Judicial Pensions and Retirement Act 1993 (c. 8)

(The document as of February, 2008)

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the day on which he attains a particular age; or

(b)

a day falling to be determined by reference to his attaining a particular age;

"continuation power" means a power conferred by an enactment or statutory instrument on a Minister of the Crown to authorise the holder of an office to continue in that office until a later day than that on which, apart from any exercise of the power, he would be required by any enactment or statutory instrument to vacate that office;

and any reference to vacating an office includes a reference to retiring from it.

27 Completion of proceedings after retirement

(1) Notwithstanding that a person has vacated or otherwise ceased to hold an office to which this section applies--

(a) he may act as if he had not ceased to hold the office for the purpose of continuing to deal with, giving judgment in, or dealing with any ancillary matter relating to, any case begun before him before he ceased to hold that office; and

(b) for that purpose, and for the purpose of any proceedings arising out of any such case or matter, he shall be treated as being or, as the case may be, as having been a holder of that office;

but nothing in this subsection shall authorise him to do anything if he ceased to hold the office by virtue of his removal from it.

(2) Where a person has vacated or otherwise ceased to hold a qualifying judicial office but the office in question is one to which this section applies, then, notwithstanding anything in subsection (1) above, any remuneration that may be paid in respect of service of his in that office by virtue of that subsection shall be remuneration by payment of fees (and not a salary) and accordingly that service shall not be regarded as service in qualifying judicial office.

(3) The offices to which this section applies are--

(a) any relevant office, within the meaning of section 26 above;

(b) any office falling within any of the paragraphs of subsection (7) of that section;

(d) Vice Judge Advocate General;

(e) Assistant Judge Advocate General;

(f) Deputy Judge Advocate;

(g) Chairman of the Criminal Injuries Compensation Board.

(4) If and to the extent that any prohibition imposed by subsection (7) of section 26 above would not, apart from this subsection, be regarded as a prohibition on the holding of an office, it shall be treated for the purposes of this section as if it were such a prohibition, and references in this section to office, or to vacating or otherwise ceasing to hold office, shall be construed accordingly.

Miscellaneous and supplementary provisions

28 Payments charged on Consolidated Fund etc

(1) There shall be charged on, and paid out of, the Consolidated Fund--

(a) any pension or lump sum under Part I above payable to or in respect of a person who has held any of the qualifying judicial offices specified in Part I of Schedule 1 to this Act; and

(b) any payments by way of pension or lump sum authorised under section 19 above to be made to or in respect of such a person.

(2) Except as provided by subsection (1) above--

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

(b) any payment authorised to be made under section 19 above,

shall be met out of money provided by Parliament.

(3) There shall be charged on, and paid out of, the Consolidated Fund any increase attributable to the provisions of this Act in the sums charged on, and payable out of, that Fund by or under any other enactment.

(4) There shall be paid out of money provided by Parliament any increase attributable to this Act in the sums payable out of money so provided under any other enactment.

(5) Any administrative expenses incurred under this Act by a Minister of the Crown or government department shall be defrayed out of money provided by Parliament.

(6) Any sums received by the Treasury under section 21 above shall be paid into the Consolidated Fund.

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

29 Regulations and orders

(1) Any power conferred by this Act to make regulations or an order shall be exercisable by statutory instrument.

(2) A statutory instrument which contains (whether alone or with other provisions) regulations or an order under this Act, other than an order under section 31(2) below, shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(3) Any power conferred by this Act to make regulations or an order includes power, exercisable in the same manner, to make such transitional, consequential, supplementary or incidental provision or savings as may appear to the authority making the regulations or order to be necessary or expedient for the purposes of, or in connection with, the regulations or order.

(4) The provision that may be made under or by virtue of subsection (3) above includes provision modifying the operation of this Act or any other enactment.

(5) The amendment by this Act of any provision contained in regulations or an order shall not be taken to have prejudiced any power to make further regulations or orders amending or revoking that provision.

(6) Regulations and orders under this Act may make different provision for different cases or classes of case.

