SCHEDULES

SCHEDULE 9Tribunals: transitional provision

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

Interpretation of Part 3 of Schedule

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For the purposes of this Part of this Schedule—

(a)

new office” means—

(i)

the office of judge of the First-tier Tribunal by virtue of being a transferred-in judge of the First-tier Tribunal,

(ii)

the office of other member of the First-tier Tribunal by virtue of being a transferred-in other member of the First-tier Tribunal,

(iii)

the office of judge of the Upper Tribunal by virtue of being a transferred-in judge of the Upper Tribunal, and

(iv)

the office of other member of the Upper Tribunal by virtue of being a transferred-in other member of the Upper Tribunal;

(b)

a person holds an office “on a salaried basis” if and so long as, and to the extent that—

(i)

the person's service in the office is remunerated by payment of a salary, and

(ii)

the salary is not subject to terms which preclude rights to pensions and other benefits accruing by reference to it;

(c)

a person shall be regarded as holding “qualifying judicial office” at any time when he holds, on a salaried basis, any one or more of the offices specified in Schedule 1 to the 1993 Act, and any reference to a “qualifying judicial office” is a reference to any office specified in that Schedule if it is held on a salaried basis;

(d)

the 1993 Act” means the Judicial Pensions and Retirement Act 1993 (c. 8).