SCHEDULES

SCHEDULE 7U.K. Retirement dates: transitional provisions

Modifications etc. (not altering text)

C1Sch. 7 restricted (1.1.1996) by S.I. 1995/3192, art. 4(b)(iii)

Sch. 7 modified (27.9.1999) by 1999 c. 22, ss. 105, 108(3), Sch. 14 Pt. V para. 25 (with Sch. 14 para. 7(2))

Sch. 7 continued (14.2.2000) by 1999 c. 33, s. 169(2), Sch. 15 para. 3(4); S.I. 2000/168, art. 2, Sch. (with art. 3)

Ascertainment of potential retirement dateU.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 M1Lands 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 [F2employment tribunals], appointed in pursuance of regulations under [F3section 1(1) of [F2the Employment Tribunals Act 1996]];

(h)Chairman of industrial tribunals or of the Fair Employment Tribunal, appointed in pursuance of regulations under [F4Article 3 of the Industrial Tribunals (Northern Ireland) Order 1996] or appointed under [F5Article 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 M2Industrial 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[F6Senior 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 [F7Senior 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 [F2employment tribunals], appointed in pursuance of regulations under [F10section 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 [F4Article 3 of the Industrial Tribunals (Northern Ireland) Order 1996] or appointed under [F5Article 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 M4Industrial Relations (Northern Ireland) Order 1992;

(x)President or other member F1. . . of the Lands Tribunal for Scotland, set up under the M5Lands Tribunal Act 1949;

(xi)Commissioner for the special purposes of the Income Tax Acts, appointed under section 4 of the M6Taxes 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 M7Mental 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 M8Misuse of Drugs Act 1971;

(xviii)chairman of an advisory body constituted for the purposes of section 14 of the M9Misuse of Drugs Act 1971;

F11(xix). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(xx)chairman or other member of the tribunal constituted by section 706 of the M10Income and Corporation Taxes Act 1988;

(xxi)F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

F13(xxiii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(xxiv)Chairman of a tribunal established by section 29 of the M11Betting, Gaming and Lotteries Act 1963;

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

(xxvi)F14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(xxvii)F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(xxviii)president of a tribunal constituted under Schedule 3 to the M12Industry Act 1975;

(xxix)chairman of the tribunal constituted under Schedule 9 to the M13National Health Service Act 1977;

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

(xxxi)chairman of a Registered Homes Tribunal constituted under the M14Registered Homes Act 1984;

(xxxii)F16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(xxxiii)wreck commissioner appointed under section 82 of the M15Merchant Shipping Act 1970;

(xxxiv)Chairman of a Reinstatement Committee constituted under the M16Reserve 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 M17[F6Senior Courts Act 1981] otherwise than by virtue of subsection (3) of that section;

(b)deputy district judge appointed under section 102 of the M18[F6Senior 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 M19County 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 M20Magistrates’ 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 M21Agriculture Act 1947;

(f)chairman or other member of Rent Assessment Committees appointed by the Lord Chancellor under Schedule 10 to the M22Rent 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 [F17section 22(1)(c) of [F2the 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

F1Words 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)

F2Words 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

F3Words 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)

F4Words 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)

F5Words 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)

F6Words 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

F7Words 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

F8Sch.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)

F9Sch. 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)

F10Words 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)

F11Sch. 7 para. 5(5)(xix) repealed (10.3.2013) by The Competition Act 1998 (Consequential Provisions) Order 2013 (S.I. 2013/294), arts. 1, 2, Sch.

F12Sch. 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)

F13Sch. 7 para. 5(5)(xxiii) omitted (22.3.2013) by virtue of The Public Bodies (Abolition of the Aircraft and Shipbuilding Industries Arbitration Tribunal) Order 2013 (S.I. 2013/686), art. 1(2), Sch. 1 para. 6(4)

F14Sch. 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

F15Sch. 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