30 Interpretation

(1) In this Act--

"the 1981 Act" means the [1981 c. 20.] Judicial Pensions Act 1981;
"actuarially reduced" has the meaning given by section 2(7)(e) above;
"the administrators", in relation to a pension scheme, means the persons entrusted with the administration of the scheme;
"appropriate annual rate", in relation to a judicial pension, shall be construed in accordance with section 3 above;
"the appropriate Minister" means--
(a)
in relation to any judicial office whose jurisdiction is exercised exclusively in relation to Scotland, the Secretary of State; or
(b)
subject to paragraph (a) above, the Lord Chancellor;
"children's pension" has the meaning given by section 6 above;
"commence to be paid", in relation to any judicial pension, shall be construed in accordance with section 2(7)(d) above;
"the deceased", in connection with any surviving spouse's or children's pension, shall be construed in accordance with section 5 or 6 above, as the case may be;
"derivative benefit" means a lump sum under section 4 above or a surviving spouse's or children's pension;
"eligible children", in relation to the deceased, shall be construed in accordance with section 6 above;
"judicial pension" means a pension under section 2 above;
"judicial pension scheme" means any public service pension scheme, as defined in--
(a)
section 66(1) of the [1975 c. 60.] Social Security Pensions Act 1975, or
(b)
Article 2(2) of the [S.I. 1975/1503 (N.I. 15).] Social Security Pensions (Northern Ireland) Order 1975,

under which pensions and other benefits are payable in respect of service in one or more qualifying judicial offices (whether or not in respect of service in such offices alone);
"pensionable pay" has the meaning given by section 3(3) above;
"pension-capped salary" has the meaning given by section 3(3) above;
"the principal civil service pension scheme" means a scheme made under section 1 of the [1972 c. 11.] Superannuation Act 1972 which is the principal civil service pension scheme within the meaning of section 2 of that Act;
"the principal civil service pension scheme for the civil service of Northern Ireland" means a scheme made under Article 3 of the [S.I. 1972/1073 (N.I. 10).] Superannuation (Northern Ireland) Order 1972 which is the principal civil service pension scheme within the meaning of Article 4 of that Order;
"qualifying judicial office" has the meaning given by section 1(6) above;
"serve" and "service", in relation to qualifying judicial office, shall be construed in accordance with section 1(6) above;
"stipendiary magistrate", in England and Wales, includes a metropolitan stipendiary magistrate;
"surviving spouse's pension" has the meaning given by section 5 above.

(2) In the case of a person who has retired from qualifying judicial office on more than one occasion, references in this Act to his retirement from such office are references to the last of those occasions.

(3) For the purposes of this Act, a person shall be regarded as vacating, or retiring from, an office at the end of the last day of his service in that office.

(4) Any reference in this Act to a pension or lump sum, or any salary or other money, being paid or payable to a person includes a reference to its being paid or payable for him.

(5) In determining for any purpose of this Act the accrued rights of a person under a judicial pension scheme which confers a power (but does not expressly impose a duty) to pay a pension or other benefit under the scheme, it shall be assumed that there is a duty to exercise the power (and to do so in such a way as will provide the greatest pension or other benefit authorised to be paid).

(6) Where a calculation falls to be performed under this Act, any resulting fraction of £1 shall be rounded up to the next whole £1.

31 Short title, supplementary provisions and extent

(1) This Act may be cited as the Judicial Pensions and Retirement Act 1993.

(2) The provisions of this Act shall come into force on such day as the appropriate Minister may by order made by statutory instrument appoint; and different days may be appointed for different provisions or for different purposes of the same provision.

(3) The enactments and instruments mentioned in Schedule 8 to this Act shall have effect with the amendments there specified (being minor amendments and amendments consequential on the provisions of this Act).

(4) The enactments and instruments specified in Schedule 9 to this Act are repealed or revoked to the extent specified in the third column of that Schedule.

(5) Section 21 above extends to England and Wales only.

