2003 No. 482
PENSIONS

The Election Against Benefits Regulations (Northern Ireland) 2003

Made
Coming into operation
The Department for Social Development, in exercise of the powers conferred by section 177(4) of, and paragraph 17(2) of Schedule 5 to, the Pension Schemes (Northern Ireland) Act 19931, and now vested in it2, and of all other powers enabling it in that behalf, after consultation with the Lord Chancellor in accordance with paragraph 17(2) of Schedule 5 to that Act3 and with the consent of the Lord Chancellor in accordance with paragraph 17(4) of Schedule 5 to that Act, hereby makes the following Regulations:

Citation, commencement and interpretation1.

(1)

These Regulations may be cited as the Election Against Benefits Regulations (Northern Ireland) 2003 and shall come into operation on 19th December 2003.

(2)

The Interpretation Act (Northern Ireland) 19544 shall apply to these Regulations as it applies to an Act of the Assembly.

Modification of the County Courts Act2.

(1)

The County Courts Act (Northern Ireland) 19595 shall have effect subject to the following modifications.

(2)

In section 116A6 –

(a)

in subsection (2) the definition of “personal pension scheme” shall be omitted;

(b)

in subsection (3) for paragraph (b) there shall be substituted the following paragraph –

“(b)

be entitled at any time to serve on the Lord Chancellor a written notice of election not to be a member of the judges' pension scheme, to take effect on a date not less than one month after the date on which it was served.”.

Modification of the Resident Magistrates' Pensions Act3.

(1)

The Resident Magistrates' Pensions Act (Northern Ireland) 19607 shall have effect subject to the following modifications.

(2)

In section 2A8 –

(a)

in subsection (2) the definition of “personal pension scheme” shall be omitted;

(b)

in subsection (3) for paragraph (b) there shall be substituted the following paragraph –

“(b)

be entitled at any time to serve on the Lord Chancellor a written notice of election not to be a member of the resident magistrates' pension scheme, to take effect on a date not less than one month after the date on which it was served.”.

Modification of the Social Security Act4.

(1)

The Social Security (Northern Ireland) Act 19759 shall have effect subject to the following modifications.

(2)

In paragraph 7A of Schedule 1010 –

(a)

in sub-paragraph (2) the definition of “personal pension scheme” shall be omitted;

(b)

in sub-paragraph (3) for head (b) there shall be substituted the following head –

“(b)

be entitled at any time to serve on the Lord Chancellor a written notice of election not to be a member of the Commissioners' pension scheme, to take effect on a date not less than one month after the date on which it was served.”.

Sealed with the Official Seal of the Department for Social Development on 13th November 2003.

John O'Neill
Senior Officer of the
Department for Social Development

Signed by authority of the Lord Chancellor

I consent

Lord Filkin
Parliamentary Under Secretary of State,
Department for Constitutional Affairs
(This note is not part of the Regulations.)

These Regulations modify the County Courts Act (Northern Ireland) 1959, the Resident Magistrates' Pensions Act (Northern Ireland) 1960 and the Social Security (Northern Ireland) Act 1975 (“the judicial pensions provisions”) consequential upon the provisions of section 156 of the Pension Schemes (Northern Ireland) Act 1993. The modified provisions clarify that social security commissioners, county court judges and resident magistrates may elect not to acquire pension rights under the judicial pensions provisions, whether or not they join any other pension scheme and without the need to notify the Lord Chancellor of the identity of any pension scheme which they join.