Pensions Bill (HC Bill 183)

discretionary increases is that those liabilities are greater
than they otherwise would be.”, and

(b) in sub-paragraph (4) for “sub-paragraph (3)” substitute “sub-
paragraphs (3) and (3A)”.

Section 25

5SCHEDULE 5 Contributions towards cost of judicial pensions etc

Part 1 Contributions towards cost of judicial pensions

District Judges (Magistrates’ Courts) Pensions Act (Northern Ireland) 1960 (c. 2 (N.I.))

1 (1) 10The District Judges (Magistrates’ Courts) Pensions Act (Northern Ireland)
1960 is amended as follows.

(2) Before section 9 (and after the heading “Contributions”) insert—

“8A Contributions towards cost of pension etc

(1) The Lord Chancellor may, by regulations made with the consent of
15the Treasury, make provision for and in connection with requiring
contributions to be made towards the cost of the liability for relevant
benefits.

(2) The prescribed contributions are to be—

(a) made by the person to or in respect of whom the relevant
20benefits are to be, or may be, provided;

(b) made for the person’s period of relevant service;

(c) in the form of deductions from the salary payable for that
service.

(3) But no contribution is to be made by a person—

(a) 25for any period of service during which an election under
section 2A is in force in respect of the person;

(b) for any period of service after the person has completed, in
the aggregate, 20 years’ relevant service;

(c) for any other prescribed period of service;

(d) 30in any prescribed circumstances.

(4) For the purposes of subsection (3)(b), it does not matter whether the
person’s relevant service was service before or after the
commencement of paragraph 1 of Schedule 5 to the Pensions Act
2011 (but no contribution is to be made for a person’s service before
35that commencement).

(5) In this section—

• “prescribed” means specified in, or determined in accordance
  with, regulations;

• “relevant benefits” means—

  (a)

  40a pension under section 2;

  Pensions BillPage 40

  (b)

  a lump sum under section 3;

• “relevant service” means service as a district judge (magistrates’
  courts) in Northern Ireland.

(6) Regulations under this section may make provision for
5consequential, transitional and incidental matters.

(7) Regulations made under this section shall be subject to annulment in
like manner as a statutory instrument and section 5 of the Statutory
Instruments Act 1946 shall apply accordingly.”

(3) In section 10(a) (district judges (magistrates’ courts) serving again after
10retirement) after “any contribution” insert “by virtue of section 9”.

Judicial Pensions Act 1981 (c. 20)1981 (c. 20)

2 (1) The Judicial Pensions Act 1981 is amended as follows.

(2) In section 25(1)(a) (persons serving again after retirement) after “any
contribution” insert “by virtue of section 23”.

(3) 15After section 33 insert—

“33ZA Contributions towards cost of certain judicial pensions etc

(1) The appropriate Minister may, by regulations made with the
concurrence of the Treasury, make provision for and in connection
with requiring contributions to be made towards the cost of the
20liability for relevant benefits.

(2) The prescribed contributions are to be—

(a) made by the person to or in respect of whom the relevant
benefits are to be, or may be, provided;

(b) made for the person’s period of relevant service;

(c) 25in the form of deductions from the salary payable for that
service.

(3) But no contribution is to be made by a person—

(a) for any period of service during which an election under
section 14A is in force in respect of the person;

(b) 30for any period of service after the person has completed, in
the aggregate, 20 years’ relevant service;

(c) for any other prescribed period of service;

(d) in any prescribed circumstances.

(4) For the purposes of subsection (3)(b), it does not matter whether the
35person’s relevant service was service before or after the
commencement of paragraph 2 of Schedule 5 to the Pensions Act
2011 (but no contribution is to be made for a person’s service before
that commencement).

(5) In this section—

• 40“the appropriate Minister” means—

  (a)

  in relation to offices existing only in Scotland, the
  Secretary of State, or

  (b)

  subject to paragraph (a), the Lord Chancellor;

Pensions BillPage 41

• “prescribed” means specified in, or determined in accordance
  with, regulations;

• “relevant benefits” means—

  (a)

  a pension under section 7 or Schedule 1;

  (b)

  5a pension for a sheriff (but not a sheriff principal)
  under section 1 of the Sheriffs’ Pensions (Scotland)
  Act 1961;

  (c)

  a lump sum under section 17, so far as relating to a
  pension within paragraph (a) or (b);

• 10“relevant service”—

  (a)

  in relation to a pension under section 7 or a lump sum
  under section 17 so far as relating to such a pension,
  means service as a stipendiary magistrate in England
  or Wales;

  (b)

  15in relation to a pension for service in an office in
  paragraph 1 of Schedule 1 (except where under
  paragraph 3 of that Schedule this section does not
  apply) or a lump sum under section 17 so far as
  relating to such a pension, means relevant service as
  20defined in paragraph 2 of that Schedule in relation to
  the office;

  (c)

  in relation to a pension for a sheriff (but not a sheriff
  principal) under section 1 of the Sheriffs’ Pensions
  (Scotland) Act 1961 or a lump sum under section 17 so
  25far as relating to such a pension, means service as a
  sheriff (but not a sheriff principal).

(6) Regulations under this section—

(a) are to be made by statutory instrument;

(b) may make different provision for different cases or classes of
30case;

(c) may make provision for consequential, transitional and
incidental matters.

(7) A statutory instrument containing regulations under this section is
subject to annulment in pursuance of a resolution of either House of
35Parliament.”

(4) In Schedule 1 (certain Senior Courts and county court officers and President
of Transport Tribunal) in paragraph 3(2)(b) after “Part II” insert “and section
33ZA”.

Constitutional Reform Act 2005 (c. 4)2005 (c. 4)

3 (1) 40Paragraph 4 of Schedule 7 to the Constitutional Reform Act 2005 (Lord
Chancellor’s protected functions) is amended as follows.

(2) In the entries relating to the Judicial Pensions Act 1981 at the appropriate
place insert “Section 33ZA.”

(3) In the entries relating to the Judicial Pensions and Retirement Act 1993 at the
45appropriate place insert “Section 9A.”

(4) In the entries relating to the District Judges (Magistrates’ Courts) Pensions
Act (Northern Ireland) 1960 at the appropriate place insert “Section 8A.”

Part 2 Minor amendments relating to judicial pensions

Sheriffs’ Pensions (Scotland) Act 1961 (c. 42)1961 (c. 42)

4 In section 9A of the Sheriffs’ Pensions (Scotland) Act 1961 (appeals) after
5subsection (4) insert—

“(4A) Regulations under subsection (3) are to be made by statutory
instrument.

(4B) A statutory instrument containing regulations under subsection (3)
is subject to annulment in pursuance of a resolution of either House
10of Parliament.”

Judicial Pensions Act 1981 (c. 20)1981 (c. 20)

5 In section 32A of the Judicial Pensions Act 1981 (appeals) after subsection (5)
insert—

“(5A) Regulations under subsection (4) are to be made by statutory
15instrument.

(5B) A statutory instrument containing regulations under subsection (4)
is subject to annulment in pursuance of a resolution of either House
of Parliament.”