Public Service Pensions and Judicial Offices Bill [HL] (HL Bill 44)

Public Service Pensions and Judicial Offices Bill [HL]Page 80

legislative competence of Senedd Cymru if it were included in an Act
of Senedd Cymru, the Welsh Ministers;

(c)in any other case, the Lord Chancellor.

(3)For the purposes of subsection (1), a judicial office is an “excluded Scottish
5office” if provision to add the office to Part 6 of Schedule 3 would be within the
legislative competence of the Scottish Parliament if it were included in an Act
of that Parliament.

(4)Before making regulations under subsection (1) to add an office to Part 1, 2, 3,
or 5 of Schedule 3, the appropriate national authority must consult the relevant
10office holder.

(5)In subsection (4), the “relevant office holder” means—

(a)where the office is to be added to Part 1 of Schedule 3, the Lord Chief
Justice;

(b)where the office is to be added to Part 2 of Schedule 3, the Senior
15President of Tribunals;

(c)where the office is to be added to Part 3 of Schedule 3, the Lord Chief
Justice of Northern Ireland;

(d)where the office is to be added to Part 5 of Schedule 3, the President of
Welsh Tribunals.

(6)20Regulations under this section are subject to the affirmative procedure.

Consequential etc provision

110 Consequential etc provision

(1)Schedule 4 makes amendments consequential on, or related to, this Part.

(2)The appropriate national authority may by regulations make provision that is
25consequential on this Part.

(3)In this section, “the appropriate national authority” means—

(a)in relation to provision which would be within the legislative
competence of the Northern Ireland Assembly if it were included in an
Act of that Assembly made without the Secretary of State’s consent, the
30Department of Justice in Northern Ireland;

(b)in relation to provision which would be within the legislative
competence of Senedd Cymru if it were included in an Act of Senedd
Cymru, the Welsh Ministers;

(c)in any other case, the Lord Chancellor.

(4)35Regulations under this section may amend, repeal, revoke or otherwise modify
provision made by an enactment.

(5)Regulations under this section that amend, repeal or revoke primary
legislation are subject to the affirmative procedure.

(6)Any other regulations under this section are subject to the negative procedure.

(7)40In this section—

  • “enactment” has the meaning given in section 107;

  • “primary legislation” means—

    (a)

    an Act;

    Public Service Pensions and Judicial Offices Bill [HL]Page 81

    (b)

    retained direct principal EU legislation;

    (c)

    an Act of the Scottish Parliament;

    (d)

    a Measure or Act of the National Assembly for Wales;

    (e)

    Northern Ireland legislation.

5Part 4 General

111 Regulations and directions

(1)Regulations under any provision of this Act may make—

(a)consequential, supplementary, incidental, transitional, or saving
10provision;

(b)different provision for different cases or purposes.

(2)Regulations under this Act made by the Treasury or the Lord Chancellor are to
be made by statutory instrument.

(3)A power or duty of a Northern Ireland department to make regulations under
15this Act is exercisable by statutory rule for the purposes of the Statutory Rules
(Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).

(4)In this Act “the affirmative procedure” means—

(a)in the case of regulations made by the Treasury or the Lord Chancellor,
that the regulations may not be made unless a draft of the instrument
20containing them has been laid before, and approved by resolution of,
each House of Parliament;

(b)in the case of regulations made by the Welsh Ministers, that the
regulations may not be made unless a draft of the instrument
containing them has been laid before, and approved by resolution of,
25Senedd Cymru;

(c)in the case of regulations made by a Northern Ireland department, that
the regulations may not be made unless a draft of the regulations has
been laid before, and approved by a resolution of, the Northern Ireland
Assembly.

(5)30In this Act “the negative procedure” means—

(a)in the case of regulations made by the Treasury or the Lord Chancellor,
that the instrument containing them is subject to annulment in
pursuance of a resolution of either House of Parliament;

(b)in the case of regulations made by the Welsh Ministers, that the
35instrument containing them is subject to annulment in pursuance of a
resolution of Senedd Cymru;

(c)in the case of regulations made by a Northern Ireland department, that
the regulations are subject to negative resolution (within the meaning
of section 41(6) of the Interpretation Act (Northern Ireland) 1954) (c. 33
40(N.I.)).

(6)Any provision that may be made by regulations under this Act subject to the
negative procedure may be made by regulations subject to the affirmative
procedure.

