The Judicial Pensions (European Court of Human Rights) (Amendment) Order 2012

Statutory Instruments

2012 No. 489

Pensions

The Judicial Pensions (European Court of Human Rights) (Amendment) Order 2012

Made

20th February 2012

Laid before Parliament

8th March 2012

Coming into force

1st April 2012

The Lord Chancellor and, in relation to any judicial office whose jurisdiction is exercisable exclusively in relation to Scotland, the Secretary of State, in exercise of the powers conferred by section 18 of, and Schedule 4 to, the Human Rights Act 1998(1), make the following Order:

Citation and commencement

1.  This Order may be cited as the Judicial Pensions (European Court of Human Rights) (Amendment) Order 2012 and shall come into force on 1st April 2012.

Amendments to the Judicial Pensions (European Court of Human Rights) Order 1998

2.  The Judicial Pensions (European Court of Human Rights) Order 1998(2) is amended as follows.

3.  In Article 6, for “sections 23 and 33A of the 1981 Act and sections 9 and 10 of the 1993 Act” substitute “sections 23, 33ZA and 33A of the 1981 Act(3) and sections 9, 9A and 10 of the 1993 Act(4)”.

Kenneth Clarke

Lord Chancellor

Ministry of Justice

Date 8th February 2012

Michael Moore

One of Her Majesty’s Principal Secretaries of State

Date 20th February 2012

EXPLANATORY NOTE

(This note is not part of the Order)

This Order makes provision for the collection of pension contributions in respect of a judge appointed to the European Court of Human Rights where the judge remains a member of one of the judicial pension schemes constituted by the Judicial Pensions Act 1981 or by Part I of the Judicial Pensions and Retirement Act 1993. It provides that contributions under section 33ZA of the Judicial Pensions Act 1981 and section 9A of the Judicial Pensions and Retirement Act 1993 shall be collected by the administrators of judicial pension schemes constituted in accordance with those Acts as they see fit in relation to any period of service as a judge of the European Court of Human Rights.

(1)

1998 c.42; section 18 was amended by the Constitutional Reform Act 2005 (c.4) and Schedule 11, paragraphs 1, 4, 6 and 278.

(2)

S.I. 1998/2768.

(3)

1981 c.20; amended by the Pensions Act 2011 (c.19) and Schedule 5, paragraph 2.

(4)

1993 c.8; amended by the Pensions Act 2011 (c.19), section 34(1).