The Pensions Increase (Judicial Pensions) (Amendment) Regulations 1978

EXPLANATORY NOTE

The Pensions Increase (Judicial Pensions) Regulations 1972 provide that increases which may be made to judicial pensions, including pensions of former Lord Chancellors, shall be calculated by multiplying the basic pension payable under the relevant statutory provision by a decimal fraction. This ensures in the case of a former Lord Chancellor, that his pension shall not exceed that of the present Lord Chancellor should he resign his office. These Regulations, which amend the 1972 Regulations, remove the provision relating to the multiplier for the Lord Chancellor's pension and replace it by one which imposes the restriction on pension increases expressly. Analogous provision is made for widows' and children's pensions.

The Regulations also preserve the practice that in calculating the increase on the pension payable under the Pensions (Increase) Act 1971 in respect of the office of Lord Chancellor, it is deemed that the Lord Chancellor in question resigned office, or died, as the case may be, on the date when the amount payable by way of pension in respect of such office was last increased, and not on the date of his resignation or death.

The Regulations also provide that where the amount payable by way of pension in respect of the office of Lord Chancellor is increased, any amount which, by the operation of the restriction contained in the new Regulation 7(1) and (2), is withheld from payment to persons who are already receiving such pension shall, subject to the continuing operation of that restriction to the increased pension, be payable from the date of the increase. In accordance with the power conferred by section 5(4) of the 1971 Act, the Regulations provide that any such increases of pension may take effect from a date which may precede the date of making the Regulations, but no such increase may take effect before 30th July 1977.