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

10

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).