard shall be had to the desirability of securing so far as reasonably practicable--

(a) that the payments required to be made by the local authority are such as to reimburse the Treasury in respect of so much of--

(i) any pension or lump sum payable under Part I above, or

(ii) any sums payable by way of pension or lump sum under section 19 above,

to or in respect of any person to whom Part I above applies as may reasonably be regarded as attributable to his service in the office; and

(b) that the local authority is discharged, to a corresponding extent, from the liability to pay any pension or other benefit to or in respect of such a person in respect of his service in the office.

(4) In this section--

"local authority" means any county council, district council, London Borough Council or the Common Council of the City of London;
"prescribed" means specified in, or determined in accordance with, an order under subsection (2) above.

(5) Nothing in this section applies in relation to any pension or other benefits payable under or by virtue of section 10 above.

(6) This section is without prejudice to the generality of section 29 below.

22 Application of the Pensions (Increase) Act 1971

(1) In the [1971 c. 56.] Pensions (Increase) Act 1971, in Schedule 2 (which specifies the pensions and other benefits which fall to be increased under or by virtue of that Act) after paragraph 4 (and beneath the heading relating to the administration of justice) there shall be inserted--

" 4A A pension payable under Part I or section 19 of the Judicial Pensions and Retirement Act 1993, other than a pension payable under or by virtue of section 10 of that Act. "

(2) The pensions in relation to which the [1971 c. 56.] Pensions (Increase) Act 1971 extends to Northern Ireland shall include pensions payable under Part I or section 19 above, other than pensions payable under or by virtue of section 10 above; and, accordingly, in section 19(2)(a) of that Act, after the words "Pension Fund" there shall be inserted the words "or payable under Part I or section 19 of the Judicial Pensions and Retirement Act 1993 (otherwise than under or by virtue of section 10 of that Act)".

(3) In subsection (2) above, "pensions" has the same meaning as it has in the Pensions [1971 c. 56.] (Increase) Act 1971.

23 Transfer of accrued benefits

Schedule 2 to this Act shall have effect with respect to the transfer of accrued rights into and out of the pension schemes constituted by Part I or section 19 above (other than any such transfer which falls to be made under section 12 above).

24 Corresponding minor amendments to other enactments

Schedule 3 to this Act (which makes certain minor amendments corresponding to provisions of this Act) shall have effect.

Pensions for senior public investigative officers

25 The Comptroller and Auditor General and the Parliamentary and Health Service Commissioners etc

The amendments made by Schedule 4 to this Act shall have effect, as from the coming into force of this section, with respect to the pensions and other benefits payable to or in respect of a person (whenever appointed) who holds, or has held, any one or more of the following offices, that is to say--

(a) Comptroller and Auditor General;

(b) Parliamentary Commissioner for Administration;

(d) Health Service Commissioner for Scotland;

(e) Health Service Commissioner for Wales;

(f) Comptroller and Auditor General for Northern Ireland;

(g) Northern Ireland Parliamentary Commissioner for Administration;

(h) Northern Ireland Commissioner for Complaints.

Retirement date for certain judicial officers etc

26 Retirement date for holders of certain judicial offices etc

(1) Subject to the following provisions of this section, a person holding any of the offices for the time being specified in Schedule 5 to this Act (a "relevant office") shall vacate that office on the day on which he attains the age of 70 or such lower age as may for the time being be specified for the purpose in the enactments and instruments relating to that office, whenever passed or made.

(2) Any reference in this section to a person's holding an office includes a reference to his being a member of, or otherwise included in, any panel or list of persons appointed, nominated, approved or otherwise selected to serve from time to time in that office (whether or not the panel or list is required by or under any enactment); and any reference in this section or Schedule 5 to this Act to any particular office or to an office of any class or description, or to a person's appointment to, or vacation of, an office, shall be construed accordingly.

(3) Subject to the transitional provision referred to in subsection (11) below, subsection (1) above applies whether the person was appointed to the office before or after the coming into force of this section; but nothing in this Act, or in any amendment made by it, shall be taken--

(a) to preclude a person from vacating his office before the compulsory retirement date for that office in his case; or

(b) to prevent a person's appointment to an office coming to an end before that date, in accordance with the terms on which he was appointed.

(4) Subsections (5) and (6) below apply in relation to any holder (whenever appointed) of a relevant office for which the compulsory retirement date in his case falls on or after the day on which he attains the age of 70, except--

(a) Lord of Appeal in Ordinary;

(b) judge of the Supreme Court of England and Wales;

(d) Lord Chief Justice of Northern Ireland or Lord Justice of Appeal, or judge of the High Court, in Northern Ireland.

