Judicial Pensions and Retirement Act 1993

Part III The Health Service Commissioners

The Health Service Commissioners for England and for Wales

3 (1) Section 107 of the [1977 c. 49.] National Health Service Act 1977 (which makes provision with respect to the salaries and pensions of the Health Service Commissioners for England and for Wales) shall be amended in accordance with the following provisions of this paragraph.

(2) In subsection (2) (which applies Schedule 1 to the [1967 c. 13.] Parliamentary Commissioner Act 1967 in relation to persons who have held office as a Health Service Commissioner) for the words “who have held office”, in both places where they occur, there shall be substituted the words “who hold, or have held, office”.

(3) In subsection (6) (persons not to make simultaneously different elections in pursuance of paragraph 1 of that Schedule in respect of different offices)—

(a) in paragraph (a), after the words “paragraph 1” there shall be inserted the words “or 2”; and

(b) in paragraph (b), for the words “that paragraph” there shall be substituted the words “either of those paragraphs”.

(4) In subsection (7) (which, among other things, provides for different regulations to be made under paragraph 4 of that Schedule in relation to different offices) for the words “paragraph 4” there shall be substituted the words “paragraph 8”.

(5) The amendments made by sub-paragraphs (2) to (4) above have effect only in relation to Schedule 1 to the Parliamentary Commissioner Act 1967, as substituted by Part II above; and accordingly in any case where—

(a) a person makes an election under paragraph 2(1)(a) of that Schedule for the old judicial scheme there mentioned, and

(b) the former enactments mentioned in paragraph 6 of that Schedule continue to apply by virtue of that paragraph,

the amendments made by sub-paragraphs (3) and (4) above shall be disregarded in the continuing application of section 107 of the National Health Service Act 1977 in relation to those former enactments as they continue to have effect in relation to that person and that scheme.

The Health Service Commissioner for Scotland

4 (1) Section 91 of the [1978 c. 29.] National Health Service (Scotland) Act 1978 (which makes provision with respect to the salary and pension of the Health Service Commissioner for Scotland) shall be amended in accordance with the following provisions of this paragraph.

(2) In subsection (2) (which applies Schedule 1 to the [1967 c. 13.] Parliamentary Commissioner Act 1967 in relation to persons who have held office as the Health Service Commissioner) for the words “who have held office”, in both places where they occur, there shall be substituted the words “who hold, or have held, office”.

(3) In subsection (6) (persons not to make simultaneously different elections in pursuance of paragraph 1 of that Schedule in respect of different offices)—

(a) in paragraph (a), after the words “paragraph 1” there shall be inserted the words “or 2”; and

(b) in paragraph (b), for the words “that paragraph” there shall be substituted the words “either of those paragraphs”.

(4) In subsection (7) (which, among other things, provides for different regulations to be made under paragraph 4 of that Schedule in relation to different offices) for the words “paragraph 4” there shall be substituted the words “paragraph 8”.

(5) The amendments made by sub-paragraphs (2) to (4) above have effect only in relation to Schedule 1 to the [1967 c. 13.] Parliamentary Commissioner Act 1967, as substituted by Part II above; and accordingly in any case where—

(a) a person makes an election under paragraph 2(1)(a) of that Schedule for the old judicial scheme there mentioned, and

(b) the former enactments mentioned in paragraph 6 of that Schedule continue to apply by virtue of that paragraph,

the amendments made by sub-paragraphs (3) and (4) above shall be disregarded in the continuing application of section 91 of the [1978 c. 29.] National Health Service (Scotland) Act 1978 in relation to those former enactments as they continue to have effect in relation to that person and that scheme.