Public Service Pensions and Judicial Offices Act 2022

76 Modifications of Chapter in relation to fee-paid judicial offices

(1) In this Chapter—

(a) a reference to a person’s service in an office is, in relation to a fee-paid judicial office, a reference to the person’s holding of the office;

(b) a reference to a period in which a person’s service in an office takes place is, in relation to a fee-paid judicial office, a reference to a period in which the person holds the office;

(c) a reference to a person accruing pensionable service under the judicial legacy fee-paid scheme is a reference to the person being an active member of the scheme in relation to any office;

(d) a reference to a person’s service in a fee-paid judicial office being “pensionable service” under the judicial legacy fee-paid scheme is a reference to the person being, during the period in which the service takes place, an active member of the scheme in relation to that office.

(2) Where, at any time in a specified period—

(a) a person holds a specified judicial fee-paid office, and

(b) the person was not (apart from this subsection) at that time an active member of the judicial legacy fee-paid scheme in relation to that office,

the person is treated for the purposes of this Chapter as having been, at that time, an active member of that scheme in relation to that office.

(3) In subsection (2) “specified” means specified by the Lord Chancellor by notice.

(4) The Lord Chancellor must publish any notice under subsection (3).

(5) In this section “active member” has the same meaning as in the Judicial Pensions (Fee-Paid Judges) Regulations 2017 (S.I. 2017/522) (see regulation 9(3) of those regulations).