(6) The amendments, repeals and revocations in section 22 above and Schedules 3, 4, 6, 8 and 9 to this Act have the same extent as the enactment or instrument to which they relate.

(7) Subject to subsections (5) and (6) above, this Act extends to Northern Ireland.

SCHEDULES

Section 1.

SCHEDULE 1 The offices which may be qualifying judicial offices

Part I Judges

Lord of Appeal in Ordinary
Lord Chief Justice of England
Master of the Rolls
Lord President of the Court of Session
Lord Chief Justice of Northern Ireland
Lord Justice Clerk
Lord Justice of Appeal (in England and Wales or Northern Ireland)
President of the Family Division
Vice-Chancellor
High Court Judge (in England and Wales or Northern Ireland)
Judge of the Court of Session
Circuit judge
Sheriff Principal or sheriff in Scotland
County Court Judge in Northern Ireland
Stipendiary Magistrate in England and Wales
Resident Magistrate appointed under the [1964 c. 21 (N.I.).] Magistrates' Courts Act (Northern Ireland) 1964

Part II Other appointments

Court officers

Master, Queen's Bench Division
Queen's Coroner and Attorney and Master of the Crown Office and Registrar of Criminal Appeals
Admiralty Registrar
Master, Chancery Division
Registrar in Bankruptcy of the High Court
Taxing Master of the Supreme Court
District Judge of the Principal Registry of the Family Division
Registrar of civil appeals
Master of the Court of Protection
District judge
Any of the offices from time to time specified in column 1 of Schedule 3 to the [1978 c. 23.] Judicature (Northern Ireland) Act 1978, other than--
(a) Principal Secretary to the Lord Chief Justice;
(b) Legal Secretary to the Lord Chief Justice; and
(c) Official Solicitor

Members of tribunals

Chief or other Social Security Commissioner, excluding appointments in pursuance of section 52(2) of the [1992 c. 5.] Social Security Administration Act 1992
Chief or other Social Security Commissioner for Northern Ireland, excluding appointments in pursuance of section 50(2) of the [1992 c. 8.] Social Security Administration (Northern Ireland) Act 1992
Chief or other Child Support Commissioner, excluding appointments in pursuance of paragraph 4 of Schedule 4 to the [1991 c. 48.] Child Support Act 1991
Chief or other Child Support Commissioner for Northern Ireland, excluding appointments in pursuance of paragraph 4 of Schedule 4 to the Child [1992 c. 48.] Support Act 1991 as that paragraph has effect by virtue of paragraph 8 of that Schedule
President of social security appeal tribunals, medical appeal tribunals, disability appeal tribunals and child support appeal tribunals
President of social security appeal tribunals, medical appeal tribunals, disability appeal tribunals and child support appeal tribunals for Northern Ireland
Chairman of social security appeal tribunals, medical appeal tribunals and disability appeal tribunals
Chairman of social security appeal tribunals, medical appeal tribunals and disability appeal tribunals in Northern Ireland
Chairman of child support appeal tribunals
Chairman of child support appeal tribunals in Northern Ireland
President of the Industrial Tribunals (England and Wales)
President of the Industrial Tribunals (Scotland)
President or Vice-President of the Industrial Tribunals and the Fair Employment Tribunal, appointed under section 3 of the [1989 c. 32.] Fair Employment (Northern Ireland) Act 1989
Chairman of industrial tribunals appointed in pursuance of regulations under section 128 of the [1978 c. 44.] Employment Protection (Consolidation) Act 1978
Chairman of industrial tribunals or of the Fair Employment Tribunal appointed in pursuance of regulations under Article 30 of the [S.I. 1984/1159 (N.I. 9).] Industrial Training (Northern Ireland) Order 1984 or appointed under section 3(1)(c) of the [1989 c. 32.] Fair Employment (Northern Ireland) Act 1989
President or other member of the Lands Tribunal, the Lands Tribunal for Scotland or the Lands Tribunal for Northern Ireland

