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

Public Service Pensions and Judicial Offices Bill [HL]Page 90

(3)In section 91 (appointment of panel of ordinary members), in subsection (4),
for the words from “70” to the end substitute “75”.

Employment Tribunals Act 1996 (c. 17)

28In section 25 of the Employment Tribunals Act 1996 (tenure of appointed
5members)—

(a)in subsection (2)(b) for “seventy” substitute “75”;

(b)omit subsection (3).

Plant Varieties Act 1997 (c. 66)

29In paragraph 5 of Schedule 3 to the Plant Varieties Act 1997 (membership of
10the Plant Varieties and Seeds Tribunal)—

(a)in sub-paragraph (2), for “70” substitute “75”;

(b)omit sub-paragraph (6).

Social Security Act 1998 (c. 14)

30(1)The Social Security Act 1998 is amended as follows.

(2)15In paragraph 1 of Schedule 1 (appeals tribunals in Scotland: tenure of office),
in sub-paragraph (2), for the words from “70” to the end substitute “75”.

(3)In paragraph 4 of Schedule 4 (Social Security Commissioners in Scotland:
tenure of office), in sub-paragraph (1) for the words from “70” to the end
substitute “75”.

20The Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10))

31In paragraph 1 of Schedule 1 to the Social Security (Northern Ireland) Order
1998 (appeals tribunals: tenure of office), in sub-paragraph (2), for the words
from “70” to the end substitute “75”.

The Fair Employment and Treatment (Northern Ireland) Order 1998 (S.I. 1998/3162 (N.I.
2521))

32In Article 82 of the Fair Employment and Treatment (Northern Ireland)
Order 1998 (President, Vice-President and Chairmen), in paragraph (3), for
the words from “70” to the end substitute “75”.

Courts Act 2003 (c. 39)

3330In section 13 of the Courts Act 2003 (entry of names in the supplemental
list)—

(a)in subsection (1)—

(i)for the words “subsections (2) and” substitute “subsection”;

(ii)for “70” substitute “75”;

(b)35omit subsection (2);

(c)in subsection (3)(a), for “70” substitute “75”.

Public Service Pensions and Judicial Offices Bill [HL]Page 91

Education Act 2005 (c. 18)

34In paragraph 1 of Schedule 3 to the Education Act 2005 (registration of
inspectors in Wales: constitution of tribunals)—

(a)in sub-paragraph (3) for “70” substitute “75”;

(b)5after sub-paragraph (3A) insert—

(3B)A chairman or other member of a tribunal must vacate
office on reaching the age of 75.”

Constitutional Reform Act 2005 (c. 4)

35In Schedule 7 to the Constitutional Reform Act 2005 (protected functions of
10the Lord Chancellor), in paragraph 4, under the heading “Judicial Pensions
and Retirement Act 1993”, for “Section 26(5), (6), (9) and (13)” substitute
“Section 26(9)”.

Tribunals, Courts and Enforcement Act 2007 (c. 15)

36(1)The Tribunals Courts and Enforcement Act 2007 is amended as follows.

(2)15In paragraph 4 of Schedule 2 (judges and other members of First-tier
Tribunal: terms of appointment), in sub-paragraph (2B)—

(a)in paragraph (a), for “70, or” substitute “75”;

(b)omit paragraph (b).

(3)In paragraph 4 of Schedule 3 (judges and other members of Upper Tribunal:
20terms of appointment), in sub-paragraph (2B)—

(a)in paragraph (a), for “70, or” substitute “75”;

(b)omit paragraph (b).

(4)In paragraph 7 of Schedule 3 (deputy judges of the Upper Tribunal), in sub-
paragraph (3B)—

(a)25in paragraph (a), for “70, or” substitute “75”;

(b)omit paragraph (b).

(5)In paragraph 5A of Schedule 4 (Chamber Presidents and Deputies: removal
from office and extension of appointment), in sub-paragraph (4)—

(a)in paragraph (a), for “70, or” substitute “75”;

(b)30omit paragraph (b).

