Search Legislation

Judicial Pensions and Retirement Act 1993

What Version

 Help about what version

Advanced Features

 Help about advanced features

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Judicial Pensions and Retirement Act 1993. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

Changes and effects yet to be applied to :

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the specific provision you are viewing.

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Commencement Orders yet to be applied to the Judicial Pensions and Retirement Act 1993

 Help about changes and effects
Close

Commencement Orders

This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.

Commencement Orders bringing legislation that affects this Act into force:

Section 26.

SCHEDULE 7E+W+S+N.I. Retirement dates: transitional provisions

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

InterpretationE+W+S+N.I.

1(1)In this Schedule—E+W+S+N.I.

  • potential retirement date”, in relation to any office, shall be construed in accordance with paragraph 5 below;

  • re-appointment” to an office includes extension of a subsisting appointment to the office, otherwise than by the exercise of a continuation power.

(2)For the purposes of this Schedule, a person’s office—

(a)is “salaried” if and so long as his service in the office is remunerated by payment of a salary; and

(b)is “fee-paid” if and so long as his service in the office is remunerated by the payment of fees;

and any reference in this Schedule to a person’s being “salaried” or “fee-paid” shall be construed accordingly.

(3)Subsection (3) of section 26 of this Act applies for the purposes of this Schedule as it applies for the purposes of that section.

(4)Expressions used in this Schedule and in section 26 of this Act have the same meaning in this Schedule as they have in that section.

(5)This Schedule is without prejudice to subsections (4) to (6) of section 26 of this Act, but is subject to subsection (7) of that section and to section 27 of this Act.

[F1(6)Paragraph 2(2) has effect subject to paragraph 8(2) of Schedule 9 to the Tribunals, Courts and Enforcement Act 2007 (certain cases where the post-commencement office is that of judge, or other member, of the First-tier Tribunal or the Upper Tribunal).]

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Salaried officesE+W+S+N.I.

2(1)This paragraph applies to any person who for the time being holds, or who is seeking appointment or re-appointment to, a salaried relevant office (in this paragraph referred to as his “post-commencement office”), if—E+W+S+N.I.

(a)immediately before the appointed day, he was holding that or any other salaried relevant office (in this paragraph referred to as his “pre-commencement office”);

(b)he has at all times on and after that day held some one or other salaried relevant office (whether the same office or not); and

(c)his potential retirement date by reference to his pre-commencement office falls later than the date that would, apart from this paragraph, be the compulsory retirement date for the post-commencement office in his case.

(2)If and so long as this paragraph applies to a person—

(a)nothing in section 26 of, and no amendment made by Schedule 6 to, this Act shall—

(i)require him to vacate his post-commencement office before his potential retirement date by reference to his pre-commencement office; or

(ii)affect his eligibility for appointment or re-appointment to the post-commencement office; and

(b)that potential retirement date shall be taken for the purposes of section 26 of this Act (and, accordingly, of this Schedule) to be the compulsory retirement date for the post-commencement office in his case.

(3)If a person has two or more pre-commencement offices (so that he would, apart from this sub-paragraph, have two or more potential retirement dates) his potential retirement date for the purposes of this paragraph—

(a)shall be determined by reference only to that one of his pre-commencement offices to which he was first appointed, or

(b)shall be such later date, falling on or before the day on which he attains the age of 75, as may be agreed in writing by him and the appropriate Minister, determined by reference to that pre-commencement office;

and any reference in this Schedule to the person’s potential retirement date by reference to his pre-commencement office shall be construed accordingly.

(4)If immediately before the appointed day—

(a)a person who holds a salaried relevant office (“office A”) also holds another relevant office (“office B”), but

(b)in consequence of holding office A, he is either—

(i)unremunerated in respect of his service in office B, or

(ii)remunerated by payment of a supplement, in respect of that service, to the salary payable in respect of his service in office A,

then, in determining for the purposes of sub-paragraph (3) above the number of pre-commencement offices which that person has, and to which of them he was first appointed, he shall be taken to hold office B at that time as a salaried relevant office and to have been so holding it at all previous times when the conditions in paragraphs (a) and (b) above were fulfilled.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

Fee-paid officesE+W+S+N.I.

3(1)This paragraph applies to any person who for the time being holds, or who is seeking re-appointment to, a fee-paid relevant office, if—E+W+S+N.I.

(a)immediately before the appointed day, he was holding that office as a fee-paid office;

(b)he has at all times on and after that day held that office as a fee-paid office; and

(c)his potential retirement date by reference to that office falls later than the date that would, apart from this paragraph, be the compulsory retirement date for that office in his case.

(2)If and so long as this paragraph applies to a person—

(a)nothing in section 26 of, and no amendment made by Schedule 6 to, this Act shall—

(i)require him to vacate the office referred to in sub-paragraph (1) above before his potential retirement date by reference to that office; or

(ii)affect his eligibility for re-appointment to that office as a fee-paid office; and

(b)that potential retirement date shall be taken for the purposes of section 26 of this Act (and, accordingly, of this Schedule) to be the compulsory retirement date for that office in his case.

Persons holding a relevant office by virtue of a continuation powerE+W+S+N.I.