Other offices whose holders are appointed by the Lord Chancellor

Judge Advocate General
Vice Judge Advocate General
Assistant Judge Advocate General
Deputy Judge Advocate
Judge Advocate of Her Majesty's Fleet
President or Vice-President of Value Added Tax Tribunals
Chairman of value added tax tribunals
Commissioner for the special purposes of the Income Tax Acts appointed under section 4 of the [1970 c. 9.] Taxes Management Act 1970
President or other member of the Immigration Appeal Tribunal
President of the pensions appeal tribunals established under the [1943 c. 39.] Pensions Appeal Tribunals Act 1943
President or chairman of the Transport Tribunal
Chief, or any other, immigration adjudicator under the [1971 c. 77.] Immigration Act 1971

Other offices

Chairman of the Criminal Injuries Compensation Board incorporated under section 108(1) of the [1988 c. 33.] Criminal Justice Act 1988
Chairman of the Foreign Compensation Commission
Chairman of the Scottish Land Court
President of the Industrial Court appointed in pursuance of Article 91 of the [S.I. 1992/807 (N.I. 5).] Industrial Relations (Northern Ireland) Order 1992

Section 23.

SCHEDULE 2 Transfer of accrued benefits

Part I General

Interpretation

1 In this Schedule--

"authorised insurance company" means an insurance company authorised under section 3 or 4 of the [1982 c. 50.] Insurance Companies Act 1982 (or any similar previous enactment) to carry on ordinary long-term insurance business;
"contracted-out scheme" has the same meaning as it has for the purposes of Part III of the [1975 c. 60.] Social Security Pensions Act 1975 and, in relation to Northern Ireland, Part IV of the [S.I. 1975/1503 (N.I. 15).] Social Security Pensions (Northern Ireland) Order 1975;
"disregarded service", in relation to any member of a scheme, means any period of service in qualifying judicial office during which an election under, or an election having effect as if made under, section 13 of this Act is in force in respect of the qualifying member;
"guaranteed minimum pension" has the same meaning as in the [1975 c. 60.] Social Security Pensions Act 1975 and, in relation to Northern Ireland, the Social Security Pensions (Northern Ireland) Order 1975;
"member", in relation to a scheme, means a person to whom Part I of this Act applies or has applied;
"normal pension age" means the earliest age at which, if his service in qualifying judicial office had continued until retirement at that age, a member of the scheme constituted by Part I of this Act might have been entitled to receive a pension under the scheme at the appropriate annual rate (otherwise than by reason of infirmity of mind or body);
"occupational pension scheme" has the meaning given by section 66(1) of the 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 prescribed by regulations;
"protected rights" has the same meaning as in the [1975 c. 60.] Social Security Pensions Act 1975 and, in relation to Northern Ireland, the [S.I. 1975/1503 (N.I. 15).] Social Security Pensions (Northern Ireland) Order 1975;
"qualifying member" means a person to whom Part II of this Schedule applies;
"qualifying service" means the service by reference to which a qualifying member's entitlement to benefit under the scheme is calculated; and
"scheme" means the relevant occupational pension scheme constituted by Part I or section 19 of this Act.

Regulations

2 Regulations for the purposes of this Schedule may be made, with the concurrence of the Treasury, by the Lord Chancellor or, in relation to Scotland, the Secretary of State.

Other provisions about transfer values

3 Part II of Schedule 1A to the Social Security Pensions Act 1975 (transfer values) and Part II of Schedule 1A to the Social Security Pensions (Northern Ireland) Order 1975 (corresponding Northern Ireland provisions) shall not apply in relation to those schemes to which this Schedule applies.

Part II Transfers out

Qualifying members

4 (1) Where the conditions mentioned in sub-paragraph (2) below are satisfied, this Part of this Schedule applies to any person--

(a) to or in respect of whom benefits are payable under a scheme; and

(b) whose qualifying service ends after this Schedule comes into force.