Public Service Pensions and Judicial Offices Bill [HL]Page 82

(7)Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the
purposes of subsection (4)(c) in relation to the laying of a draft as it applies in
relation to the laying of a statutory document under an enactment.

(8)The preceding subsections do not apply in relation to—

(a)5scheme regulations for a Chapter 1 scheme (within the meaning of
Chapter 1 of Part 1),

(b)scheme regulations for a judicial scheme (within the meaning of
Chapter 2 of Part 1), or

(c)regulations under section 113.

(9)10Directions given under this Act by the Treasury or the Department of Finance
in Northern Ireland may be varied or revoked.

112 Extent

(1)Subject as follows, this Act extends to England and Wales, Scotland and
Northern Ireland.

(2)15An amendment, repeal or revocation made by this Act has the same extent as
the provision amended, repealed or revoked.

113 Commencement

(1)Any provision of Part 1 or 3, so far as it—

(a)confers a power to make subordinate legislation or give directions, or

(b)20is otherwise necessary for enabling the exercise of a power to make
subordinate legislation, or give directions, on or after the day on which
this Act is passed,

comes into force on the day on which this Act is passed.

(2)Part 1 (so far as not brought into force under subsection (1)) comes into force as
25follows—

(a)Chapter 1, and sections 91 and 92 so far as they apply for the purposes
of that Chapter, come into force in relation to a Chapter 1 scheme
within section 30(2)(a) or (3)(a) on—

(i)1 October 2023, or

(ii)30such earlier day as the Treasury may by regulations appoint;

(b)Chapter 1, and sections 91 and 92 so far as they apply for the purposes
of that Chapter, come into force in relation to a Chapter 1 scheme
within section 30(2)(b) or (3)(b) on—

(i)1 October 2023, or

(ii)35such earlier day as the Department of Finance in Northern
Ireland may by order appoint;

(c)Chapter 2, and sections 91 and 92 so far as they apply for the purposes
of that Chapter, come into force on such day as the Lord Chancellor
may by regulations appoint;

(d)40Chapter 3, and sections 91 and 92 so far as they apply for the purposes
of that Chapter, come into force on such day as the Treasury may by
regulations appoint;

(e)Chapter 4, including sections 91 and 92 so far as they apply for
purposes not mentioned in paragraphs (a) to (d), comes into force on 1
45April 2022.

Public Service Pensions and Judicial Offices Bill [HL]Page 83

(3)Part 2 comes into force at the end of the period of two months beginning with
the day on which this Act is passed.

(4)Part 3 (so far as not brought into force under subsection (1)) comes into force as
follows—

(a)5the following provisions come into force on the day on which this Act
is passed—

(i)section 103, and

(ii)Schedule 1 apart from paragraph 25(3);

(b)the following provisions come into force at the end of the period of two
10months beginning with the day on which this Act is passed—

(i)paragraph 25(3) of Schedule 1, and

(ii)section 104 and Schedule 2;

(c)sections 105 to 110, and Schedules 3 and 4, come into force on such day
as the Lord Chancellor may by regulations appoint.

(5)15Part 4 comes into force on the day on which this Act is passed.

(6)Regulations and orders under subsection (2), and regulations under subsection
(4), may appoint different days for different purposes.

(7)The Treasury or the Lord Chancellor may by regulations make transitional or
saving provision in connection with the coming into force of any provision of
20this Act (other than any transitional or saving provision that may be made by
the Department of Finance in Northern Ireland under subsection (8)).

(8)The Department of Finance in Northern Ireland may by order make
transitional or saving provision in connection with the coming into force of any
provision of Chapter 1, or sections 91 and 92 so far as they apply for the
25purposes of that Chapter, in relation to a Chapter 1 scheme within section
30(2)(b) or (3)(b).

(9)A power to make regulations or an order under subsection (7) or (8) includes
power to make different provision for different purposes.

(10)Regulations under this section are to be made by statutory instrument.

(11)30The power of the Department of Finance in Northern Ireland to make an order
under subsection (2)(b) or (8) is exercisable by statutory rule for the purposes
of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).

114 Short title

This Act may be cited as the Public Service Pensions and Judicial Offices Act
352021.

Public Service Pensions and Judicial Offices Bill [HL]Page 84

SCHEDULES

Section 103

Schedule 1 Retirement date for holders of judicial offices etc

Part 1 5Amendments of legislation

Pensions Appeal Tribunals Act 1943 (c. 39)

1In paragraph 2 of the Schedule to the Pensions Appeal Tribunals Act 1943
(constitution, jurisdiction and procedure of Pensions Appeal Tribunals in
Scotland and Northern Ireland), in sub-paragraph (4)—

(a)10omit the words from “and to” to “75)”;

(b)for “seventy years” substitute “75”.

