Judicial Pensions and Retirement Act 1993 (c. 8)

(The document as of February, 2008)

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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.

Effect of election to continue in former 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.

Effect of election for the 1993 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.

Effect of election for, or to continue in, the civil service scheme

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 [1972 c. 11.] 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.

Effect of election to continue in the old judicial scheme

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.

Time for, and manner of, election

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.

Regulations

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 [1965 c. 74.] 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,

(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.

Pensions and benefits to be charged on the Consolidated Fund

9 Any pension or other benefit granted by virtue of this Schedule shall be charged on, and issued out of, the Consolidated Fund.

Interpretation

10 In this Schedule--

"the 1981 Act" means the [1981 c. 20.] 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--
(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, within the meaning of the 1993 Act, but does not include the civil service scheme;
"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

3 (1) Section 107 of the [1977 c. 49.] 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 [1967 c. 13.] 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

4 (1) Section 91 of the [1978 c. 29.] 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 [1967 c. 13.] 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".

(5) The amendments made by sub-paragraphs (2) to (4) above have effect only in relation to Schedule 1 to the [1967 c. 13.] 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 [1978 c. 29.] 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

5 (1) The [S.I. 1987/460 (N.I. 5).] 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--

" Pension of Comptroller and Auditor General: supplementary

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 [S.I. 1972/1073 (N.I. 10).] 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 [1967 c. 24 (N.I.).] Superannuation Act (Northern Ireland) 1967 or section 39A of the [1965 c. 74.] 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

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 [1946 c. 36.] 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--
(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, within the meaning of the 1993 Act, but does not include the civil service scheme. "

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

6 (1) The [1969 c. 10 (N.I.).] Parliamentary Commissioner Act (Northern Ireland) 1969 shall be amended in accordance with the following provisions of this paragraph.

(2) In subsection (3) of section 2 (power to determine the pension and other benefits payable to person who has held office as Commissioner) at the beginning there shall be inserted the words "Subject to subsections (4A) and (4B),".

(3) After subsection (4) of that section there shall be inserted the following subsections--

" (4A) Subsection (3) shall not apply in relation to pension and other benefits payable to or in respect of a person who first holds the office of Commissioner on or after the day appointed for the coming into force of Part V of Schedule 4 to the Judicial Pensions and Retirement Act 1993.

(4B) The provisions of Schedule 1A shall have effect with respect to the pensions and other benefits to be paid to or in respect of persons who have held office as Commissioner. "

(4) In subsection (5) of that section, at the end there shall be added the words "or by virtue of Schedule 1A".

(5) In subsection (6) of that section, at the beginning there shall be inserted the words "Except insofar as Schedule 1A otherwise provides".

(6) Immediately before Schedule 1 there shall be inserted the following Schedule--

Section 2.

" SCHEDULE 1A Pensions and Other Benefits

Persons taking office after the appointed day

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 Article 3 of the [S.I. 1972/1073 (N.I. 10).] Superannuation (Northern Ireland) Order 1972 to the civil service of Northern Ireland ("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.

Transitional provision for persons appointed before the appointed day

2 If a person who held the office of Commissioner before the appointed day has made an election under the former enactment 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.

Effect of election to continue in former scheme

Effect of election for the 1993 scheme

4 (1) A person who elects under paragraph 1(b) or 2(b) 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;

(2) Subject to regulations under this Schedule, in the application of provisions of the 1993 Act by virtue of sub-paragraph (1), 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;

(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

(i) where a pension had commenced to be paid to him by virtue of sub-paragraph (1), 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), 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(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.

Effect of election for, or to continue in, the civil service scheme

5 Where a person elects under this Schedule for the civil service scheme, the principal civil service pension scheme within the meaning of Article 4 of the [S.I. 1972/1073 (N.I. 10).] Superannuation (Northern Ireland) Order 1972 and for the time being in force shall apply as if his service as Commissioner were service in employment in the civil service of Northern Ireland.

Effect of election to continue in the old judicial scheme

6 Where a person elects under this Schedule for the old judicial scheme, that scheme and the former enactment shall continue to have effect in relation to him and his service in the office of Commissioner.

Time for, and manner of, election

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.

Regulations

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 of the [1967 c. 24 (N.I.).] Superannuation Act (Northern Ireland) 1967 or section 39A of the [1965 c. 74.] 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,

(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) 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), 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) Regulations made under this Schedule shall be subject to annulment in like manner as a statutory instrument and section 5 of the [1946 c. 36.] Statutory Instruments Act 1946 shall apply accordingly.

Pensions and benefits to be charged on the Consolidated Fund

9 Any pension or other benefit granted by virtue of this Schedule (except a pension or other benefit under the civil service scheme or the old judicial scheme) shall be charged on, and issued out of, the Consolidated Fund of the United Kingdom.

