PART 1Public service pension schemes

CHAPTER 2Judicial schemes

Miscellaneous

63Scheme rules that prohibit unauthorised payments

1

Subsection (2) applies where—

a

a payment from a judicial scheme is permitted or required to be made under or by virtue of this Chapter,

b

the payment, if made, would be an unauthorised payment, and

c

a rule of the scheme prohibits the scheme from making unauthorised payments.

2

The payment may be made only if it falls within a description of payments specified for the purposes of this section in Treasury directions.

3

Subsection (4) applies where—

a

in the course of taking the step mentioned in section 41(3)(a) or (6)(a) (requirement to transfer assets held in partnership pension account) a payment is made from a partnership pension account,

b

the payment, if made, would be an unauthorised payment, and

c

a rule of the scheme prohibits the scheme from making unauthorised payments.

4

The payment may be made notwithstanding the rule mentioned in subsection (3)(c).

5

In this section “unauthorised payment” means a payment that is an unauthorised payment for the purposes of Part 4 of FA 2004 (see section 160(5) of that Act).