(6)In Part 2 of Schedule 9 (judges and other members of First-tier and Upper
tribunals: retirement dates)—

(a)in paragraph (5)—

(i)in the heading, for “70” substitute “75”;

(ii)35in sub-paragraph (1), omit the words from “Subject” to
“1995),”;

(iii)in sub-paragraph (2), in the opening words, omit the words
from “and paragraph” to “(2)”;

(b)in paragraph (6)—

(i)40in the heading, for “70” substitute “75”;

(ii)in sub-paragraph (1)(b), for “70” substitute “75”;

(iii)in sub-paragraph (3)(a)(ii), for “70” substitute “75”;

(c)in paragraph (7)(1)(b), for “69” substitute “74”;

Public Service Pensions and Judicial Offices Bill [HL]Page 92

(d)omit paragraph (8);

(e)in paragraph (9)—

(i)in the heading, for “70” substitute “75”;

(ii)in sub-paragraph (1)(a), for “70” substitute “75”;

(iii)5in sub-paragraph (2)(a), for “70” substitute “75”;

(iv)in sub-paragraph (3), for “70” substitute “75”.

Charities Act (Northern Ireland) 2008 (c. 12 (N.I.))

37In Schedule 2 to the Charities Act (Northern Ireland) 2008 (the Charity
Tribunal)—

(a)10in paragraph 4(1), for “70” substitute “75”;

(b)omit paragraph 4(2).

Coroners and Justice Act 2009 (c. 25)

38(1)The Coroners and Justice Act 2009 is amended as follows.

(2)In Schedule 3 (appointment of senior coroners, area coroners and assistant
15coroners: vacation or termination of office)—

(a)in paragraph (3)(a), for “70” substitute “75”;

(b)in paragraph 10, for “70” substitute “75”.

(3)In Schedule 4 (Coroner for Treasure and Assistant Coroners for Treasure)—

(a)in paragraph 2(a), for “70” substitute “75”;

(b)20in paragraph 3, for “70” substitute “75”.

(4)In Schedule 8 (Chief Coroner and Deputy Chief Coroner)—

(a)in paragraph 1(2)(b), for “70” substitute “75”;

(b)in paragraph 1(4), for “70” substitute “75”;

(c)in paragraph 2(2)(b), for “70” substitute “75”;

(d)25in paragraph 2(5), for “70” substitute “75”.

Welsh Language (Wales) Measure 2011 (2011 nawm 1)

39(1)In the English language text of Schedule 11 to the Welsh Language (Wales)
Measure 2011 (the Welsh Language Tribunal)—

(a)in paragraph 11, after “Tribunal”, the first time it occurs, insert “—

(a)30on reaching the age of 75, or

(b)”.;

(b)in paragraph 15, for “70” substitute “75”.

(2)In the Welsh language text of Schedule 11 to the Welsh Language (Wales)
Measure 2011 (the Welsh Language Tribunal)—

(a)35in paragraph 11, after “Tribiwnlys”, the first time it occurs, insert “—

(a)ar gyrraedd 75 oed, neu

(b)”.;

(b)in paragraph 15, for “70” substitute “75”.

Tribunals (Scotland) Act 2014 (asp 10)

4040In Schedule 7 to the Tribunals (Scotland) Act 2014, omit paragraph 10.

Public Service Pensions and Judicial Offices Bill [HL]Page 93

Justice Act (Northern Ireland) 2015 (c. 9 (N.I.))

41In section 4 of the Justice Act (Northern Ireland) 2015 (lay magistrates), in
subsection (11), for “70” substitute “75”.

Victims’ Payment Regulations 2020 (S.I. 2020/103)

42(1)5Schedule 1 to the Victims’ Payment Regulations 2020 (the Board) is
amended as follows.

(2)In paragraph 5, in sub-paragraph (5), for “70” substitute “75”.

(3)Omit sub-paragraph 6.

Part 2 10Transitional provision

General

43An amendment made by Part 1 of this Schedule has effect in relation to a
person appointed to an office to which the amendment relates whether the
person was appointed before or after the coming into force of the
15amendment.

Lay justices in England and Wales

44(1)This paragraph applies if on the commencement date—

(a)a person’s name is on the supplemental list, and

(b)the person is aged between 70 and 75.

(2)20The Lord Chancellor may, with the concurrence of the Lord Chief Justice,
direct that the person’s name be removed from the supplemental list for a
period specified in the direction (“the temporary period”).

(3)A direction under sub-paragraph (2) may be made only if—

(a)the person has applied for their name to be removed, and

(b)25the Lord Chancellor is satisfied that the direction is expedient as a
temporary measure in order to facilitate the disposal of business in
the magistrates’ court.

(4)The temporary period must end no later than the day on which the person
attains the age of 75.

