Judicial Pensionsand RetirementAct 1993
CHAPTER8
LONDON: HMSO
Judicial Pensions andRetirement Act 1993
CHAPTER 8ARRANGEMENT OF SECTIONS
PART INEW ARRANGEMENTS FOR JUDICIAL PENSIONSApplication of Part I Section1.Persons to whom this Part applies.
Pensions for judicial officers2.The judicial officer's entitlement to a pension.3.The appropriate annual rate.
Derivative benefits4.Lump sum on the judicial officer's retirement or death.5.Surviving spouse's pension.6.Grant and payment of a children's pension.7.Children's pension: meaning of "period of childhood and full-timeeducation".8.Rate of children's pension.9.Contribution towards cost of surviving spouse's and children'spension.
Additional voluntary contributions10.Additional benefits from voluntary contributions.
Relationship with other pension schemes11.Provision against pensions under two or more judicial pensionschemes.12.Transfer of rights of persons holding qualifying judicial officebefore commencement.13.Election for personal pension instead of judicial pension.
c. 8 Judicial Pensions and Retirement Act 1993 
Supplemental provisions 
Section 
14. Application of this Part to holders of the office of Lord 
Chancellor. 
15. Circuit judges: the Recorder of London and the Common 
Serjeant. 
16. Disregard of abatement of pension under s.65 of the Social 
Security Act 1973 etc. 
17. Effect of certain nullity decrees. 
18. Continuity of tax treatment. 
PART II 
MISCELLANEOUS, GENERAL AND SUPPLEMENTARY PROVISIONS 
Additional benefits in respect of disregarded earnings 
19. Benefits in respect of earnings in excess of pension-capped salary. 
General provisions connected with the new schemes 
20. Appeals. 
21. Pensions payable to judicial officers etc. by local authorities in 
England and Wales. 
22. Application of the Pensions (Increase) Act 1971. 
23. Transfer of accrued benefits. 
24. Corresponding minor amendments to other enactments. 
Pensions for senior public investigative officers 
25. The Comptroller and Auditor General and the Parliamentary and 
Health Service Commissioners etc. 
Retirement date for certain judicial officers etc 
26. Retirement date for holders of certain judicial offices etc. 
27. Completion of proceedings after retirement. 
Miscellaneous and supplementary provisions 
28. Payments charged on Consolidated Fund etc. 
29. Regulations and orders. 
30. Interpretation. 
31. Short title, supplementary provisions and extent. 
SCHEDULES: 
Schedule 1—The offices which may be qualifying judicial 
offices. 
Part i—Judges. 
Part Il—Other appointments. 
Schedule 2—Transfer of accrued benefits. 
Part I—General. 
Part Il—Transfers out. 
Part III--—Transfers in. 
Schedule 3—Corresponding minor amendments to other 
pensions enactments. 
Part I—Amendments of the 1981 Act. 
Part Il—Amendment of the Sheriffs' Pensions (Scotland)• 
Act 1961. 
Judicial Pensions and Retirement Act 1993 c. 8 iii 
Part 111—Amendments of Northern Ireland provisions. 
Schedule 4—Pensions for senior public investigative officers. 
Part I—The Comptroller and Auditor General. 
Part Il—The Parliamentary Commissioner for 
Administration. 
Part Ill—The Health Service Commissioners. 
PartlY—The Comptroller and Auditor General for 
Northern Ireland. 
Part V—The Northern Ireland Parliamentary 
Commissioner for Administration and the 
Northern Ireland Commissioner for 
Complaints. 
Schedule 5—Retirement provisions: the relevant offices. 
Schedule 6—Retirement dates for certain judicial offices. 
Schedule 7—Retirement dates: transitional provisions. 
Schedule 8—Minor and consequential amendments. 
Schedule 9—Repeals and revocations. 
ELIZABETH II c. 8 
Judicial Pensions and 
Retirement Act 1993 
1993 CHAPTER 8 
An Act to make further provision with respect to the pensions and 
other benefits payable in respect of service in certain judicial, and 
related, offices and in certain senior public investigative offices; 
to amend the law relating to the date on which the holders of 
certain judicial, and related, offices are required to vacate those 
offices; and for purposes connected therewith. 
[29th March 1993] 
B E IT ENACTED by the Queen's most Excellent Majesty, by and with 
the advice and consent of the Lords Spiritual and Temporal, and 
Commons, in this present Parliament assembled, and by the 
authority of the same, as follows:— 
PART I 
NEW ARRANGEMENTS FOR JUDICIAL PENSIONS 
Application of Part I 
1.—(l) This Part applies— Persons to whom 
(a) to any person who first holds qualifying judicial office on or after this Part applies. 
the appointed day; 
(b) to any person— 
(i) who, immediately before the appointed day, was 
holding any qualifying judicial office, service in which was, in 
his case, subject to a judicial pension scheme; and 
(ii) who, on or after that day, ceases to hold that office and 
is appointed to some other qualifying judicial office, service in 
which would (apart from this Act) have been subject, in his 
case, to some other judicial pension scheme; 
2 c. 8 Judicial Pensions and Retirement Act 1993 
PART I (c) to any person who was not holding qualifying judicial office 
immediately before the appointed day, by virtue of having 
retired from such office, but who, on or after that day, is again 
appointed to such office; and 
(d) to any person who makes an election under subsection (2) below 
for this Part to apply to him; 
but this subsection is subject to the following provisions of this Act. 
(2) Any person— 
(a) who holds qualifying judicial office on the appointed day, and 
(b) who held such office at any time before that day, 
shall be entitled, in such circumstances as may be prescribed and subject 
to subsection (5) below, to make an election for this Part to apply to him, 
if it would not otherwise do so. 
(3) Any election under subsection (2) above must be made within such 
time and in such manner as may be prescribed and shall be irrevocable. 