Interpretation

10 In this Schedule--

"the 1993 Act" means the Judicial Pensions and Retirement Act 1993;
"the appointed day" means the day on which Part V of Schedule 4 to the 1993 Act comes into force;
"the former enactment" means the [S.R. & O. (N.I.) 1973 No. 455.] Parliamentary Commissioner and Commissioner for Complaints (Pension) Order (Northern Ireland) 1973 as it had effect from time to time before the appointed day;
"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, within the meaning of the 1993 Act, but does not include the civil service scheme;
"the old judicial scheme" means the scheme of pensions and other benefits set out in Part II of the Parliamentary Commissioner and Commissioner for Complaints (Pension) Order (Northern Ireland) 1973. "

7 (1) The [1969 c. 25 (N.I.).] Commissioner for Complaints Act (Northern Ireland) 1969 shall be amended in accordance with the following provisions of this paragraph.

(2) In subsection (2) of section 2 (remuneration), at the end there shall be added the words "or payable by virtue of Schedule 1A".

(3) In subsection (3) of that section, at the beginning there shall be inserted "Except insofar as Schedule 1A otherwise provides".

(4) After that subsection there shall be added--

" (4) The provisions of Schedule 1A shall have effect with respect to the pensions and other benefits to be paid to or in respect of persons who have held office as Commissioner. "

(5) After subsection (1) of section 13 (power to make provision by order) there shall be inserted the following subsection--

" (1A) Paragraph (c) of subsection (1) shall not apply in relation to pension and other benefits payable to or in respect of a person who first holds the office of Commissioner on or after the day appointed for the coming into force of Part V of Schedule 4 to the Judicial Pensions and Retirement Act 1993. "

(6) Immediately before Schedule 1 there shall be inserted as Schedule 1A the Schedule set out in paragraph 6(6) above.

Section 26.

SCHEDULE 5 Retirement provisions: the relevant offices

Lord of Appeal in Ordinary
Judge of the Supreme Court of England and Wales, other than the Lord Chancellor
Deputy judge of the High Court
Lord President of the Court of Session
Lord Justice Clerk
Judge of the Court of Session
Temporary Judge of the Court of Session
Lord Chief Justice of Northern Ireland
Lord Justice of Appeal in Northern Ireland
Judge of the High Court of Justice in Northern Ireland
Circuit judge
Sheriff principal or sheriff in Scotland
Temporary sheriff principal or temporary sheriff in Scotland
County Court judge in Northern Ireland
Deputy County Court judge in Northern Ireland
Master, Queen's Bench Division
Deputy or temporary Master, Queen's Bench Division, appointed under subsection (1) of section 91 of the [1981 c. 54.] Supreme Court Act 1981 otherwise than by virtue of subsection (3) of that section
Admiralty Registrar
Deputy or temporary Admiralty Registrar appointed under subsection (1) of section 91 of the [1981 c. 54.] Supreme Court Act 1981 otherwise than by virtue of subsection (3) of that section
Master, Chancery Division
Deputy or temporary Master, Chancery Division, appointed under subsection (1) of section 91 of the [1981 c. 54.] Supreme Court Act 1981 otherwise than by virtue of subsection (3) of that section
Registrar in Bankruptcy of the High Court
Deputy or temporary Registrar in Bankruptcy of the High Court appointed under subsection (1) of section 91 of the [1981 c. 54.] Supreme Court Act 1981 otherwise than by virtue of subsection (3) of that section
Taxing Master of the Supreme Court
Deputy or temporary Taxing Master of the Supreme Court appointed under subsection (1) of section 91 of the [1981 c. 54.] Supreme Court Act 1981 otherwise than by virtue of subsection (3) of that section
District judge of the principal registry of the Family Division
Deputy or temporary district judge of the principal registry of the Family Division appointed under subsection (1) of section 91 of the [1981 c. 54.] Supreme Court Act 1981 otherwise than by virtue of subsection (3) of that section
Registrar of Civil Appeals
Deputy or temporary Registrar of Civil Appeals appointed under subsection (1) of section 91 of the [1981 c. 54.] Supreme Court Act 1981 otherwise than by virtue of subsection (3) of that section
Master of the Court of Protection
Deputy or temporary Master of the Court of Protection appointed under subsection (1) of section 91 of the [1981 c. 54.] Supreme Court Act 1981 otherwise than by virtue of subsection (3) of that section
District judge (whether appointed under section 100 of the Supreme Court Act 1981 or section 6 of the [1984 c. 28.] County Courts Act 1984)
Deputy district judge appointed under section 102 of the [1981 c. 54.] SupremeCourt Act 1981, except in a case where the person in question has previously held office as a district judge for a district registry
Deputy district judge appointed under section 8 of the [1984 c. 28.] County Courts Act 1984, except in a case where the person in question has previously held office as a district judge for a county court district
Recorder
Assistant Recorder
Any appointment under section 70 or 75(1) of the [1978 c. 23.] Judicature (Northern Ireland) Act 1978 to an office from time to time specified in column 1 of Schedule 3 to that Act (statutory office) or any appointment under section 74 of that Act to act in any such office
Stipendiary magistrate in England and Wales
Resident Magistrate appointed under the [1964 c. 21 (N.I.).] M
President of social security appeal tribunals, medical appeal tribunals, disability appeal tribunals and child support appeal tribunals in Northern Ireland
Chairman of social security appeal tribunals, medical appeal tribunals and disability appeal tribunals
Chairman of child support appeal tribunals
Chairman of social security appeal tribunals, medical appeal tribunals and disability appeal tribunals in Northern Ireland
Chairman of child support appeal tribunals in Northern Ireland
Chairman of vaccine damage tribunals
Chairman of the Foreign Compensation Commission
Commons Commissioner
President of the Industrial Tribunals (England and Wales)
President of the Industrial Tribunals (Scotland)
President or Vice-President of Industrial Tribunals and of the Fair Employment Tribunal (Northern Ireland)
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 in Northern Ireland, appointed in pursuance of regulations under Article 30 of the [S.I. 1984/1159 (N.I. 9).] Industrial Training (Northern Ireland) Order 1984
Chairman of the Fair Employment Tribunal, appointed under section 3(1)(c) of the [1989 c. 32.] Fair Employment (Northern Ireland) Act 1989
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
Member of the Employment Appeal Tribunal appointed under section 135(2)(c) of the Employment Protection (Consolidation) Act 1978
President or other member of the Lands Tribunal, the Lands Tribunal for Scotland or the Lands Tribunal for Northern Ireland
Judge Advocate General
Judge Advocate of Her Majesty's Fleet
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
Deputy Special Commissioner appointed under section 4A of the [1970 c. 9.] Taxes Management Act 1970
President or other member of the Immigration Appeal Tribunal
Immigration adjudicator
President or other member of Pensions Appeal Tribunals
Chairman or other member of a Mental Health Review Tribunal constituted under the [1983 c. 20.] Mental Health Act 1983
Member of the Financial Services Tribunal appointed by the Lord Chancellor
Chairman of a tribunal constituted for the purposes of sections 14 and 15 of the [1971 c. 38.] Misuse of Drugs Act 1971
Chairman of an advisory body constituted for the purposes of section 14 of the Misuse of Drugs Act 1971
Appointed member of the Restrictive Practices Court, within the meaning of section 3 of the [1976 c. 33.] Restrictive Practices Court Act 1976
Chairman or other member of the tribunal constituted by section 706 of the [1988 c. 1.] Income and Corporation Taxes Act 1988
Arbitrator appointed under paragraph 1(5) of Schedule 11 to the [1986 c. 5.] Agricultural Holdings Act 1986
Chairman, deputy-chairman or other member of an Agricultural Land Tribunal (other than an assessor added to the Tribunal under paragraph 16(2) of Schedule 9 to the [1947 c. 48.] Agriculture Act 1947)
President of the Aircraft and Shipbuilding Industries Arbitration Tribunal
Chairman of a tribunal established by section 29 of the [1963 c. 2.] Betting, Gaming and Lotteries Act 1963
Chairman or deputy chairman of the Copyright Tribunal
Chairman or deputy chairman of the Data Protectio 1985