(5)30Subject to that, the Lord Chancellor may, with the concurrence of the Lord
Chief Justice, amend a direction under sub-paragraph (2) to extend the
temporary period, if the Lord Chancellor is satisfied that the extension of the
period would be expedient as a temporary measure in order to facilitate the
disposal of business in the magistrates’ court.

(6)35The power in sub-paragraph (3) may be exercised more than once.

(7)Where the person’s name was entered on the supplemental list as a result of
section 13(4) or (5) of the Courts Act 2003, section 14(2) of that Act does not
apply to the removal of the person’s name from the list.

Public Service Pensions and Judicial Offices Bill [HL]Page 94

(8)A person’s name that, as a result of sub-paragraph (2), is not in the
supplemental list must be entered in the list at the end of the temporary
period.

(9)The Lord Chief Justice may nominate a judicial office holder as defined in
5section 109(4) of the Constitutional Reform Act 2005 to exercise functions of
the Lord Chief Justice under this paragraph.

(10)In this paragraph—

(a)“the commencement date” means the date on which the
amendments made by paragraph 33 come into force;

(b)10“the supplemental list” has the meaning given by section 12 of the
Courts Act 2003 (and references to entry in and removal from the
supplemental list are to be construed accordingly).

Lay magistrates in Northern Ireland

45(1)If—

(a)15a person ceased to hold office before the commencement date by
virtue of section 4(11) of the Justice Act (Northern Ireland) 2015 (c. 9
(N.I.)), and

(b)the person has not attained the age of 75,

the Northern Ireland Judicial Appointments Commission may appoint the
20person as a lay magistrate under this paragraph.

(2)For the purposes of sub-paragraph (1)—

(a)section 4(5) of that Act (which prohibits the appointment of a lay
magistrate unless certain training requirements are met) is to be
ignored, and

(b)25the reference in section 4(7) of that Act to eligibility for appointment
as a lay magistrate includes eligibility for appointment under this
paragraph.

(3)In this paragraph “the commencement date” means the date on which the
amendment made by paragraph 25(4)(d) takes effect.

30Part 3 Repeal of spent provisions etc

46Omit paragraph 3(3) of Schedule 9B to the Rates (Northern Ireland) Order
1977 (S.I. 1977/2157 (N.I. 28)).

47(1)The Judicature (Northern Ireland) Act 1978 is amended as follows.

(2)35In section 12B (tenure of office: Lord Chief Justice), in subsection (1), omit “,
and Schedule 7 to,”.

(3)In section 12C (tenure of office: Lords Justices of Appeal and certain High
Court judges), in subsection (1), omit “, and Schedule 7 to,”.

48(1)The Judicial Pensions and Retirement Act 1993 is amended as follows.

(2)40In Schedule 5 (retirement provisions: the relevant offices), omit the
following entries—

(a)Chairman of the Foreign Compensation Commission;

(b)Commons Commissioner;

Public Service Pensions and Judicial Offices Bill [HL]Page 95

(c)Chairman of a Registered Homes Tribunal constituted under the
Registered Homes Act 1984;

(d)Member of the Pensions Regulator Tribunal.

(3)In Schedule 6 (retirement dates for certain judicial offices), omit paragraphs
51, 2, 6, 10, 11, 15, 27 to 29, 33, 36, 43, 44, 53, 55, 61 and 62.

(4)Omit Schedule 7 except for paragraph 1(2).

49Omit paragraph 42 of Schedule 39 to the Education Act 1996.

50Omit paragraph 3(4) of Schedule 15 to the Immigration and Asylum Act
1999.

Section 104

10Schedule 2 Allowances payable to judicial office holders

Compensation Defence Act 1939 (c. 75)

1In section 8 of the Compensation Defence Act 1939 (constitution of
tribunals), in subsection (5)(a), after “(if any)” insert “and such allowances (if
15any)”.

Lands Tribunal Act 1949 (c. 42)

2(1)Section 2 of the Lands Tribunal Act 1949 (members, officers and expenses of
Lands Tribunal for Scotland) is amended as follows.

(2)In subsection (6), omit “travelling and subsistence”.

(3)20In subsection (10), after “remuneration” insert “and allowances”.

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

3In section 33 of the Courts-Martial (Appeals) Act 1951 (salaries of Judge
Advocate General and assistants), omit “travelling and subsistence”.

Coroners Act (Northern Ireland) 1959 (c. 15 (N.I.))

