SCHEDULE 9Transitional and consequential

PART 2Consequential modifications

Judicial Pensions and Retirement Act 1993

11

(1)

The Judicial Pensions and Retirement Act 1993 is amended as follows.

(2)

In section 26 (retirement date for certain judicial officers)—

(a)

in subsection (12), in the definition of “the appropriate person”, after paragraph (e) there is inserted—

“(f)

the Scottish Ministers, in the case of a relevant member of the Scottish Tribunals;”,

(b)

after subsection (15) there is inserted—

“(16)

The Scottish Ministers must consult the President of Tribunals before exercising any function arising by virtue of subsection (12)(f) in relation to a relevant member of the Scottish Tribunals.

(17)

In paragraph (f) of the definition of “the appropriate person” in subsection (12), and in subsection (16), a reference to a relevant member of the Scottish Tribunals is to an ordinary or legal member of either or both of the Tribunals by virtue of section 15 or 16 of the Tribunals (Scotland) Act 2014.”.

(3)

In section 30 (interpretation), after subsection (1) there is inserted—

“(1A)

For the purposes of section 26(12)(f), (16) and (17), and the related entry in Schedule 5, “Scottish Tribunals” or “President of Tribunals” is to be construed in accordance with the Tribunals (Scotland) Act 2014.”.

(4)

In Schedule 5 (relevant offices in relation to retirement provisions), at the end there is inserted— “ Ordinary or legal member of either or both of the Scottish Tribunals by virtue of section 15 or 16 of the Tribunals (Scotland) Act 2014. ”.