Judicial Pensions and Retirement Act 1993

Ascertainment of potential retirement date U.K.

5 (1) For the purposes of this Schedule, a person’s potential retirement date by reference to an office is— U.K.

(a) in a case where, immediately before the appointed day, he was holding that office otherwise than by virtue of the exercise of a continuation power, the day on which he would have been required by any enactment or statutory instrument to vacate that office, apart from this Act and apart from any continuation power;

(b) in a case where, immediately before the appointed day, he was holding that office by virtue of the exercise of a continuation power, the last day of the period for which he is authorised to continue in that office by virtue of that exercise of the continuation power; or

(c) in the case of an office to which any of the following sub-paragraphs applies (offices for which there was no compulsory retirement date before the appointed day, but whose standard terms of appointment, or whose arrangements with respect to retirement, are reflected in the provisions of the sub-paragraph in question), the day specified in the sub-paragraph as the appropriate day.

(2) This sub-paragraph applies to each of the following offices, as a salaried office—

(a) Social Security Commissioner appointed before 23rd May 1980;

(b) President or other member F1 . . . of the Lands Tribunal for Scotland, set up under the M1 Lands Tribunal Act 1949;

(c) Commissioner for the special purposes of the Income Tax Acts, appointed under section 4 of the Taxes Management Act 1970;

(d) President or other member of the Immigration Appeal Tribunal;

(e) Chairman of the Foreign Compensation Commission;

(f) Chief or other Commons Commissioner;

(g) Chairman of [F2 employment tribunals], appointed in pursuance of regulations under [F3 section 1(1) of [F2 the Employment Tribunals Act 1996]];

(h) Chairman of industrial tribunals or of the Fair Employment Tribunal, appointed in pursuance of regulations under [F4 Article 3 of the Industrial Tribunals (Northern Ireland) Order 1996] or appointed under [F5 Article 82(1)(c) of the Fair Employment and Treatment (Northern Ireland) Order 1998];

(j) president of the Industrial Court appointed in pursuance of Article 91 of the M2 Industrial Relations (Northern Ireland) Order 1992;

(k) President of Pensions Appeal Tribunals;

and the appropriate day in the case of an office to which this sub-paragraph applies is the last day of the completed year of service in that office in which the person attains the age of 72.

(3) In the case of the office of immigration adjudicator (whose usual terms of appointment, whether as a salaried or a fee-paid office, require the holder to vacate it on the day on which he attains the age of 70)—

(a) this sub-paragraph applies only in those cases where, immediately before the appointed day, the office is held on terms which require the person in question to vacate it on the day on which he attains the age of 72; and

(b) where this sub-paragraph applies, the appropriate day is the day on which that person attains that age;

and, accordingly, no person shall have a potential retirement date by reference to that office (whether held as a salaried or a fee-paid office) in any other case.

(4) This sub-paragraph applies to the office of deputy judge of the High Court, as a fee-paid office; and the appropriate day in the case of an office to which this sub-paragraph applies is the day on which the person attains the age of 75.

(5) This sub-paragraph applies to each of the following offices, as a fee-paid office—

(i) in the case of appointments under subsection (1) of section 91 of the M3 [F6 Senior Courts Act 1981] otherwise than by virtue of subsection (3) of that section, each of the following offices—

(a) deputy or temporary Master, Queen’s Bench Division;

(b) deputy or temporary Admiralty Registrar;

(c) deputy or temporary Master, Chancery Division;

(d) deputy or temporary Registrar in Bankruptcy of the High Court;

(e) deputy or temporary Taxing Master of the [F7 Senior Courts];

(f) deputy or temporary Registrar of Civil Appeals;

(g) F8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii) assistant Recorder;

F9 (iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9 (iv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(v) Chairman of the Foreign Compensation Commission;

(vi) Commons Commissioner;

(vii) chairman of [F2 employment tribunals], appointed in pursuance of regulations under [F10 section 1(1) of [F2 the Employment Tribunals Act 1996]];

(viii) chairman of industrial tribunals or of the Fair Employment Tribunal, appointed in pursuance of regulations under [F4 Article 3 of the Industrial Tribunals (Northern Ireland) Order 1996] or appointed under [F5 Article 82(1)(c) of the Fair Employment and Treatment (Northern Ireland) Order 1998];

