Judicial Pensions Act 1981

Prospective

[Part I U.K. General

Interpretation U.K.

1 [F1 (1)]] In this Schedule— U.K.

[F2 “authorised insurer” means—

(i)

a person who has permission under Part 4 of the Financial Services and Markets Act 2000 to effect or carry out contracts of long-term insurance, or

(ii)

an EEA firm of the kind mentioned in paragraph 5(d) of Schedule 3 to that Act, which has permission under paragraph 15 of that Schedule (as a result of qualifying for authorisation under paragraph 12 of that Schedule) to effect or carry out contracts of long-term insurance;]

• “disregarded service”, in relation to any member of a scheme, means any period of service in judicial office during which an election under section 14A(9) above is in force in respect of the qualifying member;

• “normal pension age” means the earliest age at which, if his service had continued until retirement at that age, a member of a scheme might have been entitled to receive a pension under the scheme;

• “prescribed” means prescribed by regulations;

• “protected rights” has the same meaning as in the [F3 the Pension Schemes Act 1993] and, in relation to Northern Ireland, the [F4 the Pension Schemes (Northern Ireland) Act 1993];

• “qualifying member” means a person to whom Part II of this Schedule applies;

• “qualifying service” means the service, or relevant 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 this Act or the Sheriffs’ Pensions (Scotland) Act M1 1961.

[F5 (2) The definition of “authorised insurer” in sub-paragraph (1) must be read with—

(a) section 22 of the Financial Services and Markets Act 2000;

(b) any relevant order under that section;

(c) Schedule 2 to that Act.]

Textual Amendments

F1 Sch. 1A para. 1 becomes Sch. 1A para. 1(1) (1.12.2001) by virtue of 1990 c.41, Sch. 13 (as amended (1.12.2001) by S.I. 2001/3649, art. 326(1)(2))

F2 Sch. 1A para. 1: definition of “authorised insurer” substituted for definition of “authorised insurance company” (1.12.2001) by 1990 c. 41, Sch. 13 (as amended (1.12.2001) by S.I. 2001/3649, art. 326(1)(3))

F3 Words in Sch. 1A para. 1 substituted (7.2.1994) by 1993 c. 48, s. 190, Sch. 8 para. 14(a) (with s. 164); S.I. 1994/86, art. 2

F4 Words in Sch. 1A para. 1 substituted (N.I.) (7.2.1994) by 1993 c. 49, s. 184, Sch. 7 para. 18(a); S.R. 1994/17, art. 2

F5 Sch. 1A para. 1(2) inserted (1.12.2001) by 1990 c. 41, Sch. 13 (as amended (1.12.2001) by S.I. 2001/3649, art. 326(1)(4))

Modifications etc. (not altering text)

C1 Sch. 1A para. 1 amended (1.7.1994) by S.I. 1994/1696, reg. 68, Sch. 8 Pt. I para. 7(2)

Marginal Citations

M1 1961 c. 42 (71:2).

Regulations U.K.

2 U.K. Regulations for the purposes of this Schedule—

(a) may be made, with the concurrence of the Treasury, by the Lord Chancellor or, in relation to Scotland, the Secretary of State;

(b) shall be made by statutory instrument;

(c) shall be subject to annulment in pursuance of a resolution of either House of Parliament;

(d) may make different provision for different cases; and

(e) may make provision for consequential, transitional and incidental matters.

Other provisions about transfer values U.K.

3 U.K. [F6 Chapter 1 of Part 4ZA of the Pension Schemes Act 1993] (transfer values) and [F7 Chapter 1 of Part 4ZA of the Pension Schemes (Northern Ireland) Act 1993] (corresponding Northern Ireland provisions) shall not apply in relation to those schemes to which this Schedule applies.

Textual Amendments

F6 Words in Sch. 1A para. 3 substituted (6.4.2015) by Pension Schemes Act 2015 (c. 8), s. 89(3)(b), Sch. 4 para. 1 (with s. 87)

F7 Words in Sch. 1A para. 3 substituted (6.4.2015) by Pension Schemes Act 2015 (c. 8), s. 89(3)(b), Sch. 4 para. 47 (with s. 87)