The Pensions Increase (Judicial Pensions) Regulations 1972

1.  These Regulations may be cited as the Pensions Increase (Judicial Pensions) Regulations 1972, and shall come into operation on 24th February 1972.

2.—(1) In these Regulations—

“the 1971 Act” means the Pensions (Increase) Act 1971;

“judicial pension” means any of the pensions specified in the Schedule to these Regulations.

(2) Any reference in these Regulations to the provisions of any enactment or instrument shall be construed, unless the context otherwise requires, as a reference to those provisions as amended by any subsequent enactment or instrument.

(3) The Interpretation Act 1889 shall apply for the interpretation of these Regulations as it applies for the interpretation of an Act of Parliament.

3.  The provisions of the 1971 Act shall apply in relation to a judicial pension subject to the modifications specified in the following provisions of these Regulations.

4.—(1) Subject to the provisions of these Regulations, the increase that may be made in a judicial pension under the 1971 Act shall be the amount necessary to bring the annual rate up to that arrived at by applying the multiplier given, for the period in which the pension began, in column 3 of the table set out below the description of the pension in the Schedule to these Regulations—

(a) in a case where the multiplier is not marked with an asterisk, to the basic rate of the pension, or

(b) in a case where the multiplier is marked with an asterisk, to the 1971 rate with the addition (if any) to be made to that rate under section 6(5) of the 1971 Act.

(2) Where a judicial pension begins after the last, or only, date given in column 2 of the table relating to the pension in the Schedule to these Regulations, no increase shall be payable on that pension under the 1971 Act.

5.—(1) Where a judicial pension is a derivative pension which first becomes payable after the coming into operation of these Regulations, the increase that may be made in it under the 1971 Act shall be the amount necessary to bring the annual rate up to whichever is the higher of—

(a) the annual rate to which it may be increased in accordance with Regulation 4 above, or

(b) the annual rate arrived at by multiplying by 1·1800 the 1971 rate (ascertained in accordance with paragraph (2) below) with the addition (if any) to be made to that rate under section 6(5) of the 1971 Act.

(2) Where a judicial pension falls to be increased in accordance with paragraph (1)(b) above by reference to the 1971 rate, that rate shall be ascertained in accordance with section 6(4) of the 1971 Act, but the pension shall, for the purposes of the Pensions (Preservation of Increases) Order 1971(1), be taken to have begun on the date given in column 1 of the table relating to the pension in the Schedule to these Regulations as the date preceding the period during which the pension actually began.

6.  Any increase of pension payable by virtue of these Regulations shall take effect from 1st September 1971.

Given under the official seal of the Minister for the Civil Service on 27th January 1972.

L.S.

K. H. McNeill

Authorised by the Minister for the Civil Service