Section 26.

SCHEDULE 6 Retirement dates for certain judicial offices

The Judicial Committee of the Privy Council

1 (1) At the end of section 3 of the [1887 c. 70.] Appellate Jurisdiction Act 1887 (Judicial Committee of the Privy Council to include such members of the Privy Council as are holding or have held high judicial office) there shall be added the words "but no person shall be a member of that Committee by virtue of this section at any time after the day on which he attains the age of seventy-five years unless he is for the time being the Lord Chancellor of Great Britain."

(2) At the end of section 1 of the [1881 c. 3.] Judicial Committee Act 1881 (person holding, or who has held, the office of Lord Justice of Appeal, if a member of the Privy Council, to be a member of the Judicial Committee) there shall be added the words "but no person shall be a member of that Committee by virtue of this section at any time after the day on which he attains the age of seventy-five years."

Lords of Appeal

2 In section 5 of the [1876 c. 59.] Appellate Jurisdiction Act 1876, after paragraph (3) (peers who hold, or have held, high judicial office to be Lords of Appeal) there shall be added the words--

"but this section is subject to sections 26(7)(b) and 27 of the Judicial Pensions and Retirement Act 1993 (prohibition on participating in the hearing and determination of appeals after attaining the age of seventy-five years, except for the purpose of completing proceedings already begun)."

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

3 In subsection (1) of section 2 of the [1959 c. 9.] 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

4 In subsection (2) of section 11 of the [1981 c. 54.] 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

5 (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

6 (1) In paragraph 5 of Schedule 4 to the [1990 c. 40.] Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (appointment of temporary judges of the Court of Session) for the words "75 years" there shall be substituted the words "70 years".

(2) The said paragraph 5 as amended by sub-paragraph (1) above shall be numbered sub-paragraph (1) and there shall be added the following sub-paragraph--

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