(4) The circumstances that may be prescribed under subsection (2) 
above, and the time that may be prescribed under subsection (3) above, 
include circumstances or times which permit the making of an election 
notwithstanding that the person in question has retired from qualifying 
judicial office or has died; and, without prejudice to section 29(3) and (4) 
below, where any such circumstances or times are so prescribed— 
(a) the person in question shall be treated for such purposes as may 
be prescribed as if he had, at such times as may be prescribed, 
been a person to whom this Part applies; and 
(b) any right to make an election notwithstanding the person's death 
shall be exercisable by his personal representatives. 
(5) Except as provided by section 13 below, this Part does not apply to 
a person at any time when an election under that section is in force in 
respect of him; nor shall he make an election under subsection (2) above 
at any such time. 
(6) For the purposes of this Act, a person shall be regarded as holding, 
or serving in, qualifying judicial office at any time when he holds, on a 
salaried basis, any one or more of the offices specified in Schedule ito this 
Act; and any reference in this Act to a "qualifying judicial office" is a 
reference to any office so specified if it is held on a salaried basis. 
(7) For the purposes of subsection (6) above, a person holds an office 
"on a salaried basis" if and so long as, and to the extent that— 
(a) his service in the office is remunerated by payment of a salary; 
and 
(b) that salary is not subject to terms which preclude rights to 
pensions and other benefits accruing by reference to it; 
and the reference in that subsection to an office being held on a salaried 
basis shall be construed accordingly. 
(8) The appropriate Minister may by order amend either Part of 
Schedule 1 to this Act by adding offices to those for the time being there 
specified. 
(9) In this section, "prescribed" means prescribed in regulations made 
by the appropriate Minister. 
Judicial Pensions and Retirement Act 1993 c. 8 3 
(10) In this Part "the appointed day" means the day appointed under PART I 
section 31 below for the coming into force of this Part other than 
subsection (8) above. 
Pensions for judicial officers 
2.—(1) Any person to whom this Part applies— The judicial 
(a) who retires from qualifying judicial office on or after the day on iient to a which he attains the age of 65, and 
(b) who has, at the time of that retirement, completed, in the 
aggregate, at least 5 years' service in qualifying judicial office, 
shall be entitled during his life to a pension at the appropriate annual rate. 
(2) Any person to whom this Part applies— 
(a) who retires from qualifying judicial office on or after the day on 
which he attains the age of 60, but before attaining the age of 65, 
and 
(b) who has, at the time of that retirement, completed, in the 
aggregate, at least 5 years' service in qualifying judicial office, 
shall be entitled during his life to a pension at the appropriate annual rate, 
actuarially reduced. 
(3) In any case where— 
(a) a person to whom this Part applies retires from qualifying 
judicial office before he has attained the age of 65 or before he 
has completed, in the aggregate, at least 5 years' service in such 
office, and 
(b) the appropriate Minister is satisfied by means of a medical 
certificate that, by reason of infirmity of mind or body, the 
person is incapable of discharging the duties of his qualifying 
judicial office and that the incapacity is likely to be permanent, 
the person shall be entitled during his life to a pension at the appropriate 
annual rate (and subsection (2) above shall not have effect in relation to 
that retirement, notwithstanding that the conditions in paragraphs (a) 
and (b) of that subsection may be satisfied in the particular case). 
(4) Where a person to whom this Part applies is removed from a 
qualifying judicial office, his removal from that office shall be treated for 
the purposes of this Part as his retirement from qualifying judicial office; 
and if— 
(a) he has not attained the age of 60 at the date of that retirement, 
and 
(b) the appropriate Minister recommends that his accrued rights 
under this Part should be given immediate effect, 
the person shall be entitled during his life to a pension at the appropriate 
annual rate, actuarially reduced. 
(5) Where a person to whom a pension under this section has 
commenced to be paid resumes service in qualifying judicial office— 
(a) the resumption of service shall not affect his entitlement to 
payment of the pension for any period before the resumption, 
(b) he shall not be entitled to payment of the pension for any period 
during the resumed service, and 
4 c. 8 Judicial Pensions and Retirement Act 1993 
PART I (c) at the end of the period of resumed service— 
(i) his entitlement (and that of any other person) to a 
pension or other benefit under this Part, and 
(ii) the rate or amount of any such pension or other 
benefit, 
shall be determined (subject to section 4(4) below) as if no 
pension under this section had previously commenced to be 
paid to him. 
(6) A pension under this section shall be payable at such intervals, not 
exceeding three months, as the Treasury may determine. 
(7) For the purposes of this Part— 
(a) in determining the length of a person's period of service in any 
qualifying judicial office, it is immaterial whether he works full- 
time or part-time, but if he holds two or more qualifying judicial 
offices concurrently, no day shall be counted more than once; 
(b) in determining the length of a person's period of service in any 
qualifying judicial office, there shall be left out of account— 
(i) any service in such office before the day on which this 
Part first applied to him (except to the extent to which it is 
given effect under or by virtue of section 12 below); 
(ii) in the case of an office which becomes a qualifying 
judicial office by virtue of an order under section 1(8) above, 
any service in that office before the day on which it becomes 
such an office (except to the extent to which it is given effect 
under or by virtue of section 12 below); 
(iii) any service in qualifying judicial office at a time when 
an election under section 13 below is in force in respect of him; 
and 
(iv) any service in such office in respect of which he has 
taken a cash equivalent in accordance with paragraph 6 of 
Schedule 2 to this Act; 
(c) in any case falling within subsection (3) above where, at the date 
of the retirement, the person has not attained the age of 65, the 
aggregate length of his period of service shall be increased by the 
addition of a period equal in length to one half of that which— 
(i) begins immediately after the date of the retirement; and 
(ii) ends with the day on which he would attain the age of 
65; 
(d) where any payment in respect of a pension under this section has 
become due, the pension shall be treated as commencing to be 
paid, notwithstanding that no payment has in fact been made in 
respect of it, and for this purpose a payment in respect of a 
pension shall be treated as becoming due on the first day of the 
period for which it is payable; 
(e) "actuarially reduced", in relation to the rate of a pension, means 
reduced by such amount as may be prescribed in, or determined 
in accordance with, regulations made under this section by the 
appropriate Minister with the concurrence of the Treasury; 
Judicial Pensions and Retirement Act 1993 c. 8 5 
(f) where a person ceases to hold qualifying judicial office in PART I 
consequence of infirmity of mind or body, the cessation 
(however brought about) shall be taken for the purposes of this 
Part to constitute retirement, not removal, from such office. 
