26.—(1) Paragraphs 24(3)(c) and (4)(c) and 25(3)(c) and (4)(c) above do not affect the position of any person under the Superannuation Act 1972 in relation to the person’s employment by the Chief Inspector or the Commission, or the person’s service as the Chief Inspector or a Commissioner, before the coming into force of this Order.
(2) The Chief Inspector and the Commission must, accordingly, continue to make payments to the Minister for the Civil Service under the following provisions despite their repeal by the provisions mentioned in sub-paragraph (1) above—
(a)paragraph 3(4) of Schedule 8 to the Justice (Northern Ireland) Act 2002(1);
(b)paragraphs 3(3) and 4(4) of Schedule 9 to that Act.
(3) Sub-paragraph (5) below applies in relation to a person who immediately before the coming into force of this Order is, by virtue of a provision mentioned in sub-paragraph (4) below, a participant in the principal civil service pension scheme as defined in section 2(10) of the Superannuation Act 1972.
(4) The provisions are—
(a)paragraph 2(2) or 3(3) of Schedule 8 to the Justice (Northern Ireland) Act 2002;
(b)paragraph 3(2) or 4(3) of Schedule 9 to that Act.
(5) In relation to the person’s employment by the Chief Inspector or the Commission, or (as the case may be) service as the Chief Inspector or a Commissioner, after the coming into force of this Order, the person is entitled to be a participant in the principal civil service pension scheme as defined in Article 4(10) of the Superannuation (Northern Ireland) Order 1972(2); and the person’s terms and conditions of service have effect accordingly.
(6) The expenditure covered by—
(a)paragraph 3(2B) of Schedule 8 to the Justice (Northern Ireland) Act 2002 (as inserted by paragraph 24(4)(b) above), and
(b)paragraphs 3(1B) and 4(2B) of Schedule 9 to that Act (as inserted by paragraph 25(3)(b) and (4)(b) above),
includes, in particular, expenditure attributable to sub-paragraph (5) above.