The Inner London Court Staff Pensions Order 2001

Statutory Instruments

2001 No. 733

MAGISTRATES' COURTS, ENGLAND AND WALES

PENSIONS, ENGLAND AND WALES

The Inner London Court Staff Pensions Order 2001

Made

6th March 2001

Laid before Parliament

7th March 2001

Coming into force

1st April 2001

The Lord Chancellor, in exercise of the powers conferred on him by paragraph 36(1), (2) and (3)(b) of Schedule 14 to the Access to Justice Act 1999(1) hereby makes the following Order:

Citation and commencement

1.—(1) This Order may be cited as the Inner London Court Staff Pensions Order 2001.

(2) This Order shall come into force on 1st April 2001.

Continuation of pension scheme membership of inner London court staff

2.—(1) Such of the following persons as immediately before the making of this Order are regarded as members of the metropolitan civil staffs for the purposes of section 15 of the Superannuation (Miscellaneous Provisions) Act 1967(2) (pensions of metropolitan civil staffs) shall be regarded as continuing to be such members for those purposes.

(2) They are persons who—

(a) immediately before the commencement of this Order are members of the inner London court staff, and

(b) are employees of the Greater London Magistrates' Courts Authority by virtue of a scheme under paragraph 33 of Schedule 14 to the Access to Justice Act 1999.

(3) Where payments are made by the Metropolitan Police Authority under section 15 of the Superannuation (Miscellaneous Provisions) Act 1967 to or in respect of persons who are or have been members of the inner London court staff, the Greater London Magistrates' Courts Authority shall reimburse the Metropolitan Police Authority for those payments and for the administrative cost of making them.

(4) In this article “inner London court staff” has the meaning given in paragraph 36(11) of Schedule 14 to the Access to Justice Act 1999.

Signed by authority of the Lord Chancellor

Jane Kennedy

Parliamentary Secretary

Lord Chancellor’s Department

Dated 6th March 2001

Explanatory Note

(This note is not part of the Order)

This Order provides for people employed as inner London court staff immediately before 1st April 2001 to continue to be eligible to be members of the Metropolitan Civil Staffs Superannuation Scheme after the transfer of their employment to the Greater London Magistrates' Courts Authority under paragraph 33 of Schedule 14 to the Access to Justice Act 1999. They would otherwise cease to be so eligible because of the repeal by that Act of section 15(1)(a)(ii), which refers to such staff, and in any event might no longer be serving as such staff after the transfer of their employment to that Authority.

The Order also provides for that Authority to bear the cost of payments under the Scheme to or in respect of current or former inner London court staff.

(1)

1999 c. 22.

(2)

1967 c. 28. Relevant amendments and repeals of section 15 have been made by S.I. 1974/520; the Police and Magistrates' Courts Act 1994 (c. 29), Schedule 8 Part II, paragraph 25; the Greater London Authority Act 1999 (c. 29), Schedule 27, paragraph 20; and the Access to Justice Act 1999, Schedule 15, Part V(6).