(8) In this Act "judicial pension" means a pension under this section. 
3.—(1) In the case of a person who has, at the time of his retirement' The appropriate 
from qualifying judicial office, completed, in the aggregate, at least 20 annual rate. 
years' service in such office, the "appropriate annual rate" for the 
purposes of this Act is an annual rate equal to one-half of his pensionable 
pay. 
(2) In the case of a person not falling within subsection (1) above, the 
"appropriate annual rate" for the purposes of this Act is an amount equal 
to one-fortieth of his pensionable pay, multiplied by the aggregate length 
of his service in qualifying judicial office (expressed in years and fractions 
of a year). 
(3) For the purposes of this Act— 
(a) a person's "pensionable pay" is the greater of the following 
amounts, that is to say— 
(i) the pension-capped salary payable to him in respect of 
his service in qualifying judicial office in the period of twelve 
months ending with the day on which, within the meaning of 
section 590C(1) of the Income and Corporation Taxes Act 1988 c. 1. 
1988 (earnings cap), his participation in the scheme 
constituted by this Part ceases; and 
(ii) the greatest amount of pension-capped salary payable 
to him in respect of such service in any other period of twelve 
consecutive months falling within the period of three years 
ending with that day; 
(b) a person's "pension-capped salary" for any period of twelve 
months is so much of his aggregate salary in respect of service in 
qualifying judicial office in that period as, within the meaning of 
section 590C(1) of the Income and Corporation Taxes Act 1988 
(earnings cap), does not exceed the permitted maximum for the 
year of assessment in which his participation in the scheme 
constituted by this Part ceases; 
(c) a person's salary in respect of service in any qualifying judicial 
office shall be taken to accrue due from day to day, at the rate 
for the time being in force, throughout the period for which he 
holds the office; 
(d) if, in consequence of periods of ill-health, the rate at which a 
person's salary in respect of service in any qualifying judicial 
office is payable to him for any period falling within the three 
years mentioned in paragraph (a)(ii) above is less than it would 
have been apart from the periods of ill-health, he shall be treated 
as if that salary had been payable to him throughout that period 
at the rate at which it would have been payable, apart from the 
periods of ill-health; 
6 c. 8 Judicial Pensions and Retirement Act 1993 
PART I (e) in determining a person's salary in respect of his service in 
qualifying judicial office, there shall be left out of account any 
part of the salary which is paid on terms which preclude rights 
to pensions and other benefits accruing by reference to it; 
but paragraphs (a) and (b) above are subject to regulations under 
subsections (4) and (5) below. 
(4) Regulations may make provision for any case where a person to 
whom this Part applies serves in qualifying judicial office neither— 
(a) throughout the whole of the period of twelve months mentioned 
in subsection (3)(a)(i) above; nor 
(b) throughout any other such period of twelve consecutive months 
as is mentioned in subsection (3)(a)(ii) above; 
and any such regulations may, in particular, provide for such a person's 
pensionable pay and pension-capped salary to be determined for the 
purposes of this Act as if he had served in his qualifying judicial office 
(whether full-time or part-time) throughout the whole of the period of 
twelve months mentioned in paragraph (a) above and had been paid in 
respect of that service a salary of an amount determined by reference to 
the annual rate of salary payable in his case in respect of service in that 
office in that period. 
(5) Regulations may also make provision for any case where the 
service in qualifying judicial office of a person to whom this Part applies 
is, or has at some time been, only part-time, within the meaning of the 
regulations; and any such regulations may, in particular, provide for the 
amount of salary by reference to which his pension-capped salary (and 
accordingly his pensionable pay) would fall to be determined, apart from 
this subsection, to be reduced, for the purpose of making any such 
determination, in accordance with the regulations. 
(6) In this section, "regulations" means regulations made by the 
appropriate Minister with the concurrence of the Treasury. 
Derivative benefits 
Lump sum on the 4.—(1) Where a judicial pension commences to be paid to a person, 
judicial officer's there shall also be paid to him a lump sum of an amount equal to two and 
retirement or one-quarter times the annual rate of the pension. 
(2) Where a judicial pension commences to be paid to a person, but he 
dies so soon thereafter that the aggregate of— 
(a) the sums paid or payable to him on account of that pension, 
1971 c. 56. including any increases under the Pensions (Increase) Act 1971, 
and 
(b) the lump sum paid or payable to him under subsection (1) above, 
falls short of an amount equal to five times the annual rate in force in 
respect of that pension immediately before his death, including any 
increases under the Pensions (Increase) Act 1971, his personal 
representatives shall be granted a lump sum equal to the deficiency. 
(3) Where a person to whom this Part applies dies while holding 
qualifying judicial office, a lump sum of an amount equal to twice the 
amount of his pensionable pay shall be payable— 
Judicial Pensions and Retirement Act 1993 c. 8 7 
(a) to the person (if any) nominated by him for the purposes of this PART I 
subsection by notice in writing to the administrators of the 
scheme constituted by this Part; or 
(b) in default of any such nomination, to his personal 
representatives; 
and, in determining a person's pensionable pay for the purposes of this 
subsection, his death shall be treated as his retirement from qualifying 
judicial office. 
(4) A person to whom a lump sum is paid under subsection (1) above 
but who resumes service in qualifying judicial office shall not be required 
to refund the lump sum; but if the whole or any part of it is not refunded, 
an amount equal to so much of it as has not been refunded shall be 
deducted from any lump sum which subsequently becomes payable to or 
in respect of him under subsection (1), (2) or (3) above. 