Agriculture Act 1947 (c. 48)

2(1)Schedule 9 to the Agriculture Act 1947 (Agricultural Land Tribunal) is
amended as follows.

(2)15In paragraph 13 (chairman), in sub-paragraph (2A), for the words from
“seventy years” to the end substitute “75”.

(3)In paragraph 14 (deputy-chairmen), in sub-paragraph (2), for the words
from “seventy years” to the end substitute “75”.

(4)In paragraph 15 (panel members), in sub-paragraph (1A), for the words
20from “seventy years” to the end substitute “75”.

Lands Tribunal Act 1949 (c. 42)

3In section 2 of the Lands Tribunal Act 1949 (members, officers and expenses
of Lands Tribunal for Scotland), in subsection (5A), for the words from
“seventy” to the end substitute “75”.

25Foreign Compensation Act 1950 (c. 12)

4In section 1 of the Foreign Compensation Act 1950 (Foreign Compensation
Commission), in subsection (3A), for the words from “seventy years” to the
end substitute “75”.

Courts-Martial (Appeals) Act 1951 (c. 46)

530In section 32 of the Courts-Martial (Appeals) Act 1951 (tenure of office of
Judge Advocate General and assistants), in subsection (2)—

Public Service Pensions and Judicial Offices Bill [HL]Page 85

(a)omit the words from “, subject” to “75),”;

(b)for “seventy years”, in both places it occurs, substitute “75”.

County Courts Act (Northern Ireland) 1959 (c. 25 (N.I.))

6(1)The County Courts Act (Northern Ireland) 1959 is amended as follows.

(2)5In section 105 (tenure and oaths of office and retirement of judges), in
subsection (4), for the words from “seventy” to the end substitute “75”.

(3)In section 107 (deputy judges), in subsection (4), for the words from
“seventy” to the end substitute “75”.

Judicial Pensions Act 1959 (c. 9)

710In section 2 of the Judicial Pensions Act 1959 (retiring age), for “seventy
years” substitute “75”.

Resident Magistrates’ Pensions Act (Northern Ireland) 1960 (c.2 (N.I))

8In section 1 of the Resident Magistrates’ Pensions Act (Northern Ireland)
1960 (retiring age of resident magistrates), for the words from “seventy” to
15the end substitute “75”.

Betting, Gaming and Lotteries Act 1963 (c. 2)

9In section 29 of the Betting, Gaming and Lotteries Act 1963 (levy appeal
tribunals), in subsection (2A), for the words from “seventy years” to the end
substitute “75”.

20Lands Tribunal and Compensation Act (Northern Ireland) 1964 (c. 29 (N.I.))

10In section 2 of the Lands Tribunal and Compensation Act (Northern Ireland)
1964 (terms of appointment and remuneration etc of members), in
subsection (1)(b) for the words from “seventy years” to “75)” substitute “75”.

Courts Act 1971 (c. 23)

11(1)25The Courts Act 1971 is amended as follows.

(2)In section 17 (retirement, removal and disqualifications of Circuit judge), in
subsection (1)—

(a)omit the words from “and to” to “75),”;

(b)for “70” substitute “75”.

(3)30In section 21 (appointment of Recorders), in subsection (5), for the words
from “seventy” to the end substitute “75”.

Misuse of Drugs Act 1971 (c. 38)

12(1)Schedule 3 to the Misuse of Drugs Act 1971 (Tribunals, Advisory Bodies and
Professional Panels) is amended as follows.

(2)35In paragraph 1 (membership: tribunals), in sub-paragraph (2A), for the
words from “seventy years” to the end substitute “75”.

Public Service Pensions and Judicial Offices Bill [HL]Page 86

(3)In paragraph 13 (membership: advisory bodies), in sub-paragraph (1A), for
the words from “seventy years” to the end substitute “75”.

Industry Act 1975 (c. 68)

13In paragraph 6 of Schedule 3 to the Industry Act 1975 (membership of the
5tribunal), in sub-paragraph (2), for the words from “70” to the end substitute
“75”.

Rent Act 1977 (c. 42)

14In paragraph 2A of Schedule 10 to the Rent Act 1977 (rent assessment
committees in Wales), for the words from “seventy years” to the end
10substitute “75”.

