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Judicial Pensions and Retirement Act 1993
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- 1993 c. 8
- SCHEDULE 3
- Part I
- Appeals
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- S.I. 2003/754 art. 2 commences (2002 c. 41)
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- S.I. 2003/1900 art. 2 commences (2003 c. 21)
- S.I. 2003/2961 art. 4-7 commences (2002 c. 32)
- S.I. 2003/3142 art. 2-4 commences (2002 c. 11 and 2003 c. 21)
- S.I. 2004/571 Sch. amendment to earlier commencing SI 2003/1667 Sch. para. 1
- S.I. 2004/1104 art. 3 commences (2003 c. 39)
- S.I. 2004/3350 art. 2 Sch. commences (2004 c. 35)
- S.I. 2005/565 art. 2 commences (2004 c. 19)
- S.I. 2005/910 art. 3 commences (2003 c. 39)
- S.I. 2005/2505 art. 2 commences (2005 c. 4)
- S.I. 2006/560 art. 2 Sch. commences (2004 c. 35)
- S.I. 2006/1014 art. 2 Sch. 1 2 commences (2005 c. 4)
- S.I. 2006/1338 art. 3-5 Sch. 1 2 commences (2005 c. 18)
- S.I. 2006/3272 art. 2 Sch. 1-3 commences (2005 c. 19)
- S.I. 2007/1897 art. 2 commences (2005 c. 9)
- S.I. 2007/2709 art. 2-6 commences (2007 c. 15)
- S.I. 2008/751 art. 2 commences (2006 c. 50)
- S.I. 2008/839 art. 2 commences (2007 c. 18)
- S.I. 2008/2696 art. 2 5 6 commences (2007 c. 15)
- S.I. 2009/1604 art. 2 commences (2005 c. 4)
- S.I. 2010/2356 art. 3 commences (2006 c. 26)
- S.I. 2011/3034 art. 2-4 commences (2011 c. 19)
- S.R. 2009/324 art. 2 commences (2008 c. 12 (N.I.))
AppealsE+W+S
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.E+W+S
(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;
(c)where the decision relates to the question—
(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.”
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