5.—(1) In any case where— Surviving spouse's 
(a) a person ("the deceased") to whom this Part applies dies leaving pension. 
a surviving spouse, and 
(b) their marriage took place before the deceased retired from 
qualifying judicial office, 
the surviving spouse shall be entitled to a pension for life (a "surviving 
spouse's pension") in respect of the deceased's service in such office, at an 
annual rate equal to one-half of the annual rate of the deceased's judicial 
pension. 
(2) A pension under this section shall be payable at such intervals, not 
exceeding three months, as the Treasury may determine. 
(3) If the surviving spouse re-marries, the Treasury may, on or at any 
time after the re-marriage, direct that the pension shall cease to be 
payable. 
(4) Where a direction has been given under subsection (3) above, the 
Treasury may at any time direct that payment of the pension is to be 
resumed. 
(5) Where the deceased died while holding qualifying judicial office, his 
death shall be treated for the purposes of subsection (1)(b) above as his 
retirement from such office. 
(6) For the purposes of this section, "the annual rate of the deceased's 
judicial pension" means— 
(a) where a judicial pension under subsection (1) or (3) of section 2 
above had commenced to be paid to the deceased, the 
appropriate annual rate of that pension; 
(b) where a judicial pension under subsection (2) or (4) of that 
section had commenced to be paid to the deceased, the 
appropriate annual rate of that pension, as actuarially reduced 
under that section; 
(c) where no judicial pension had commenced to be paid to the 
deceased, the rate that would have been the appropriate annual 
rate of his judicial pension under subsection (3) of that section— 
(i) had he not died, but retired from qualifying judicial 
office on the date of death; and 
8 c. 8 Judicial Pensions and Retirement Act 1993 
PARr I (ii) had the appropriate Minister been satisfied in his case 
as mentioned in paragraph (b) of that subsection. 
Grant and 6.—(1) Upon the death of a person to whom this Part applies ("the 
payment of a deceased") a pension in respect of his service in qualifying judicial office 
children's Pension, shall be granted for the benefit of such persons as may from time to time 
be the eligible children of the deceased (a "children's pension"). 
(2) The persons who, for the purposes of this Part, 'are the "eligible 
children" of the deceased at any time are— 
(a) any natural children of the deceased, 
(b) any step-children of the deceased, 
(c) any children adopted by the deceased before his retirement from 
qualifying judicial office, and 
(d) any children adopted by the deceased after his retirement from 
qualifying judicial office and in respect of whom a direction is 
given under subsection (5) below, 
who are for the time being in their period of childhood and full-time 
education. 
(3) Only one children's pension shall be granted in respect of the 
service of any one person, but— 
(a) the rate of the pension shall vary in accordance with section 8 
below, according to the number of his eligible children for the 
time being; 
(b) the pension shall be paid to such person or persons as the 
Treasury may from time to time direct, and different parts of the 
pension may be directed to be paid to different persons; and 
(c) the person to whom all or any part of the pension is paid shall 
apply the sum paid to him, without distinction, for the benefit 
of all the persons who are for the time being eligible children of 
the deceased or, as the case may be, for the benefit of such of 
them as the Treasury may from time to time direct. 
(4) A children's pension— 
(a) shall be paid so long as and whenever there are eligible children 
of the deceased; and 
(b) shall be payable at such intervals, not exceeding three months, as 
the Treasury may determine. 
(5) The Treasury may direct that a person ("the child") who was 
adopted by the deceased is to be regarded as falling within paragraph (d) 
of subsection (2) above if they are satisfied— 
(a) that the deceased had, before his retirement from qualifying 
judicial office, formed the intention of adopting the child; and 
(b) that, immediately before that retirement, the child was wholly or 
mainly dependent on the deceased. 
(6) Where the deceased died while holding qualifying judicial office, his 
death shall be treated for the purposes of subsection (2)(c) above as his 
retirement from such office. 
Judicial Pensions and Retirement Act 1993 c. 8 9 
(7) In this section, "step-children of the deceased" means— PART I 
(a) any natural children of any person to whom the deceased was at 
any time married who, at the time of the marriage, either had 
been born or were in gestation; 
(b) any children adopted by such a person before the marriage to the 
deceased; and 
(c) any children adopted by such a person after the marriage to the 
deceased in a case where the adoption proceedings were pending. 
at the time of the marriage. 
(8) For the purposes of this section the "natural children" of any 
person are any children of whom that person is the genetic father or 
mother. 
7.—(1) For the purposes of section 6 above, a person is in his "period Children's 
of childhood and full-time education" at any time if, and only if, at that pension: meaning 
time— of period of 
childhood and 
(a) he has not attained the age of 16; full-time 
(b) he is receiving full-time instruction at any university, college, education". 
school or other educational establishment; or 
(c) he is undergoing training by any person ("the employer") for any 
trade, profession or vocation in such circumstances that— 
(i) he is required to devote the whole of his time to the 
training for a period of not less than two years; and 
(ii) while he is undergoing the training, the emoluments 
receivable by him, or payable by the employer in respect of 
him, do not exceed the maximum allowable remuneration, 
disregarding for this purpose any emoluments receivable or 
payable by way of return of any premium paid in respect of 
the training. 
(2) A person shall not be regarded for the purposes of this section as 
coming within paragraph (b) or (c) of subsection (1) above at any time 
unless he has come within one or other of those paragraphs at all times 
since he attained the age of 16. 
(3) Where there is a period during which a person comes within neither 
paragraph (b) nor paragraph (c) of subsection (1) above, then, if the 
Treasury think fit and are satisfied that the person's full-time education 
ought not to be regarded as completed, they may direct either— 
(a) that that period shall be disregarded for the purposes of 
subsection (2) above; or 
(b) that the person shall be regarded for the purposes of this section 
as having come within paragraph (b) or (c) of subsection (1) 
above throughout that period. 