(2) The conditions are that--

(a) his qualifying service ends at least one year before he reaches normal pension age; and

(b) on the date on which it ends--

(i) he has accrued rights to benefit under the scheme; or

(ii) he would have such rights if his service in qualifying judicial office had also ended on that date.

Qualifying member's right to a transfer payment

5 (1) When his qualifying service ends, a qualifying member acquires a right to the cash equivalent at the relevant date of any benefits--

(a) which have accrued to, or in respect of him, under the scheme; or

(b) where service of his in qualifying judicial office is disregarded service, which would have so accrued if his service in qualifying judicial office had ended on the same date as that on which his qualifying service ended.

(2) In this paragraph "the relevant date" means--

(a) the date when the qualifying member's qualifying service ends, or

(b) the date of any application which he has made under paragraph 6 below and which has not been withdrawn,

whichever is the later.

Method of taking cash benefit

6 (1) A qualifying member who acquires a right to a cash equivalent under paragraph 5 above may only take it by exercising the option conferred by this paragraph.

(2) The option is that of requiring the Treasury to use the cash equivalent in whichever of the following ways the qualifying member chooses--

(a) for acquiring transfer credits allowed under the rules of another occupational pension scheme--

(i) whose trustees or managers are able and willing to accept him; and

(ii) which satisfies prescribed requirements;

(b) for acquiring rights allowed under the rules of a personal pension scheme--

(i) whose trustees or managers are able and willing to accept him; and

(ii) which satisfies prescribed requirements;

(i) chosen by the qualifying member, and

(ii) willing to accept payment on his account from the Treasury,

one or more annuities which satisfy prescribed requirements;

(d) for subscribing to other pension arrangements which satisfy prescribed requirements.

(3) Without prejudice to the generality of the power to prescribe requirements under sub-paragraph (2) above, such requirements may provide that pension arrangements or a scheme or annuity must satisfy such requirements of the Commissioners of Inland Revenue as may be prescribed.

(4) A qualifying member may exercise his option in different ways in relation to different portions of his cash equivalent.

(5) A qualifying member who exercises his option must do so in relation to the whole of his cash equivalent or, where sub-paragraph (6) below applies, in relation to the whole of the reduced cash equivalent.

(6) Where--

(a) the trustees or managers of--

(i) an occupational pension scheme which is not a contracted-out scheme, or

(ii) a personal pension scheme which is not an appropriate scheme under section 2 of the [1986 c. 50.] Social Security Act 1986, Article 4 of the [S.I. 1986/1888 (N.I. 18).] Social Security (Northern Ireland) Order 1986 or under any prescribed provision, or

(iii) a self-employed pension arrangement within the meaning of regulation 2D of the [S.I. 1985/1931.] Occupational Pension Schemes (Transfer Values) Regulations 1985, regulation 2D of the [S.R. (N.I.) 1985 No. 358.] Occupational Pension Schemes (Transfer Values) Regulations (Northern Ireland) 1985, regulation 2A of the [S.I. 1987/1112.] Personal Pension Schemes (Transfer Values) Regulations 1987, regulation 2A of the [S.R. (N.I.) 1987 No. 290.] Personal Pension Schemes (Transfer Values) Regulations (Northern Ireland) 1987 or any other prescribed provision,

are able or willing to accept a transfer payment only in respect of a qualifying member's rights other than his accrued rights to a guaranteed minimum pension or his protected rights; and

(b) the member has not required the Treasury to use the portion of his cash equivalent which represents a guaranteed minimum pension or protected rights in any of the ways specified in sub-paragraph (2) above,

paragraph 5 above, this paragraph and paragraph 7 below are to be read as conferring on the member an option only in respect of the reduced cash equivalent.

(7) In this paragraph "reduced cash equivalent" means a sum equal to the balance of the cash equivalent to which the qualifying member would be entitled if sub-paragraph (6) above did not apply, after deduction of an amount sufficient for the Treasury to meet its liability in respect of the member's guaranteed minimum pension or protected rights or those of his widow, or her widower.

Calculation of cash equivalents

7 (1) Cash equivalents are to be calculated and verified in the prescribed manner.