Judicature (Northern Ireland) Act 1978 (c. 23)

15In section 71 of the Judicature (Northern Ireland) Act 1978 (tenure of
statutory officers), for subsection (3) substitute—

(3)A statutory officer shall vacate office on the day on which the officer
15attains the age of 75.”

Senior Courts Act 1981 (c. 54)

16(1)The Senior Courts Act 1981 is amended as follows.

(2)In section 9 (assistance for transaction of judicial business), in subsection
(4A), for the words from “70” to the end substitute “75”.

(3)20In section 11 (tenure of office of judges of Senior Courts), in subsection (2),
for “seventy years” substitute “75”.

(4)In section 92 (tenure of office of certain officers of Senior Courts), in
subsection (1)—

(a)for the words from “, to section 91(3)” to “75)” substitute “and to
25section 91(3)”;

(b)for “seventy years” substitute “75”.

Public Passenger Vehicles Act 1981 (c. 14)

17In section 4 of the Public Passenger Vehicles Act 1981 (traffic
commissioners), in subsection (4)(b), for the words from “sixty five” to
30“direct” substitute “75”.

Mental Health Act 1983 (c. 20)

18In paragraph 2A of Schedule 2 to the Mental Health Act 1983 (Mental Health
Review Tribunal for Wales), for the words from “70” to the end substitute
“75”.

35County Courts Act 1984 (c. 28)

19(1)The County Courts Act 1984 is amended as follows.

(2)In section 8 (deputy district judges), for subsection (1A) substitute—

Public Service Pensions and Judicial Offices Bill [HL]Page 87

(1A)Any appointment of a person as a deputy district judge must not be
such as to, or be extended so as to, extend beyond the day on which
the person attains the age of 75.”

(3)In section 11, in subsection (2) (tenure of office of district judge)—

(a)5omit from the words “and to” to “75)”;

(b)for “70 years” substitute “75”.

Reserve Forces (Safeguard of Employment) Act 1985 (c. 17)

20In paragraph 2 of Schedule 2 to the Reserve Forces (Safeguard of
Employment) Act 1985 (Reinstatement Committees and Umpires), in sub-
10paragraph (2), for the words from “seventy” to the end substitute “75”.

Transport Act 1985 (c. 67)

21In paragraph 3 of Schedule 4 to the Transport Act 1985 (constitution, powers
and proceedings of the Transport Tribunal), in sub-paragraph (1)—

(a)omit the words from “and to” to “seventy five)”;

(b)15for “seventy” substitute “75”.

Copyright, Designs and Patents Act 1988 (c. 48)

22In section 146 of the Copyright, Designs and Patents Act 1988 (membership
of the Tribunal), in subsection (3A), for the words from “70” to the end
substitute “75”.

20Child Support Act 1991 (c. 48)

23(1)Schedule 4 to the Child Support Act 1991 (Child Support Commissioners for
Northern Ireland) is amended as follows.

(2)In paragraph 1 (tenure of office), in sub-paragraph (1), for the words from
“70” to the end substitute “75”.

(3)25In paragraph 4 (Deputy Child Support Commissioners), in sub-paragraph
(2A), for the words from “70” to the end substitute “75”.

Social Security Administration (Northern Ireland) Act 1992 (c. 8)

24In paragraph 1 of Schedule 2 to the Social Security Administration (Northern
Ireland) Act 1992 (Commissioners: tenure of offices), in sub-paragraph (2),
30for the words from “70” to the end substitute “75”.

Judicial Pensions and Retirement Act 1993 (c. 8)

25(1)The Judicial Pensions and Retirement Act 1993 is amended as follows.

(2)In section 26 (retirement date for holders of certain judicial offices etc)—

(a)in subsection (1), for “70” substitute “75”;

(b)35omit subsections (4) to (6);

(c)in subsection (8)—

(i)for “70” substitute “75”;

(ii)omit paragraph (h);

(d)in subsection (12), omit the definition of “the appropriate person”;

Public Service Pensions and Judicial Offices Bill [HL]Page 88

(e)omit subsections (12A) to (17).

(3)In section 27 (completion of proceedings after retirement), in subsection (3),
after paragraph (g) insert—

(h)Chief Coroner;

(i)5Deputy Chief Coroner;

(j)senior coroners, area coroners and assistant coroners;

(k)traffic commissioners.”