(4) For the purposes of this section— 
"emoluments" means any salary, fees, wages, perquisites or profits 
or gains whatsoever, and includes the value of free board, 
lodging or clothing; 
"the maximum allowable remuneration" at any time is an annual 
rate 1,614 a year, at the passing of this Act) equal to that at 
which a pension of £250 a year— 
10 c. 8 Judicial Pensions and Retirement Act 1993 
PART I (a) first awarded under the principal civil service pension 
scheme on 1st June 1972, and 
(b) increased from time to time by the amount of increase 
1971 c. 56. that would be applied under the Pensions (Increase) Act 1971 
to such a pension, 
would (as so increased) be payable at that time. 
(5) Where a premium has been paid in respect of the training of a 
person, all emoluments at any time receivable by him, or payable by the 
employer in respect of him, shall be taken for the purposes of subsection 
(1)(c)(ii) above to be receivable or payable by way of return of the 
premium, unless and to the extent that the amount of those emoluments 
exceeds in the aggregate the amount of the premium. 
Rate of children's 8.—(1) Where the deceased leaves no surviving spouse, the annual rate 
pension. of a children's pension shall be— 
(a) while the eligible children of the deceased are two or more in 
number, two-thirds of the annual rate of the deceased's judicial 
pension; and 
(b) while there is only one eligible child of the deceased, one-third of 
the annual rate of the deceased's judicial pension. 
(2) Where the deceased leaves a surviving spouse, the annual rate of a 
children's pension during the life of the surviving spouse shall be— 
(a) while the eligible children of the deceased are two or more in 
number, one-half of the annual rate of the deceased's judicial 
pension; and 
(b) while there is only one eligible child of the deceased, one-quarter 
of the annual rate of the deceased's judicial pension; 
and the annual rate of the children's pension after the death of the 
surviving spouse shall be the rate specified in paragraph (a) or, as the case 
may be, paragraph (b) of subsection (1) above. 
(3) Where the deceased leaves a surviving spouse who remarries, the 
Treasury may, if they think fit, direct that subsection (1) above shall apply 
instead of subsection (2) above as respects any period when the surviving 
spouse has a spouse. 
(4) "The annual rate of the deceased's judicial pension" has the same 
meaning for the purposes of this section as it has for the purposes of 
section 5 above. 
Contribution 9.—(1) Such contributions as may be prescribed by regulations made 
towards cost of for the purposes of this section shall be made towards the cost of the 
surviving spouse's liability for any pension or pensions under sections 5 to 8 above in respect 
and children s of a person's service in qualifying judicial office. pension. 
(2) No contribution shall be made by a person for any period of service 
during which an election under section 13 below is in force in respect of 
him. 
(3) The prescribed contributions shall be in the form of deductions 
from the salary payable in respect of the service. 
Judicial Pensions and Retirement Act 1993 c. 8 11 
(4) In the case of persons to whom this Part applies by virtue of section PART I 
1(1)(b), (c) or (d) above, the prescribed contributions may 
(notwithstanding subsection (3) above) be in the form of either— 
(a) deductions from the salary payable in respect of the service, or 
(b) a reduction of any lump sum payable under section 4 above in 
respect of the service, 
or partly in one of those forms and partly in the other. 
(5) The power to make regulations under this section shall be 
exercisable by the appropriate Minister with the concurrence of the 
Treasury. 
Additional voluntary contributions 
1O.—( 1) Regulations may make provision— Additional 
benefits from (a) entitling any person to whom this Part applies to make voluntary voluntary contributions towards the cost of the provision of additional contributions. 
benefits, whether under the scheme constituted by this Part or 
otherwise; or 
(b) imposing conditions with respect to the exercise by any such 
person of any entitlement (whether or not under paragraph (a) 
above) which he may have to make any such voluntary 
contributions. 
(2) Regulations may make provision for the purpose of imposing, in a 
case where a person to whom this Part applies makes voluntary 
contributions, upper limits with respect to— 
(a) the aggregate value of the aggregable benefits which may be paid 
to or in respect of any such person; and 
(b) the amount which any such person may pay by way of such 
contributions; 
and, without prejudice to the generality of paragraph (b) above, any such 
regulations may, in particular, impose such an upper limit on the amount 
which a person may pay by way of voluntary contributions as will, so far 
as reasonably practicable, secure that the aggregate value referred to in 
paragraph (a) above will not exceed the limit prescribed under that 
paragraph. 
(3) Regulations may— 
(a) prescribe the manner in which aggregable benefits are to be 
valued for the purpose of any such aggregation as is mentioned 
in subsection (2) above; 
(b) confer on the administrators of the scheme constituted by this 
Part power to require a person to whom this Part applies who 
is making, or who wishes to make, voluntary contributions to 
provide such information as they may require concerning any 
retained benefits of his; 
(c) permit the disclosure by those administrators of any information 
which they may obtain concerning any such retained benefits— 
(i) to, or to any officers of, the Commissioners of Inland 
Revenue; or 
12 c. 8 Judicial Pensions and Retirement Act 1993 
PART I (ii) to, or to any servants or agents of, any authorised 
provider who is, or may be, concerned in the investment of the 
voluntary contributions or the provision of the additional 
benefits in question. 
(4) Regulations— 
(a) may not prohibit the payment of voluntary contributions; 
(b) may not impose any limit on the amount which a person may pay 
by way of voluntary contributions, other than either or both of 
the following, that is to say— 
(i) such upper limit as may be imposed by virtue of 
subsection (2)(b) above; or 
(ii) an upper limit corresponding to that for the time being 
1988 c. 1. fixed by or under section 594 of the Income and Corporation 
Taxes Act 1988 (exempt statutory schemes); 
(c) must secure that any voluntary contributions paid by a person 
are used to provide additional benefits for or in respect of him; 
and 
(d) must secure that the value of such additional benefits is 
reasonable, having regard to— 
(i) the amount paid by way of voluntary contributions; 
(ii) the value of the other benefits provided under the 
scheme constituted by this Part; and 
(iii) the general value of benefits available to a person 
under any contract of life insurance entered into by him with 
1982 c. 50. an insurance company to which Part II of the Insurance 
Companies Act 1982 (regulation of insurance companies 
carrying on insurance business within the United Kingdom) 
applies; 
but paragraphs (c) and (d) above have effect only in relation to a 
voluntary contributions scheme constituted by or under this Part. 