(2) Regulations made under sub-paragraph (1) above may, in particular, provide--

(a) that in calculating cash equivalents account shall be taken--

(i) of any surrender or forfeiture of the whole or part of a qualifying member's pension which occurs before the Treasury does what is needed to comply with the choice made by him in exercising his option;

(ii) in a case where paragraph 6(6) above applies, of the need to deduct an appropriate amount to provide a guaranteed minimum pension or give effect to protected rights; and

(b) that in prescribed circumstances a qualifying member's cash equivalent shall be increased or reduced.

(3) Without prejudice to the generality of sub-paragraph (2) above, the circumstances that may be specified by virtue of paragraph (b) of that sub-paragraph include the length of time which elapses between the termination of a qualifying member's qualifying service and his exercise of the option conferred by paragraph 6 above.

Time within which option must be exercised

8 (1) A qualifying member may only exercise his option on or before the last option date.

(2) The last option date is--

(a) the date which falls one year before the date on which the qualifying member reaches normal pension age, or

(b) the end of the period of six months beginning with the date on which his qualifying service ends,

whichever is the later.

(3) A qualifying member loses the right to any cash equivalent under this Schedule if--

(a) his pension becomes payable before he reaches normal pension age; or

(b) he fails to exercise his option on or before the last option date.

Option to be exercised in writing

9 (1) A qualifying member may only exercise his option by making an application in writing to the Treasury.

(2) In any case where--

(a) a qualifying member has exercised his option, and

(b) the Treasury has done what is needed to comply with the choice made by him in exercising his option,

the Treasury shall be discharged from any obligation to provide benefits to which the cash equivalent related except, in any such cases as are mentioned in paragraph 6(6) above, to the extent that an obligation to provide guaranteed minimum pensions or give effect to protected rights continues to subsist.

(3) If the Treasury receives an application under this paragraph, it shall be its duty, subject to the following provisions of this paragraph, to do what is needed to comply with the choice made by the qualifying member in exercising his option--

(a) within twelve months of the date on which it receives his application, or

(b) by the date on which he attains normal pension age,

whichever is the earlier.

Cancellation of exercise of option

10 (1) A qualifying member may cancel the exercise of his option by giving the Treasury notice in writing that he no longer wishes it to be exercised.

(2) No such notice shall have effect if it is given to the Treasury at a time when, in order to comply with the choice made by the qualifying member in exercising his option, the Treasury has entered into an agreement with a third party to use the whole or part of his cash equivalent in a way specified in paragraph 6(2)(a), (b), (c) or (d) above.

(3) A qualifying member who withdraws an application may make another.

Part III Transfers in

Application to accept payment into scheme

11 (1) Where a member of a scheme has asked the appropriate Minister to accept a payment representing the cash equivalent of his accrued rights in any other qualifying scheme, that Minister may--

(a) to the extent to which it does not exceed the prescribed limit, accept the payment or any part of it; or

(b) refuse to accept the payment or any part of it.

(2) A request under sub-paragraph (1) above must be made--

(a) in writing;

(b) before the person making it has reached normal pension age; and

(3) In this paragraph--

"the prescribed limit" means the limit prescribed by regulations made by virtue of paragraph 13(a) below;
"qualifying scheme" means--
(a)
an occupational pension scheme, a personal pension scheme, or an annuity purchased from an authorised insurance company, which satisfies prescribed requirements; or
(b)
other prescribed pension arrangements.

Cancellation of request

12 (1) A member may, by notice in writing given to the appropriate Minister, cancel a request made by him under paragraph 11 above, at any time before it has been accepted.

(2) A transferring member who withdraws an application may make another.

Regulations

13 Regulations may--

(a) prescribe limits on the amounts which the appropriate Minister may accept under paragraph 11(1) above;

(b) make provision as to the manner in which payments are to be accepted into a scheme under this Part of this Schedule;

(c) make provision as to the benefits which are to be provided to a member to reflect any such payment accepted with respect to him;

(d) prescribe formulae, based on tables of factors provided by the Government Actuary, to be used when performing any calculation relating to the acceptance of transfer payments or the provision of benefits.