(5) If, in a case where this subsection applies, the appropriate Minister considers it desirable in the public interest that the holder of a relevant office should continue in that office after his compulsory retirement date, he may authorise the person to continue in office, either generally or for such purpose as he may notify to the person, for a period not exceeding one year and not extending beyond the day on which the person attains the age of 75.

(6) If, on the expiration of the period for which a person is authorised to continue in office--

(a) by virtue of subsection (5) above, or

(b) by any previous exercise of the power conferred by this subsection,

the appropriate Minister considers it desirable in the public interest to retain the person in office for a further period, he may authorise him to continue in office, either generally or for such purpose as he may notify to the person, for a further period not exceeding one year and not extending beyond the day on which the person attains the age of 75.

(7) After the day on which a person attains the age of 75, he shall not hold any relevant office nor shall he--

(a) be a member of the Judicial Committee of the Privy Council, unless he is the Lord Chancellor;

(b) participate in the hearing and determination of any appeal, or any petition for leave to appeal, to the House of Lords, unless he is the Lord Chancellor;

(d) hold office as a deputy Circuit judge, within the meaning of section 24 of the [1971 c. 23.] Courts Act 1971;

(e) sit and act as a judge under or by virtue of section 7 of the [1978 c. 23.] Judicature (Northern Ireland) Act 1978;

(f) act as a deputy, or as a temporary additional officer, under subsection (1) of section 91 of the [1981 c. 54.] Supreme Court Act 1981 by virtue of subsection (3) of that section (persons who would otherwise be disqualified by age);

(g) hold office as a deputy district judge in any district registry under subsection (1) of section 102 of that Act by virtue of subsection (3) of that section (persons who would otherwise be disqualified by age) or, in the case of a person who has previously held the office of district judge for a county court district, as a deputy district judge under section 8 of the [1984 c. 28.] County Courts Act 1984;

(h) hold any office--

(i) to which appointments are made by or under any Act or statutory instrument;

(ii) for which there would, apart from this paragraph, be no compulsory retirement date; and

(iii) for appointment to which only persons who have held relevant office are eligible;

and this subsection applies whether or not the person was invited to act as a judge, or was appointed to the office in question, or to some other office by virtue of which he would (apart from this subsection) hold the office in question, before the appointed day.

(8) After the day on which a person attains the age of 70, he shall not be appointed or re-appointed as--

(a) one of the additional members, referred to in subsection (5) of section 9 of the [1949 c. 54.] Wireless Telegraphy Act 1949, of the appeal tribunal established under that section;

(b) the person, or one of the persons, constituting a tribunal for the purposes of section 150(3) of the [1954 c. 70.] Mines and Quarries Act 1954, or as an assessor assisting such a tribunal;

(d) chairman of a vaccine damage tribunal in Northern Ireland constituted under regulation 7 of the [S.I. 1979/432.] Vaccine Damage Payments Regulations 1979;

(e) chairman of a tribunal constituted under section 47 of the [1986 c. 53.] Building Societies Act 1986;

(f) chairman of a tribunal constituted under section 28 of the [1987 c. 22.] Banking Act 1987;

(g) an arbitrator, or (in Scotland) an arbiter, under paragraph 9(2) of Schedule 10 to the [1989 c. 29.] Electricity Act 1989;

(h) chairman of a tribunal constituted under Schedule 3 to the [1992 c. 38.] Education (Schools) Act 1992;

(j) chairman of a tribunal constituted under section 59 of the [1992 c. 40.] Friendly Societies Act 1992.

(9) The appropriate Minister may by order--

(a) amend Schedule 5 to this Act by adding offices to those for the time being specified in that Schedule; or

(b) amend subsection (8) above by adding offices to those for the time being specified in that subsection.

(10) As from the appointed day, the enactments and instruments mentioned in Schedule 6 to this Act shall have effect with the amendments specified in that Schedule; but those amendments are subject to section 27 below and Schedule 7 to this Act.

(11) Schedule 7 to this Act shall have effect for the purpose of making transitional provision in relation to persons holding relevant offices immediately before the appointed day; and--

(a) subsections (1) and (3) above are subject to the provisions of that Schedule; and

(b) any reference in this section to the compulsory retirement date for an office shall be construed in accordance with those provisions.

(12) In this section--

"the appointed day" means the day appointed under section 31 below for the coming into force of this section;
"the compulsory retirement date" for an office means the day on which a holder of that office is or, apart from any continuation power, would be required by any enactment or statutory instrument to vacate that office, being either--
(a)
the day on which he attains a particular age; or

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