425In section 2 of the Coroners Act (Northern Ireland) 1959 (appointment of
coroners etc), in subsection (1), after “superannuation” insert “the payment
of allowances”.

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

5In section 106 of the County Courts Act (Northern Ireland) 1959 (salaries and
30allowances of judges), for subsections (3) and (4) substitute—

(3)The Department of Justice may pay to any judge such allowances as
may be determined by the Lord Chancellor with the consent of the
Treasury.”

Public Service Pensions and Judicial Offices Bill [HL]Page 96

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

6(1)Section 5 of the Lands Tribunal and Compensation Act (Northern Ireland)
1964 (travelling and subsistence allowances and other financial provisions)
is amended as follows.

(2)5In the heading, omit “travelling and subsistence”.

(3)In subsection (1), for “travelling and subsistence allowances at such rates”
substitute “such allowances”.

Courts-Martial (Appeals) Act 1968 (c. 20)

7In section 2 of the Courts-Martial (Appeals) Act 1968 (judges), in subsection
10(3), omit “travelling and subsistence”.

Administration of Justice Act 1973 (c. 15)

8(1)Section 9 of the Administration of Justice Act 1973 (judicial salaries) is
amended as follows.

(2)In the heading, at the end insert “etc”.

(3)15After subsection (3) insert—

(3A)There may be paid to judges of the Court of Session such allowances
as may be determined, with the consent of Treasury, by the Lord
Chancellor.”

Senior Courts Act 1981 (c. 54)

9(1)20Section 89 of the Senior Courts Act 1981 (masters and registrars) is amended
as follows.

(2)In subsection (7A), after “salary”, in both places it occurs, insert “and such
allowances”.

(3)In subsection (8), after “salaries” insert “and allowances”.

25County Courts Act 1984 (c. 28)

10In section 6 of the County Courts Act 1984 (district judges), in subsection (5),
after “salary” insert “and such allowances”.

Transport Act 1985 (c. 67)

11(1)Schedule 4 of the Transport Act 1985 (constitution, powers and proceedings
30of the transport tribunal) is amended as follows.

(2)In paragraph 6, after “remuneration” insert “and such allowances”.

(3)In paragraph 7, after “remuneration” insert “or allowances”.

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

12In paragraph 7 of Schedule 2 to the Social Security Administration (Northern
35Ireland) Act 1992 (Commissioners: supplementary provisions)—

(a)for “Lord Chancellor” substitute “Department of Justice”;

Public Service Pensions and Judicial Offices Bill [HL]Page 97

(b)after “remuneration,” insert “and such allowances”;

(c)for “Treasury” substitute “Lord Chancellor”.

Scottish Land Court Act 1993 (c. 45)

13(1)Schedule 1 to the Scottish Land Court Act 1993 (the Land Court) is amended
5as follows.

(2)In paragraph 3—

(a)in sub-paragraph (1), after “salary” insert “and such allowances”;

(b)in sub-paragraph (2), after “salary” insert “and such allowances”;

(c)in sub-paragraph (3), after “salary” insert “or an allowance”.

(3)10In paragraph 18, after sub-paragraph (2) insert—

(2A)The SCTS may pay to persons appointed under paragraph 10 of
this Schedule such allowances as the SCTS may determine.”

Merchant Shipping Act 1995 (c. 21)

14In section 297 of the Merchant Shipping Act 1995 (wreck commissioners etc),
15in subsection (4), after “remuneration” insert “and such allowances”.

Employment Tribunals Act 1996 (c. 17)

15In section 5 of the Employment Tribunals Act 1996 (remuneration, fees and
allowances), in subsection (1), after “remuneration” insert “and such
allowances”.

20Education (Northern Ireland) Order 1996 (S.I. 1996/274 (N.I. 1))

16In Article 22 of the Education (Northern Ireland) Order 1996 (constitution of
Tribunal), in paragraph (6)(a), after “remuneration” insert “, allowances”.

Industrial Tribunals (Northern Ireland) Order 1996 (S.I. 1996/1921 (N.I. 18))

17In Article 7 of the Industrial Tribunals (Northern Ireland) Order 1996
25(remuneration, fees and allowances), in paragraph (1), in the words after
paragraph (c), after “remuneration” insert “and allowances”.

Deregulation (Model Appeal Provisions) Order (Northern Ireland) 1997 (S.R. (N.I.) 1997 No.
269)

18In Chapter 1 of the Schedule to the Deregulation (Model Appeal Provisions)
30Order (Northern Ireland) 1997, in rule 6 of the model Rules (appointment of
the Tribunal), in paragraph (8), after “fees” insert “, allowances”.

