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Statutory Instruments
Pensions
Made
23rd February 2017
Laid before Parliament
27th February 2017
Coming into force
1st April 2017
The Lord Chancellor, and, in relation to judicial offices whose jurisdiction is exercised exclusively in relation to Scotland, the Secretary of State, in exercise of the powers conferred by section 33A of the Judicial Pensions Act 1981(1) and section 10 of the Judicial Pensions and Retirement Act 1993(2) and with the consent and concurrence of the Treasury, make the following Regulations:
1981 c. 20; section 33A was inserted by section 82 of the Courts and Legal Services Act 1990 (c. 41) and was amended by section 24 of, and Schedule 3 to, the Judicial Pensions and Retirement Act 1993 (c. 8); section 190 of, and paragraph 13 of Schedule 8 to, the Pension Schemes Act 1993 (c. 48); section 114(1) of, and paragraph 42 of Part 2 of Schedule 18 to, the Financial Services Act 2012 (c. 21); and S.I. 2001/3649, 2006/497, 2007/126 and 2013/3115. The power of the Secretary of State to make regulations under section 33A is expressed to be in relation to pensions for service in offices existing only in Scotland. These are coterminous with offices whose jurisdiction is exercised exclusively in relation to Scotland.
1993 c. 8; section 10 has been amended by section 190 of, and paragraph 46(1) of Schedule 8 to, the Pension Schemes Act 1993; section 184 of, and paragraph 43(1) of Schedule 7 to, the Pension Schemes (Northern Ireland) Act 1993 (c. 49); section 114(1) of, and paragraph 75(2) of Part 2 of Schedule 18 to, the Financial Services Act 2012; and S.I. 2001/3649, 2006/497, 2007/126 and 2013/3115. By virtue of section 10(7), the power to make these regulations is vested in “the appropriate Minister”, which is defined in section 30(1) as (a) in relation to any judicial office whose jurisdiction is exercised exclusively in Scotland, the Secretary of State, or (b) in any other case, the Lord Chancellor.
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