(ix) president of the Industrial Court appointed in pursuance of Article 91 of the M4 Industrial Relations (Northern Ireland) Order 1992;

(x) President or other member F1 . . . of the Lands Tribunal for Scotland, set up under the M5 Lands Tribunal Act 1949;

(xi) Commissioner for the special purposes of the Income Tax Acts, appointed under section 4 of the M6 Taxes Management Act 1970;

(xii) deputy Special Commissioner, appointed under section 4A of the Taxes Management Act 1970;

(xiii) President or other member of the Immigration Appeal Tribunal;

(xiv) President or other member of Pensions Appeal Tribunals;

(xv) Chairman or member of a Mental Health Review Tribunal constituted under the M7 Mental Health Act 1983;

(xvi) member of the Financial Services Tribunal appointed by the Lord Chancellor;

(xvii) chairman of a tribunal constituted for the purposes of sections 14 and 15 of the M8 Misuse of Drugs Act 1971;

(xviii) chairman of an advisory body constituted for the purposes of section 14 of the M9 Misuse of Drugs Act 1971;

(xix) appointed member of the Restrictive Practices Court, within the meaning of section 3 of the M10 Restrictive Practices Court Act 1976;

(xx) chairman or other member of the tribunal constituted by section 706 of the M11 Income and Corporation Taxes Act 1988;

(xxi) F11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(xxii) chairman or deputy-chairman of an Agricultural Land Tribunal;

(xxiii) President of the Aircraft and Shipbuilding Industries Arbitration Tribunal;

(xxiv) Chairman of a tribunal established by section 29 of the M12 Betting, Gaming and Lotteries Act 1963;

(xxv) chairman or deputy chairman of the Copyright Tribunal;

(xxvi) F12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(xxvii) F13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(xxviii) president of a tribunal constituted under Schedule 3 to the M13 Industry Act 1975;

(xxix) chairman of the tribunal constituted under Schedule 9 to the M14 National Health Service Act 1977;

(xxx) Chairman of the Plant Varieties and Seeds Tribunal;

(xxxi) chairman of a Registered Homes Tribunal constituted under the M15 Registered Homes Act 1984;

(xxxii) F14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(xxxiii) wreck commissioner appointed under section 82 of the M16 Merchant Shipping Act 1970;

(xxxiv) Chairman of a Reinstatement Committee constituted under the M17 Reserve Forces (Safeguard of Employment) Act 1985;

and the appropriate day in the case of an office to which this sub-paragraph applies is the last day of the completed year of service in the office in which the person attains the age of 72.

(6) This sub-paragraph applies to each of the following offices, as a fee-paid office—

(a) deputy or temporary district judge of the principal registry of the Family Division appointed under subsection (1) of section 91 of the M18 [F6 Senior Courts Act 1981] otherwise than by virtue of subsection (3) of that section;

(b) deputy district judge appointed under section 102 of the M19 [F6 Senior Courts Act 1981], except in a case where the person in question has previously held office as a district judge for a district registry;

(c) deputy district judge appointed under section 8 of the M20 County Courts Act 1984, except in a case where the person in question has previously held office as a district judge for a county court district;

(d) Deputy Resident Magistrate, appointed under the M21 Magistrates’ Courts Act (Northern Ireland) 1964;

(e) member of an Agricultural Land Tribunal, other than chairman, deputy chairman or an assessor added to the Tribunal under paragraph 16(2) of Schedule 9 to the M22 Agriculture Act 1947;

(f) chairman or other member of Rent Assessment Committees appointed by the Lord Chancellor under Schedule 10 to the M23 Rent Act 1977;

and the appropriate day in the case of an office to which this sub-paragraph applies is the last day of the completed year of service in that office in which the person attains the age of 70.

(7) This sub-paragraph applies to the office of member of the Employment Appeal Tribunal appointed under [F15 section 22(1)(c) of [F2 the Employment Tribunals Act 1996]], as a fee-paid office; and the appropriate day in the case of an office to which this sub-paragraph applies is the 31st March next following the day on which the person attains the age of 70.