4Where, immediately before the appointed day, a person was holding a relevant office by virtue of the exercise of a continuation power, nothing in section 26 of this Act or this Schedule, and no amendment made by Schedule 6 to this Act, shall affect the continuing validity of that exercise of that power in relation to that person.E+W+S+N.I.

Ascertainment of potential retirement dateE+W+S+N.I.

5(1)For the purposes of this Schedule, a person’s potential retirement date by reference to an office is—E+W+S+N.I.

(a)in a case where, immediately before the appointed day, he was holding that office otherwise than by virtue of the exercise of a continuation power, the day on which he would have been required by any enactment or statutory instrument to vacate that office, apart from this Act and apart from any continuation power;

(b)in a case where, immediately before the appointed day, he was holding that office by virtue of the exercise of a continuation power, the last day of the period for which he is authorised to continue in that office by virtue of that exercise of the continuation power; or

(c)in the case of an office to which any of the following sub-paragraphs applies (offices for which there was no compulsory retirement date before the appointed day, but whose standard terms of appointment, or whose arrangements with respect to retirement, are reflected in the provisions of the sub-paragraph in question), the day specified in the sub-paragraph as the appropriate day.

(2)This sub-paragraph applies to each of the following offices, as a salaried office—

(a)Social Security Commissioner appointed before 23rd May 1980;

(b)President or other member F2. . . of the Lands Tribunal for Scotland, set up under the M1Lands Tribunal Act 1949;

(c)Commissioner for the special purposes of the Income Tax Acts, appointed under section 4 of the Taxes Management Act 1970;

(d)President or other member of the Immigration Appeal Tribunal;

(e)Chairman of the Foreign Compensation Commission;

(f)Chief or other Commons Commissioner;

(g)Chairman of [F3employment tribunals], appointed in pursuance of regulations under [F4section 1(1) of [F3the Employment Tribunals Act 1996]];

(h)Chairman of industrial tribunals or of the Fair Employment Tribunal, appointed in pursuance of regulations under [F5Article 3 of the Industrial Tribunals (Northern Ireland) Order 1996] or appointed under [F6Article 82(1)(c) of the Fair Employment and Treatment (Northern Ireland) Order 1998];

(j)president of the Industrial Court appointed in pursuance of Article 91 of the M2Industrial Relations (Northern Ireland) Order 1992;

(k)President of Pensions Appeal Tribunals;

and the appropriate day in the case of an office to which this sub-paragraph applies is the last day of the completed year of service in that office in which the person attains the age of 72.

(3)In the case of the office of immigration adjudicator (whose usual terms of appointment, whether as a salaried or a fee-paid office, require the holder to vacate it on the day on which he attains the age of 70)—

(a)this sub-paragraph applies only in those cases where, immediately before the appointed day, the office is held on terms which require the person in question to vacate it on the day on which he attains the age of 72; and

(b)where this sub-paragraph applies, the appropriate day is the day on which that person attains that age;

and, accordingly, no person shall have a potential retirement date by reference to that office (whether held as a salaried or a fee-paid office) in any other case.

(4)This sub-paragraph applies to the office of deputy judge of the High Court, as a fee-paid office; and the appropriate day in the case of an office to which this sub-paragraph applies is the day on which the person attains the age of 75.

(5)This sub-paragraph applies to each of the following offices, as a fee-paid office—

(i)in the case of appointments under subsection (1) of section 91 of the M3[F7Senior Courts Act 1981] otherwise than by virtue of subsection (3) of that section, each of the following offices—

(a)deputy or temporary Master, Queen’s Bench Division;

(b)deputy or temporary Admiralty Registrar;

(c)deputy or temporary Master, Chancery Division;

(d)deputy or temporary Registrar in Bankruptcy of the High Court;

(e)deputy or temporary Taxing Master of the [F8Senior Courts];

(f)deputy or temporary Registrar of Civil Appeals;

(g)F9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii)assistant Recorder;

F10(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10(iv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(v)Chairman of the Foreign Compensation Commission;

(vi)Commons Commissioner;

(vii)chairman of [F3employment tribunals], appointed in pursuance of regulations under [F11section 1(1) of [F3 the Employment Tribunals Act 1996]];

(viii)chairman of industrial tribunals or of the Fair Employment Tribunal, appointed in pursuance of regulations under [F5Article 3 of the Industrial Tribunals (Northern Ireland) Order 1996] or appointed under [F6Article 82(1)(c) of the Fair Employment and Treatment (Northern Ireland) Order 1998];

(ix)president of the Industrial Court appointed in pursuance of Article 91 of the M4Industrial Relations (Northern Ireland) Order 1992;

(x)President or other member F2. . . of the Lands Tribunal for Scotland, set up under the M5Lands Tribunal Act 1949;

(xi)Commissioner for the special purposes of the Income Tax Acts, appointed under section 4 of the M6Taxes Management Act 1970;

(xii)deputy Special Commissioner, appointed under section 4A of the Taxes Management Act 1970;

(xiii)President or other member of the Immigration Appeal Tribunal;

(xiv)President or other member of Pensions Appeal Tribunals;