(4)In Schedule 5 (retirement provisions: the relevant offices)—

(a)after the entry for Judge of the High Court of Justice in Northern
10Ireland insert—

  • “Temporary judge of the High Court of Justice in
    Northern Ireland”;

(b)for “Resident Magistrate appointed under the Magistrates’ Courts
Act (Northern Ireland) 1964” substitute “District judge (magistrates’
15courts) in Northern Ireland”;

(c)for “Deputy Resident Magistrate appointed under the Magistrates’
Courts Act (Northern Ireland) 1964” substitute “Deputy district
judge (magistrates’ courts) in Northern Ireland”;

(d)after that entry insert—

  • 20“Lay magistrate appointed under the Justice Act
    (Northern Ireland) 2015”;

(e)after the entry for Employment Judge insert—

  • “Member of a panel (other than the panel of
    Employment Judges) appointed in pursuance of
    25regulations under section 1(1) of the Employment
    Tribunals Act 1996

  • Member of a panel appointed under regulation 7(1) of
    the Industrial Tribunals and Fair Employment
    Tribunal (Constitution and Rules of Procedure)
    30Regulations (Northern Ireland) 2020 (S.R. (N.I.) 2020
    No.3)”;

(f)omit “Chairman of industrial tribunals in Northern Ireland,
appointed in pursuance of regulations under Article 3 of the
Industrial Tribunals (Northern Ireland) Order 1996”;

(g)35omit “Chairman of the Fair Employment Tribunal, appointed under
Article 82(1)(c) of the Fair Employment and Treatment (Northern
Ireland) Order 1998”;

(h)after the entry for Judge Advocate General insert—

  • “Vice-Judge Advocate General

  • 40Assistant Judge Advocate General”;

(i)at the end insert—

  • “President of the Special Educational Needs Tribunal for
    Wales

  • Member of a panel appointed under section 333(2)(b) or
    45(c) of the Education Act 1996 (which serves the Special
    Education Needs Tribunal for Wales)

  • Chairman or other member of a tribunal constituted
    under Schedule 3 to the Education Act 2005

  • President or other member of the Adjudication Panel for
    50Wales

Public Service Pensions and Judicial Offices Bill [HL]Page 89

  • President or other member of the Welsh Language
    Tribunal

  • Member of the chairmen’s panel or of the lay panel
    appointed under Schedule 2 to the Health and
    5Personal Social Services (Quality, Improvement and
    Regulation) (Northern Ireland) Order 2003 (S.I. 2003/
    431 (N.I. 9)) (the Care Tribunal)

  • President or other member of the Charity Tribunal for
    Northern Ireland

  • 10Chairman or other member of the Criminal Injuries
    Compensation Appeals Panel for Northern Ireland

  • President or other member of the Northern Ireland
    Valuation Tribunal

  • Adjudicators appointed under Article 29 of the Traffic
    15Management (Northern Ireland) Order 2005 (S.I.
    2005/1964 (N.I. 14))

  • Chairman, deputy chairman or other member of a
    tribunal appointed in pursuance of regulations under
    paragraph 19 of Schedule 11 to the Health and
    20Personal Social Services (Northern Ireland) Order
    1972 (S.I. 1972/1265 (N.I. 14))

  • President of the Special Educational Needs and
    Disability Tribunal for Northern Ireland

  • Member of a panel mentioned in Article 22(2)(b) or (c) of
    25the Education (Northern Ireland) Order 1996 (S.I.
    1996/274 (N.I. 1)) (which serves the Special
    Educational Needs and Disability Tribunal for
    Northern Ireland)

  • Chairman or other member of the panel mentioned in
    30paragraph 3 of Schedule 1 to the Private Tenancies
    (Northern Ireland) Order 2006 (S.I. 2006/1459 (N.I.
    10)) (which serves rent assessment committees)

  • Chairman or other member of a tribunal established for
    the purposes of deciding an appeal in accordance
    35with the model rules concerning the conduct of
    appeals (as set out in the Schedule to the Deregulation
    (Model Appeal Provisions) Order (Northern Ireland)
    1997 (S.R. (N.I.) 1997 No. 269)”

  • Member of the Review Tribunal for Northern Ireland”.

40Merchant Shipping Act 1995 (c. 21)

26In section 297 of the Merchant Shipping Act 1995 (wreck commissioners,
etc), in subsection (2), for the words from “seventy” to the end substitute
“75”.

Reserve Forces Act 1996 (c. 14)

27(1)45The Reserve Forces Act 1996 is amended as follows.

(2)In section 90 (appointment of panel of chairmen), in subsection (4), for the
words from “70” to the end substitute “75”.