SCHEDULES

SCHEDULE 9Tribunals: transitional provision

Part 3Judges and other members of First-Tier and Upper Tribunals: pensions where office acquired under section 31(2)

Right to opt in to Part 1 of the 1993 Act where qualifying judicial office not previously held

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1

Sub-paragraphs (2) and (3) apply where—

a

a person becomes, as a result of provision under section 31(2), the holder of a new office,

b

before that, the person has never held qualifying judicial office, and

c

the person, on becoming the holder of the new office, holds the new office on a salaried basis.

2

Section 1(1)(a) of the 1993 Act (Part 1 of the 1993 Act applies to a person who first holds qualifying judicial office on or after 31st March 1995) does not have effect in relation to the person.

3

The person is entitled, subject to paragraph 12, to elect for Part 1 of the 1993 Act (judicial pensions) to apply to him.

4

Part 1 of the 1993 Act applies to a person who makes an election under sub-paragraph (3).

5

Sub-paragraph (4) is subject to sections 1(5) and 13 of the 1993 Act (where person has opted out of Part 1 of the 1993 Act then, except as provided by section 13 of that Act, that Part does not apply to the person).