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Courts Act 1971

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This is the original version (as it was originally enacted).

9(1)Subject to the preceding provisions of this Part of this Schedule, for the purpose of determining—

(a)the annual pension payable to a Circuit judge under section 19 of this Act, or

(b)any such derivative benefit payable to or in respect of him as is referred to in subsection (5) of that section,

service before the day appointed for the purposes of section 16 of this Act in any of the judicial offices specified in paragraph 1(2) above, and service (before 1st April 1965) as a salaried chairman or deputy chairman of the court of quarter sessions for the county of London or of Middlesex, shall be treated as service as a Circuit judge.

(2)Subject to sub-paragraph (3) below, in any case where—

(a)any such pension or derivative benefit as is referred to in sub-paragraph (1) above becomes payable to or in respect of any person ; and

(b)the period of that person's service which falls to be taken into account in determining the amount of that pension or benefit includes, by virtue of sub-paragraph (1) above, service in any judicial office specified in paragraph 1(2) above,

rules made by the Lord Chancellor with the consent of the Minister for the Civil Service may make provision for the payment of contributions towards the cost of the superannuation benefits payable to or in respect of that person by any authority which, before the appointed day, was responsible, directly or indirectly, for meeting the whole or any part of the cost of the superannuation benefits payable to or in respect of former holders of that office.

(3)Rules made under sub-paragraph (2) above shall not require the payment of any contribution in the case of a person who serves at least fifteen completed years as a Circuit judge, disregarding any period of service taken into account by virtue of sub-paragraph (1) above.

(4)The power to make rules under sub-paragraph (2) above shall be exercisable by statutory instrument, and any statutory instrument containing any such rules shall be subject to annulment in pursuance of a resolution of either House of Parliament.

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