Traffic Management (Northern Ireland) Order 2005 No. 1964 (N.I. 14)

19In Article 31 of the Traffic Management (Northern Ireland) Order 2005
(further provisions relating to adjudicators), after paragraph (2) insert—

(2A)35The Department may pay to an adjudicator such allowances as the
Department may determine.”

Public Service Pensions and Judicial Offices Bill [HL]Page 98

Judiciary and Courts (Scotland) Act 2008 (asp 6)

20(1)Section 20G of the Judiciary and Courts (Scotland) Act 2008 (remuneration
and expenses of temporary and former judges) is amended as follows.

(2)In subsection (1), after “remuneration” insert “and such allowances”.

(3)5In subsection (2), after “remuneration” insert “and different amounts of
allowances”.

Courts Reform (Scotland) Act 2014 (asp 18)

21(1)The Courts Reform (Scotland) Act 2014 is amended as follows.

(2)In section 16 (remuneration)—

(a)10in subsection (1), after “salary” insert “and such allowances”;

(b)in subsection (3), after “remuneration” insert “and such allowances”;

(c)in subsection (4), after “remuneration” insert “and different amounts
of allowances”;

(d)in subsection (5), after “remuneration” insert “and such allowances”;

(e)15in subsection (6), after “remuneration” insert “and different amounts
of allowances”;

(f)in subsection (12), after “salaries” insert “, allowances”;

(g)in subsection (13)—

(i)after “salary” insert “or an allowance”;

(ii)20after “remuneration” insert “or an allowance”.

(3)In section 124 (payment of salaries of Court of Session judges)—

(a)in the heading, after “salaries” insert “and allowances”;

(b)in subsection (1), after “salaries”, in the first place it occurs, insert
“and allowances”;

(c)25in subsection (2), after “salaries” insert “and such allowances”.

Section 105

Schedule 3 Judicial offices

Part 1 Lord Chief Justice as appointing authority for corresponding sitting in
30retirement office

Admiralty Registrar

Appointed Person for design rights appeal

Appointed Person for trademark appeals

Assistant Judge Advocate General

35Circuit Judge

Deputy Admiralty Registrar

Deputy District Judge

Deputy District Judge (Magistrates’ Courts) (England and Wales)

Deputy District Judge of the Principle Registry of the Family Division

Public Service Pensions and Judicial Offices Bill [HL]Page 99

Deputy Insolvency and Companies Court Judge

Deputy Master, Chancery Division

Deputy Master, Queen’s Bench Division

Deputy Registrar of Civil Appeals

5Deputy Taxing Master of the Senior Courts

District Judge

District Judge (Magistrates’ Courts) (England and Wales)

District Judge of the Principal Registry of the Family Division

High Court Judge (England and Wales)

10Insolvency and Companies Court Judge

Lord Justice of Appeal (England and Wales)

Master, Chancery Division

Master, Queen’s Bench Division

Recorder

15Registrar of Civil Appeals

Taxing Master of the Senior Courts

Part 2 Senior President of Tribunals as appointing authority for corresponding
sitting in retirement office

20Chair of the Reinstatement Committee

Chairman of the National Security Certificate Appeals Tribunal
(Northern Ireland)

Chairman of the Reserve Forces Appeal Tribunal

Deputy Chairman of the National Security Certificate Appeals Tribunal
25(Northern Ireland)

Deputy Judge of the Upper Tribunal

Employment Judge (England and Wales)

Judge of the First-tier Tribunal

Judge of the Upper Tribunal

30Member of a panel of chairmen of the Competition Appeal Tribunal

Member of the panel of chairmen of the Health Service Products (Pricing,
Cost Control and Information) Appeals Tribunal

Non-judicial Member of the First Tier Tribunal

Non-judicial Member of the Upper Tribunal

35Part 3 Lord Chief Justice of Northern Ireland as appointing authority for
corresponding sitting in retirement office

Child Support Commissioner for Northern Ireland

Coroner (Northern Ireland)

40County Court Judge (Northern Ireland)

Deputy Child Support Commissioner for Northern Ireland

Deputy Coroner (Northern Ireland)

Deputy County Court Judge (Northern Ireland)

Deputy District Judge (Magistrates’ Courts) (Northern Ireland)