2013 No. 2
Scottish Land Court

The Judicial Pensions and Retirement Act 1993 (Scottish Land Court) Order 2013

Made
Coming into force
The Scottish Ministers make the following Order in exercise of the powers conferred by section 2(2) of the European Communities Act 19721 and sections 26(9)(a) and 29(3) of the Judicial Pensions and Retirement Act 19932 and all other powers enabling them to do so.
In accordance with paragraphs 2 and 2A(1), (2)(a) and (3)(a) of Schedule 2 to the European Communities Act 19723, a draft of this Order has been laid before, and approved by resolution of, the Scottish Parliament.

Citation, commencement and extent1.

(1)

This Order may be cited as the Judicial Pensions and Retirement Act 1993 (Scottish Land Court) Order 2013 and comes into force on the day after the day on which it is made.

(2)

This Order extends to Scotland only.

Retirement of members of the Scottish Land Court2.

(1)

In Schedule 5 (retirement provisions: the relevant offices) to the Judicial Pensions and Retirement Act 1993, after the entry for President or other member of the Lands Tribunal for Scotland or the Lands Tribunal for Northern Ireland4 insert—

  • “Chairman or other member of the Scottish Land Court”.

(2)

In Schedule 1 (the Land Court) to the Scottish Land Court Act 19935—

(a)

paragraph 2 is repealed; and

(b)

in paragraph 7A6, for “whether or not under paragraph 2 of this Schedule” substitute “whether under section 26 of the Judicial Pensions and Retirement Act 1993 or otherwise”.
KENNY MACASKILL
A member of the Scottish Government

St Andrew’s House,

Edinburgh

EXPLANATORY NOTE
(This note is not part of the Order)

This Order amends the Judicial Pensions and Retirement Act 1993 by adding an entry for the Chairman, and other members, of the Scottish Land Court to the list of relevant offices in Schedule 5 to that Act (article 2(1)). Persons holding an office listed in Schedule 5 to that Act are subject to the retirement provisions set out in section 26 of that Act.

Pursuant to Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (OJ L 303 02.12.2000 p.16), this Order also amends the Scottish Land Court Act 1993 so as to remove the compulsory retirement age for members of the Scottish Land Court set out in paragraph 2 of Schedule 1 to that Act (article 2(2)(a)).

Article 2(2)(b) makes a further amendment to the Scottish Land Court Act 1993 in consequence of article 2(1) and (2)(a).

No business regulatory impact assessment has been prepared for this Order as no impact upon businesses, charities or voluntary bodies is foreseen.