Pensions Bill (HL Bill 57)

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(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
5retirement) 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) 10After 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
15liability 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) 20in 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) 25for 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
30person’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—

  • 35“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;

  • “prescribed” means specified in, or determined in accordance
    40with, regulations;

  • “relevant benefits” means—

    (a)

    a pension under section 7 or Schedule 1;

    (b)

    a pension for a sheriff (but not a sheriff principal)
    under section 1 of the Sheriffs’ Pensions (Scotland)
    45Act 1961;

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    (c)

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

  • “relevant service”—

    (a)

    in relation to a pension under section 7 or a lump sum
    5under section 17 so far as relating to such a pension,
    means service as a stipendiary magistrate in England
    or Wales;

    (b)

    in relation to a pension for service in an office in
    paragraph 1 of Schedule 1 (except where under
    10paragraph 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
    defined in paragraph 2 of that Schedule in relation to
    the office;

    (c)

    15in 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
    far as relating to such a pension, means service as a
    sheriff (but not a sheriff principal).

(6) 20Regulations under this section—

(a) are to be made by statutory instrument;

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

(c) may make provision for consequential, transitional and
25incidental matters.

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

(4) In Schedule 1 (certain Senior Courts and county court officers and President
30of 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) Paragraph 4 of Schedule 7 to the Constitutional Reform Act 2005 (Lord
Chancellor’s protected functions) is amended as follows.

(2) 35In 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
appropriate place insert “Section 9A.”

(4) In the entries relating to the District Judges (Magistrates’ Courts) Pensions
40Act (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

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subsection (4) insert—

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

(4B) A statutory instrument containing regulations under subsection (3)
5is subject to annulment in pursuance of a resolution of either House
of 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) 10Regulations under subsection (4) are to be made by statutory
instrument.

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