(5) Regulations may, in particular— 
(a) provide that the value of additional benefits offered on payment 
of voluntary contributions shall be determined in accordance 
with prescribed rules based on tables prepared for the purposes 
of the regulations by the Government Actuary; 
(b) prescribe the manner in which it is to be determined in any case 
whether the amount of a person's contributions exceeds any 
such limit as is mentioned in subsection (4)(b) above; 
(c) provide for any administrative expenses incurred by any person 
by virtue of this section to be defrayed out of sums received by 
way of voluntary contributions; 
(d) provide for the manner in which voluntary contributions are to 
be made; 
(e) make provision for, and in connection with, the valuation of a 
person's accrued rights— 
(i) under any occupational or personal pension scheme, 
which are to be transferred into a voluntary contributions 
scheme, or 
Judicial Pensions and Retirement Act 1993 c. 8 13 
(ii) under any voluntary contributions scheme, which on PART I 
termination of his membership of that scheme may fall to be 
transferred into another scheme; 
(f) prescribe the additional benefits which are to be available under 
a voluntary contributions scheme and the rates and times at 
which those benefits are to be payable; 
(g) make provision for and in connection with the making of 
elections between different benefits available under voluntary 
contributions schemes; 
(h) provide for the terms on which a person may terminate his 
membership of a voluntary contributions scheme; 
(j) provide for the terms on which surplus funds may be refunded to 
a person who has made payments by way of voluntary 
contributions to a voluntary contributions scheme; 
(k) specify any authorised providers— 
(i) who are to invest any prescribed voluntary 
contributions, or 
(ii) who are to provide any prescribed additional benefits, 
and, if two or more authorised providers are so specified, may 
make provision entitling any person who makes prescribed 
payments by way of voluntary contributions to elect between 
those authorised providers. 
(6) Regulations may provide for such additional benefits arising under 
or by virtue of this section as may be prescribed— 
(a) to be charged on, and paid out of, the Consolidated Fund; or 
(b) to be paid out of money provided by Parliament. 
(7) The power to make regulations under this section shall be 
exercisable by the appropriate Minister with the concurrence of the 
Treasury. 
(8) In this section— 
"aggregable benefits" means— 
(a) any pensions or other benefits under this Part, other 
than such additional benefits as are mentioned in subsection 
(1) above; 
(b) such additional benefits so mentioned as may be 
prescribed; and 
(c) such retained benefits as may be prescribed; 
"authorised provider", in relation to the investment of any sums 
paid by way of voluntary contributions or the provision of any 
benefit, means a person who is authorised under Chapter III of 
Part I of the Financial Services Act 1986 to invest those sums or, 1986 c. 60. 
as the case may be, to provide that benefit; 
"employment" has the same meaning as it has in the Social Security 1975 c. 60. 
Pensions Act 1975 (and accordingly includes employment as a 
self-employed earner, within the meaning of that Act); 
"occupational pension scheme" has the meaning given by section 
66(1) of the Social Security Pensions Act 1975 or, in relation to 
Northern Ireland, Article 2(2) of the Social Security Pensions S.I. 1975/1503 
(Northern Ireland) Order 1975; (NI. 15). 
108933 A2 
14 c. 8 Judicial Pensions and Retirement Act 1993 
PART I "personal pension scheme" has the meaning given by section 84(1) of 
1986 c. 50. the Social Security Act 1986 or, in relation to Northern Ireland, 
Si. 1986/1888 Article 2(2) of the Social Security (Northern Ireland) Order 
(N.!. 18). 1986; 
"prescribed" means specified in, or determined in accordance with, 
regulations; 
"regulations" means regulations under this section; 
"relevant benefits" has the meaning given by section 6 12(1) of the 
1988 c. 1. Income and Corporation Taxes Act 1988; 
"retained benefits", in the case of any person, means any rights 
retained by him to relevant benefits under any occupational or 
personal pension scheme which has, or which may be expected 
to qualify for, tax-exemption or tax-approval, being rights 
which accrued during some previous employment; 
"surplus funds", in relation to a person and any voluntary 
contributions scheme, means any funds which are, or have been, 
held for the purposes of that voluntary contributions scheme 
and which fall to be returned to him in consequence of any such 
limit as is mentioned in subsection (4)(b) above; 
"tax-exemption" and "tax-approval" have the meaning given by 
section 84(1) of the Social Security Act 1986; 
"voluntary contributions scheme" means any occupational pension 
scheme if and to the extent that it is a scheme under which such 
additional benefits as are mentioned in subsection (1) above are, 
or are to be, provided; 
and, where a person's voluntary contributions are made by deduction 
from salary, any reference to payment of, or by way of, voluntary 
contributions shall be taken to include a reference to the making of 
voluntary contributions by deduction or, as the case may require, to any 
voluntary contributions so made. 
(9) Without prejudice to section 29(6) below, regulations under this 
section may make different provision for different classes or descriptions 
of voluntary contributions scheme. 
(10) Without prejudice to subsections (5)(c) and (d) and (6) above, 
there may be paid out of money provided by Parliament— 
(a) any sums required for or in connection with the operation or 
administration of any prescribed voluntary contributions 
scheme; or 
(b) any administrative expenses incurred under or by virtue of this 
section by a Minister of the Crown or government department. 
(11) Any sums received under this section may be paid into the 
Consolidated Fund. 
Relationship with other pension schemes 
Provision against 11.—(l) Where this Part applies, or would, apart from section 13 
pensions under below, apply, to a person— 
two or more . . . . 
judicial pension (a) no other judicial pension scheme, apart from— 
schemes. (i) any scheme established by regulations under section 10 
above which may fall to be regarded as a judicial pension 
scheme, and 
Judicial Pensions and Retirement Act 1993 c. 8 15 
(ii) the scheme constituted by section 19 below, PART I 
shall have effect in relation to him; and 
(b) no pension or lump sum under any such scheme shall be paid to 
or in respect of him. 