(xv)Chairman or member of a Mental Health Review Tribunal constituted under the M7Mental Health Act 1983;

(xvi)member of the Financial Services Tribunal appointed by the Lord Chancellor;

(xvii)chairman of a tribunal constituted for the purposes of sections 14 and 15 of the M8Misuse of Drugs Act 1971;

(xviii)chairman of an advisory body constituted for the purposes of section 14 of the M9Misuse of Drugs Act 1971;

(xix)appointed member of the Restrictive Practices Court, within the meaning of section 3 of the M10Restrictive Practices Court Act 1976;

(xx)chairman or other member of the tribunal constituted by section 706 of the M11Income and Corporation Taxes Act 1988;

(xxi)F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(xxii)chairman or deputy-chairman of an Agricultural Land Tribunal;

(xxiii)President of the Aircraft and Shipbuilding Industries Arbitration Tribunal;

(xxiv)Chairman of a tribunal established by section 29 of the M12Betting, Gaming and Lotteries Act 1963;

(xxv)chairman or deputy chairman of the Copyright Tribunal;

(xxvi)F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(xxvii)F14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(xxviii)president of a tribunal constituted under Schedule 3 to the M13Industry Act 1975;

(xxix)chairman of the tribunal constituted under Schedule 9 to the M14National Health Service Act 1977;

(xxx)Chairman of the Plant Varieties and Seeds Tribunal;

(xxxi)chairman of a Registered Homes Tribunal constituted under the M15Registered Homes Act 1984;

(xxxii)F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(xxxiii)wreck commissioner appointed under section 82 of the M16Merchant Shipping Act 1970;

(xxxiv)Chairman of a Reinstatement Committee constituted under the M17Reserve Forces (Safeguard of Employment) Act 1985;

and the appropriate day in the case of an office to which this sub-paragraph applies is the last day of the completed year of service in the office in which the person attains the age of 72.

(6)This sub-paragraph applies to each of the following offices, as a fee-paid office—

(a)deputy or temporary district judge of the principal registry of the Family Division appointed under subsection (1) of section 91 of the M18[F7Senior Courts Act 1981] otherwise than by virtue of subsection (3) of that section;

(b)deputy district judge appointed under section 102 of the M19[F7Senior Courts Act 1981], except in a case where the person in question has previously held office as a district judge for a district registry;

(c)deputy district judge appointed under section 8 of the M20County 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;

(d)Deputy Resident Magistrate, appointed under the M21Magistrates’ Courts Act (Northern Ireland) 1964;

(e)member of an Agricultural Land Tribunal, other than chairman, deputy chairman or an assessor added to the Tribunal under paragraph 16(2) of Schedule 9 to the M22Agriculture Act 1947;

(f)chairman or other member of Rent Assessment Committees appointed by the Lord Chancellor under Schedule 10 to the M23Rent Act 1977;

and the appropriate day in the case of an office to which this sub-paragraph applies is the last day of the completed year of service in that office in which the person attains the age of 70.

(7)This sub-paragraph applies to the office of member of the Employment Appeal Tribunal appointed under [F16section 22(1)(c) of [F3the Employment Tribunals Act 1996]], as a fee-paid office; and the appropriate day in the case of an office to which this sub-paragraph applies is the 31st March next following the day on which the person attains the age of 70.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F4Words in Sch. 7 para. 5(2)(g) substituted (E.W.S) (22.8.1996) by 1996 c. 17, ss. 43, 46, Sch. 1 para. 10(4)(a) (with s. 38)

F6Words in Sch. 7 paras. 5(2)(h)(5)(viii) substituted (1.3.1999) by 1998/3162 (N.I. 21), art. 105(1), Sch. 3; S.R. 1999/81, art. 3(1)

F10Sch. 7 para. 5(iii)(iv) repealed (29.11.1999 except for specified purposes) by 1998 c. 14, s. 86(2), Sch. 8; S.I. 1999/3178, art. 2(1)(2), Sch. 1 (subject to transitional provisions in Schs. 21-23)

F11Words in Sch. 7 para. 5(5)(vii) substituted (E.W.S.) (22.8.1996) by 1996 c. 17, ss. 43, 46, Sch. 1 para. 10(4)(a) (with s. 38)

F14Sch. 7 para. 5(5)(xxvii) repealed (1.9.2003 for E.S.N.I. and 1.1.2004 for W.) by Education Act 2002 (c. 32), ss. 215(2), 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4 (with transitional provisions and savings in Sch. 1) (as amended by S.I. 2004/571 and S.I. 2005/2570); S.I. 2003/2961, art. 6, Sch. Pt. 3

F15Sch. 7 para. 5(5)(xxxii) repealed (25.7.2003 for certain transitional purposes) by Communications Act 2003 (c. 21), ss. 406, 411(2)(3), Sch. 19(1) (with Note 1 and with transitional provisions in Sch. 18); S.I. 2003/1900, arts. 2, 3, Sch. 1

F16Words in Sch. 7 para. 5(7) substituted (E.W.S.) (22.8.1996) by 1996 c. 17, ss. 43, 46, Sch. 1 para. 10(4)(b) (with s. 38)

Marginal Citations

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources