The Judicial Pensions Act 1981 (Amendment) Regulations 2000

Statutory Instruments

2000 No. 2985

PENSIONS

The Judicial Pensions Act 1981 (Amendment) Regulations 2000

Made

2nd November 2000

Laid before Parliament

10th November 2000

Coming into force

1st December 2000

The Lord Chancellor and the Secretary of State, in exercise of the powers conferred upon them by section 43 of the Welfare Reform and Pensions Act 1999(1), make the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Judicial Pensions Act 1981 (Amendment) Regulations 2000 and shall come into force on 1st December 2000.

Amendments to the Judicial Pensions Act 1981

2.  The following shall be inserted after section 29A of the Judicial Pensions Act 1981(2)—

Pension credits: restriction on payments

29B— (1) The appropriate Minister shall have no power to accept, for the benefit of a member of a judicial pension scheme constituted under or by virtue of this Act—

(a) a payment under paragraph 1(3) of Schedule 5 to the Welfare Reform and Pensions Act 1999,

(b) a payment under section 95 of the Pension Schemes Act 1993(3), or

(c) any other payment,

to the extent that that payment directly or indirectly represents a pension credit.

(2) In this section “the appropriate Minister” means—

(a) in relation to any judicial office whose jurisdiction is exercised exclusively in relation to Scotland, the Secretary of State; or

(b) subject to paragraph (a), the Lord Chancellor.”.

Irvine of Lairg, C.

Dated 1st November 2000

John Reid

Secretary of State for Scotland

Dated 2nd November 2000

Explanatory Note

(This note is not part of the Regulations)

These Regulations insert a new section into the Judicial Pensions Act 1981. This provides that the judicial pension scheme may not receive a payment in respect of a pension credit. Other Regulations provide for the divorced spouse of a scheme member to acquire rights under the scheme constituted by the Judicial Pensions and Retirement Act 1993(4).

(1)

1999 c. 30.

(2)

1981 c. 20: Schedule 1A is inserted by Schedule 13 of the Courts and Legal Services Act 1990; this has not yet been brought into force.

(3)

1993 c. 48.

(4)

1993 c. 8, as amended by S.I. 2000/2986.