21Pensions payable to judicial officers etc. by local authorities in England and Wales(1)

This section applies in any case where—

(a)

an order under section 1(8) above amends Schedule 1 to this Act by the addition of any office (“the office”) to those for the time being specified in that Schedule; and

(b)

immediately before the coming into force of the order, a local authority was under a liability to defray, whether in whole or in part, pensions or other benefits payable in respect of service in the office.

(2)

Where this section applies, the appropriate Minister may by order made with the consent of the Treasury—

(a)

provide for the local authority to be discharged, to such extent as may be prescribed, from the liability to pay pensions or other benefits in respect of such service in the office as may be prescribed; and

(b)

require the local authority instead to make prescribed payments to the Treasury.

(3)

In framing the provisions of an order under subsection (2) above, regard shall be had to the desirability of securing so far as reasonably practicable—

(a)

that the payments required to be made by the local authority are such as to reimburse the Treasury in respect of so much of—

(i)

any pension or lump sum payable under Part I above, or

(ii)

any sums payable by way of pension or lump sum under section 19 above,

to or in respect of any person to whom Part I above applies as may reasonably be regarded as attributable to his service in the office; and

(b)

that the local authority is discharged, to a corresponding extent, from the liability to pay any pension or other benefit to or in respect of such a person in respect of his service in the office.

(4)

In this section—

“local authority” means any county council, district council, London Borough Council or the Common Council of the City of London;

“prescribed” means specified in, or determined in accordance with, an order under subsection (2) above.

(5)

Nothing in this section applies in relation to any pension or other benefits payable under or by virtue of section 10 above.

(6)

This section is without prejudice to the generality of section 29 below.