Textual Amendments

F1 Words in Sch. 7 para. 5(2)(b)(5)(x) omitted (1.6.2009) by virtue of The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 5(1)(2), Sch. 1 para. 250 (with Sch. 5)

F2 Words in Sch. 7 para. 5(2)(g)(5)(viii)(7) substituted (1.8.1998) by 1998 c. 8, ss. 1(2), 16(3)(d) (with s. 16(2)); S.I.1998/1658, art. 2

F3 Words in Sch. 7 para. 5(2)(g) substituted (E.W.S) (22.8.1996) by 1996 c. 17, ss. 43, 46, Sch. 1 para. 10(4)(a) (with s. 38)

F4 Words in Sch. 7 para. 5(2)(h)(5)(viii) substituted (24.9.1996) by S.I. 1996/1921 (N.I. 18), art. 26, Sch. 1 para. 9(c)

F5 Words in Sch. 7 paras. 5(2)(h)(5)(viii) substituted (1.3.1999) by 1998/3162 (N.I. 21), art. 105(1), Sch. 3; S.R. 1999/81, art. 3(1)

F6 Words in Sch. 7 para. 5 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 1(2); S.I. 2009/1604, art. 2

F7 Words in Sch. 7 para. 5 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 4; S.I. 2009/1604, art. 2

F8 Sch.7 para. 5(5)(i)(g) omitted (with saving) (1.10.2007) by virtue of Mental Capacity Act 2005 (c. 9), ss. 67(1), 68(1)-(3), Sch. 6 para. 38(4) (with ss. 27, 28, 29, 62); S.I. 2007/1897, art. 2(c)(d)

F9 Sch. 7 para. 5(iii)(iv) repealed (29.11.1999 except for specified purposes) by 1998 c. 14, s. 86(2), Sch. 8; S.I. 1999/3178, art. 2(1)(2), Sch. 1 (subject to transitional provisions in Schs. 21-23)

F10 Words in Sch. 7 para. 5(5)(vii) substituted (E.W.S.) (22.8.1996) by 1996 c. 17, ss. 43, 46, Sch. 1 para. 10(4)(a) (with s. 38)

F11 Sch. 7 para. 5(5)(xxi) repealed (19.10.2006) by The Regulatory Reform (Agricultural Tenancies) (England and Wales) Order 2006 (S.I. 2006/2805), art. 18, Sch. 2 (with art. 10)

F12 Sch. 7 para. 5(5)(xxvi) omitted (18.1.2010) by virtue of The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), arts. 1(1), 5(1), Sch. 2 para. 19

F13 Sch. 7 para. 5(5)(xxvii) repealed (1.9.2003 for E.S.N.I. and 1.1.2004 for W.) by Education Act 2002 (c. 32), ss. 215(2), 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4 (with transitional provisions and savings in Sch. 1) (as amended by S.I. 2004/571 and S.I. 2005/2570); S.I. 2003/2961, art. 6, Sch. Pt. 3

F14 Sch. 7 para. 5(5)(xxxii) repealed (25.7.2003 for certain transitional purposes) by Communications Act 2003 (c. 21), ss. 406, 411(2)(3), Sch. 19(1) (with Note 1 and with transitional provisions in Sch. 18); S.I. 2003/1900, arts. 2, 3, Sch. 1

F15 Words in Sch. 7 para. 5(7) substituted (E.W.S.) (22.8.1996) by 1996 c. 17, ss. 43, 46, Sch. 1 para. 10(4)(b) (with s. 38)

Marginal Citations

M1 1949 c. 42.

M2 S.I. 1992/807 (N.I. 5).

M3 1981 c. 54.

M4 S.I. 1992/807 (N.I. 5).

M5 1949 c. 42.

M6 1970 c. 9.

M7 1983 c. 20.

M8 1971 c. 38.

M9 1971 c. 38.

M10 1976 c. 33.

M11 1988 c. 1.

M12 1963 c. 2.

M13 1975 c. 68.

M14 1977 c. 49.

M15 1984 c. 23.

M16 1970 c. 36.

M17 1985 c. 17.

M18 1981 c. 54.

M19 1981 c. 54.

M20 1984 c. 28.

M21 1964 c. 21 (N.I.).

M22 1947 c. 48.

M23 1977 c. 42.