Judicial Pensions Act 1981

Section 36.

SCHEDULE 3 Consequential Amendments

Supreme Court of Judicature (Consolidation) Act 1925 (c. 49)

1 Section 118 of the Supreme Court of Judicature (Consolidation) Act 1925 (which treats certain officers of the Supreme Court as employed in the civil service for the purposes of salary and pension) so far as it relates to pension shall not apply to any officer of the Supreme Court within paragraph 1 of Schedule 1 to this Act.

Superannuation Act 1965 (c. 74)

2 In section 39A of the Superannuation Act 1965 (inserted by section 30 of the Administration of Justice Act 1969) for subsection (6) substitute—

“(6) In this section—

• "judicial office" means any judicial office as defined in section 16 of the Judicial Pensions Act 1981, with paragraphs 5, 6 and 10 of Schedule 2 to that Act and any office to which Part II of that Act applies as it applies to a judical office so defined,

• " judicial office remunerated out of central funds " means any judicial office with the exception of stipendiary magistrate pensionable under section 33 of the Justices of the Peace Act 1949, or recorder of Liverpool or Manchester,

• " pension " has the meaning assigned to it by section 38(6) of this Act.”

Parliamentary Commissioner Act 1967 (c. 13)

3 (1) Schedule 1 to the Parliamentary Commissioner Act 1967 shall be amended as follows.

(2) In paragraph 1 as amended by paragraph 63 of Schedule 6 to the Superannuation Act 1972 for "Schedule 1 to the Judicial Pensions Act 1959 " substitute " section 1 of the Judicial Pensions Act 1981 ".

(3) In paragraph 2 for the words from " Judicial Pensions Act 1959 " to " dependants pensions)" substitute " sections 2 to 4 and 17 to 24 of the Judicial Pensions Act 1981, ", and for the words from " Schedule 1 to the said Act of 1959 " to the end of the paragraph substitute " section 1 of the Judicial Pensions Act 1981 and service in any such office ".

Superannuation (Miscellaneous Provisions) Act 1967 (c. 28)

4 (1) The Superannuation (Miscellaneous Provisions) Act 1967 shall be amended as follows.

(2) In section 3(3) for "the Administration of Justice (Pensions) Act 1950" substitute " section 6 of the Judicial Pensions Act 1981 ".

(3) For section 3(4) substitute—

“(4) This section applies to the following offices—

• Sheriff principal or salaried sheriff in Scotland.

• Judge Advocate General.

• Member of Lands Tribunal, or Lands Tribunal for Scotland.

• Chairman of the Scottish Land Court.

• President of Industrial Tribunals, or other office pensionable under section 12 of the Judicial Pensions Act 1981.

• Social Security Commissioner.

• Any office within paragraph 1 of Schedule 1 to the Judicial Pensions Act 1981 (certain officers of Supreme Court in England and Wales, county court registrars and president of the Transport Tribunal).

• Permanent Secretary to the Lord Chancellor.

• Official Solicitor to the Supreme Court.

• Registrar, Chancery Division of the Supreme Court.

• Lord Chancellor's Medical Visitor.

• Member of the Restrictive Practices Court appointed under section 3(1) of the [1976 c. 33.] Restrictive Practices Act 1976.”

Courts Act 1971 (c. 23)

5 In section 19(5) of the Courts Act 1971 for " the Administration of Justice (Pensions) Act 1950 " substitute " section 16 of the Judicial Pensions Act 1981 ".

6 (1) Schedule 2 to the Courts Act 1971 shall be amended as follows.

(2) In paragraphs 5, 6, 7 and 8 references to section 19 of that Act shall include references to section 5 and Part II of this Act.

(3) In paragraph 9(1)(a) for "19 of this Act" substitute " 5 of the Judicial Pensions Act 1981 ".

(4) In paragraph 9(1)(b) for " subsection (5) of that section" substitute " section 19(5) of this Act ".

Pensions (Increase) Act 1971 (c. 56)

7 (1) The Pensions (Increase) Act 1971 shall have effect in relation to the pensions specified in sub-paragraph (2) below as if they were included in Part I of Schedule 2 to that Act.

(2) (a) A pension payable under Part I of, or Schedule 1 to, this Act, other than a pension payable under section 11 of this Act.

(b) A pension payable out of the Consolidated Fund, or out of money provided by Parliament, under Part II of this Act.

(3) Sub-paragraph (2)(b) above includes a widow's or children's pension in respect of service as chairman or deputy chairman of the Monopolies and Mergers Commission, or a pension payable out of money provided by Parliament in accordance with any recommendation under paragraph 5 of Schedule 1 to the [1965 c. 50.] Monopolies and Mergers Act 1965.

(4) In the case of a pension under section 13 of this Act it shall be the duty of the Secretary of State to increase the pension in accordance with the Pensions (Increase) Act 1971.

Superannuation Act 1972 (c. 11)

8 (1) In section 13(1) of the Superannuation Act 1972 for " Schedule 1 to the Judicial Pensions Act 1959 " substitute " section 1 of the Judicial Pensions Act 1981 ".

(2) In subsection (2) of the said section 13 for the words from " the Judicial Pensions Act 1959 " to " dependants' pensions " substitute " Chapter I of Part I and sections 17 to 24 of the Judicial Pensions Act 1981 ", and for the words from " Schedule 1 to the said Act of 1959 " to the end of the subsection substitute " section 1 of that Act and service in any such office ".

Administration of Justice Act 1973 (c. 15)

9 In section 9(4) of the Administration of Justice Act 1973 for "the Administration of Justice (Pensions) Act 1950" substitute " section 16 of the Judicial Pensions Act 1981 ".

Social Security Act 1980 (c.30)

10 In section 13(5)(a) of the Social Security Act 1980 for "paragraph 5 or 6 of Schedule 10 to the principal Act " substitute " section 13 or 32 of the Judicial Pensions Act 1981. "