Section 24.

SCHEDULE 3 Corresponding minor amendments to other pensions enactments

Part I Amendments of the 1981 Act

Dependent children: maximum allowable remuneration

1 (1) In section 21 of the 1981 Act (meaning of "period of childhood and full-time education") in subsection (1)(c)(ii), for the words from "do not exceed" to "a year" there shall be substituted the words "do not exceed the maximum allowable remuneration".

(2) After subsection (3) of that section (meaning of "emoluments") there shall be inserted--

" (3A) For the purposes of subsection (1)(c)(ii) above, the "maximum allowable remuneration" at any time is an annual rate (£1,614 a year, at the passing of the Judicial Pensions and Retirement Act 1993) equal to that at which a pension of £250 a year--

(a) first awarded under the principal civil service pension scheme on 1st June 1972, and

(b) increased from time to time by the amount of increase that would be applied under the [1971 c. 56.] Pensions (Increase) Act 1971 to such a pension,

would (as so increased) be payable at that time, rounding any resulting fraction of £1 up to the next whole £1. "

(3) Subsections (5) and (6) of that section (orders increasing the earnings limit in subsection (1)(c)(ii)) shall cease to have effect.

Appeals

2 (1) Section 15 of the 1981 Act (which provides that the decision of the Treasury on certain questions shall be final) shall cease to have effect.

(2) After section 32 of that Act there shall be inserted--

" 32A 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 member of the scheme;

(b) the widow or widower, or any surviving dependant, of a deceased member of the scheme;

(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 member of the scheme 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--

"the administrators", in relation to a pension scheme, means the persons entrusted with the administration of the scheme;
"the appropriate Minister" means--
(a)
in relation to any judicial office whose jurisdiction is exercised exclusively in relation to Scotland, the Secretary of State; or
(b)
subject to paragraph (a) above, the Lord Chancellor;
"member", in relation to a pension scheme, means a person whose service in an office is, was or is to be subject to the scheme;
"regulations" means regulations made by the appropriate Minister;
"relevant pension scheme" means any pension scheme constituted under or by virtue of this Act;
"rules", in relation to a relevant pension scheme, means the provisions of this Act, and of any regulations or orders made under this Act, so far as relating to that scheme. "

Additional voluntary contributions

3 (1) Section 33A of the 1981 Act (which confers power to make regulations entitling any member of a judicial pension scheme constituted by that Act or by the [1961 c. 42.] Sheriffs' Pensions (Scotland) Act 1961 to make voluntary contributions towards the provision of additional benefits under the scheme) shall be amended in accordance with the following provisions of this paragraph.

(2) In subsection (1), after the word "provision" there shall be inserted "(a)" and for the words "under the scheme" there shall be substituted the words " whether under the scheme or otherwise; or

(b) imposing conditions with respect to the exercise by any such person of any entitlement (whether or not under paragraph (a) above) which he may have to make any such voluntary contributions. "

(3) After that subsection there shall be inserted--

" (1A) The regulations may make provision for the purpose of imposing, in a case where a member makes voluntary contributions, upper limits with respect to--

(a) the aggregate value of the aggregable benefits which may be paid to or in respect of any such member; and

(b) the amount which any such member may pay by way of such contributions;

and, without prejudice to the generality of paragraph (b) above, the regulations may, in particular, impose such an upper limit on the amount which a member may pay by way of voluntary contributions as will, so far as reasonably practicable, secure that the aggregate value referred to in paragraph (a) above will not exceed the limit prescribed under that paragraph.

(1B) The regulations may--

(a) prescribe the manner in which aggregable benefits are to be valued for the purpose of any such aggregation as is mentioned in subsection (1A) above;

(b) confer on the administrators of a judicial pension scheme power to require a member who is making, or who wishes to make, voluntary contributions to provide such information as they may require concerning any retained benefits of his;

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