Tribunals, Courts and Enforcement Act 2007

This section has no associated Explanatory Notes

11(1)Sub-paragraphs (2) and (3) apply where—E+W+S+N.I.

(a)a person becomes, as a result of provision under section 31(2), the holder of a new office,

(b)before that, the person has never held qualifying judicial office, and

(c)the person, on becoming the holder of the new office, holds the new office on a salaried basis.

(2)Section 1(1)(a) of the 1993 Act (Part 1 of the 1993 Act applies to a person who first holds qualifying judicial office on or after 31st March 1995) does not have effect in relation to the person.

(3)The person is entitled, subject to paragraph 12, to elect for Part 1 of the 1993 Act (judicial pensions) to apply to him.

(4)Part 1 of the 1993 Act applies to a person who makes an election under sub-paragraph (3).

(5)Sub-paragraph (4) is subject to sections 1(5) and 13 of the 1993 Act (where person has opted out of Part 1 of the 1993 Act then, except as provided by section 13 of that Act, that Part does not apply to the person).