(2) Subsection (1) above is without prejudice to a person's accrued 
rights to benefit under any such scheme in respect of service before the 
relevant day; and, in the case of a person to whom this Part applies, any 
such rights which he may have shall accordingly be given effect in 
accordance with section 12 below. 
(3) Subsections (1) and (2) above shall not— 
(a) preclude the payment of a pension or other benefits under— 
(i) the principal civil service pension scheme, or 
(ii) the principal civil service pension scheme for the civil 
service of Northern Ireland, 
in respect of service before the relevant day, or 
(b) affect any rights to a pension or other benefits under either of 
those schemes in respect of such service, 
unless at least some of that service was in qualifying judicial office. 
(4) In this section, the "relevant day", in the case of any person, means 
the day on which this Part first applies, or would, apart from section 
13(8)(a) below, first apply, to him. 
12.—(1) Where this Part begins to apply to a person by virtue of Transfer of rights 
paragraph (b), (c) or (d) of section 1(1) above— of persons holding 
qualifying judicial (a) any relevant nghts of his shall be transferred to the scheme office before 
constituted by this Part; and commencement. 
(b) entitlement to, and the rate or amount of, any judicial pension or 
derivative benefit payable under this Part to or in respect of him 
shall accordingly be determined by reference to— 
(i) the rights so transferred; and 
(ii) his service in qualifying judicial office on or after the 
relevant day. 
(2) Regulations may make provision— 
(a) for calculating, whether by actuarial assessment or otherwise, 
the amount or value of the rights transferred under subsection 
(1) above, and 
(b) prescribing the manner in which those rights are to be given 
effect under this Part, 
and, without prejudice to the generality of paragraph (b) above, 
regulations under that paragraph may provide for those rights to be so 
given effect by crediting the person in question with such service on or 
after the relevant day as may be prescribed. 
(3) For the purposes of this section— 
(a) a person's "relevant rights" are his accrued rights to benefit 
under any judicial pension scheme constituted otherwise than 
by or under this Act; but 
(b) rights under— 
16 c. 8 Judicial Pensions and Retirement Act 1993 
PART I (i) the principal civil service pension scheme, or 
(ii) the principal civil service pension scheme for the civil 
service of Northern Ireland, 
shall not be regarded as relevant rights for the purposes of this 
section unless at least some of the person's service which was 
subject to the scheme in question was service in qualifying 
judicial office and, in that event, all his rights under that scheme 
shall be regarded as relevant rights. 
(4) In this section— 
"prescribe" means prescribe in regulations; 
"regulations" means regulations made by the appropriate Minister 
with the concurrence of the Treasury; 
"the relevant day", in relation to any person, means the day on which 
this Part first applies to him. 
Election for 13.—(1) A person to whom this Part applies, or to whom it would 
personal pension apply apart from this section, may be a member of a personal pension 
instead of judicial scheme while holding qualifying judicial office if, and only if, he serves on pension, the appropriate Minister a written notice of election, which shall— 
(a) identify the personal pension scheme in question; and 
(b) be expressed to take effect on a date not less than three months 
after service of the notice; 
and, in accordance with section 1(5) above, where a person makes an 
election under this section, he shall not be regarded as a person to whom 
this Part applies at any time when the election is in force. 
(2) An election made by a person under this section— 
(a) shall be irrevocable, except as provided by the following 
provisions of this section; and 
(b) shall not affect any rights of his which accrued under this Part 
before the election comes into force; 
and, in accordance with section 2(7)(b)(iii) above, any service of his in 
qualifying judicial office while the election is in force shall be left out of 
account in determining the length of his service in such office for the 
purposes of this Part. 
(3) Where an election under this section is in force and the person who 
made it continues to hold qualifying judicial office, he may make a written 
application to the appropriate Minister requesting that he should once 
again become a person to whom this Part applies. 
(4) If, on an application under subsection (3) above, the appropriate 
Minister is satisfied that the applicant is in good health, he may direct that 
this Part shall once again apply to the applicant with effect from a date 
(his "date of re-admission") not less than three months after service of the 
application. 
(5) A person's election under this section shall cease to be in force on 
his date of re-admission. 
Judicial Pensions and Retirement Act 1993 c. 8 17 
(6) An applicant under subsection (3) above shall— PART I 
(a) provide such evidence relating to his health, and 
(b) submit to any such medical examination, 
as may be reasonably required by the appropriate Minister. 
(7) The appropriate Minister shall give written notice of his decision 
on an application under subsection (3) above to the applicant not later 
than three months after service of the application. 
(8) Where an election (whenever made) under any of the 
corresponding provisions is in force in respect of a person on the relevant 
day— 
(a) the election shall have effect for the purposes of this Part, and 
shall continue in force, as if made under this section; and 
(b) if and so long as the election remains in force, the person shall be 
precluded from making an election under section 1(2) above; 
but if, on an application under subsection (3) above in relation to the 
election, the appropriate Minister directs that this Part shall apply to that 
person, the election shall, in accordance with subsection (5) above, cease 
to be in force for the purposes of this Part (as well as for those of the Act 
or instrument containing the corresponding provision), paragraphs (a) 
and (b) above shall cease to have effect in relation to it, and the 
application shall have effect as the applicant's election under section 1(2) 
above. 
(9) In this section— 
"the corresponding provisions" means— 
(a) section 1 4A(3) of the 1981 Act; 
(b) section 1 16A(3) of the County Courts Act (Northern 1959 c. 25 (N.!.). 
Ireland) 1959; 
(c) section 2A(3) of the Resident Magistrates' Pensions 1960 c. 2 (N.!.). 
Act (Northern Ireland) 1960; 
(d) section 2A(3) of the Lands Tribunal and 1964 c. 29 (N.!.). 
Compensation Act (Northern Ireland) 1964; 
(e) section 2A(1) of the Superannuation (Miscellaneous 1969 c. 7 (N.J.). 
Provisions) Act (Northern Ireland) 1969; 
(1) paragraph 7A(3) of Schedule 10 to the Social Security 1975 c. 15. 
(Northern Ireland) Act 1975; 
and, in the case of any other judicial pension scheme, any 
provision of that scheme which confers a right to elect for a 
pension under a personal pension scheme; 
"personal pension scheme" means a scheme in respect of which there 
is in force a current appropriate scheme certificate issued by the 
Occupational Pensions Board in accordance with section 2 of 
the Social Security Act 1986 or, in the case of qualifying judicial 1986 c. 50. 
office held in Northern Ireland, in accordance with Article 4 of 
the Social Security (Northern Ireland) Order 1986; S.!. 1986/1888 
"the relevant day", in the case of any person, means the day on which 18). 
this Part first applies, or would, apart from any election under 
this section or the corresponding provisions, first apply to him. 
18 c. S Judicial Pensions and Retirement Act 1993 
PART I Supplemental provisions 
Application of 14.—( 1) Not more than one pension shall be paid under section 2 above 
this Part to and the Lord Chancellor's Pension Act 1832 to a person to whom this 
holders of the Part applies who has also held the office of Lord Chancellor. 
office of Lord 
(2) In determining the appropriate annual rate of a pension payable 
C. under section 2 above to such a person as is mentioned in subsection (1) 
above who either—-- 
(a) was holding the office of Lord Chancellor immediately before the 
appointed day, or 
(b) first held that office on or after that day, 
the length of his service in qualifying judicial office shall be treated as 
increased by the aggregate length of his periods of service in the office of 
Lord Chancellor (excluding any day of service in that office which is also 
a day of service in qualifying judicial office). 
1832 c. 111. (3) Where a pension under the Lord Chancellor's Pension Act 1832 is, 
or would, but for his death, have been, paid to such a person as is 
mentioned in subsection (1) above (so that no derivative benefits are 
payable to or in respect of him under this Act) Part II of the 1981 Act shall 
continue to have effect with respect to the derivative benefits, within the 
meaning of that Part, which are payable to or in respect of him by virtue 
of his service in the office of Lord Chancellor, and shall do so 
notwithstanding anything in section 11 or 12 above. 
(4) Except as provided by subsection (3) above, no pension or other 
benefit shall be paid under that Part of that Act to or in respect of a person 
to whom this Part applies. 
Circuit judges: the 15. Subject to sections 1(8) above and 21 below and to any regulations 
Recorder of under section 38 or 39A of the Superannuation Act 1965 (employment in 
London and the more than one public office), nothing in this Part shall apply in relation to 
Common Serjeant. the pensiàns and other benefits payable to or in respect of a person in 
respect of his service as a Circuit judge by virtue of holding the office of 
Recorder of London or Common Serjeant; and accordingly— 
(a) those matters shall continue to be provided for as mentioned in 
1964 c. iv. section 7 of the City of• London (Courts) Act 1964 
(remuneration, pensions and other benefits in respect of those 
offices to be defrayed by the Common Council); and 
(b) service as a Circuit judge by virtue of holding either of those 
offices shall not be regarded as service in qualifying judicial 
office. 
Disregard of 16. In making any calculation for the purposes of sections 4 to 8 above, 
abatement of any abatement of a pension falling to be made under any order made 
pension under s.65 under— of the Social . . . 
Security Act 1973 (a) section 65 of the Social Security Act 1973 (modification etc of 
etc. public service pension schemes), or 
1973 c. 38. . 
S.I. 1975/1503 (b) Article 61 of the Social Secunty Pensions (Northern Ireland) 
(N.I. 15). Order 1975 (corresponding provision for Northern Ireland), 
shall be left out of account. 
Judicial Pensions and Retirement Act 1993 c. 8 19 
17. Where a marriage which is voidable, but not void from the PART I 
beginning, is declared null by any court, the same results shall follow Effect of certain 
under this Part as would have followed if the marriage had not been nullity decrees. 
voidable but had been dissolved at the date of the declaration of nullity. 
18.—( 1) For the purposes of Chapter I of Part XIV of the Income and Continuity of tax 
Corporation Taxes Act 1988 (retirement benefit schemes) the provisions treatment. 
of this Part shall be regarded as amendments, for such persons as are 1988 c. 1. 
mentioned in section 1(1) above, of the statutory schemes constituted by 
or under the 1981 Act; and, accordingly, any scheme constituted by this 
Part— 
(a) shall be taken to have been established before 14th March 1989; 
and 
(b) is a relevant statutory scheme for the purposes of that Chapter. 
(2) Expressions used in this section and in Chapter I of Part XIV of the 
Income and Corporation Taxes Act 1988 have the same meaning in this 
section as they have in that Chapter. 
PART II 
MISCELLANEOUS, GENERAL AND SUPPLEMENTARY PROVISIONS 
Additional benefits in respect of disregarded earnings 
19.—(1) This section applies in any case where— Benefits in respect 
(a) a pension or lump sum is payable under Part I above to or in 
respect of a person to whom that Part applies (the "judicial capped salary. 
officer"); and 
(b) the amount which constitutes the judicial officer's pensionable 
pay is less than it would have been, had pension-capped salary 
fallen to be determined under section 3(3)(b) above, in his case, 
without the limit imposed by reference to the permitted 
maximum there mentioned; 
but nothing in this subsection applies in relation to any additional benefits 
provided under section 10 above. 
(2) Where this section applies, payments by way of pension or lump 
sum shall be made to or in respect of the judicial officer amounting to the 
difference between— 
(a) the rate or amount payable in respect of the pension or lump sum 
referred to in subsection (1) above; and 
(b) the rate or amount that would have been payable in respect of 
that pension or lump sum, had pension-capped salary fallen to 
be determined under section 3(3)(b) above, in his case, without 
the limit imposed by reference to the permitted maximum there 
mentioned. 
(3) No contributions shall be payable under or by virtue of section 9 
above in respect of the cost of the liability to make payments under this 
section. 
(4) For the purposes of Chapter I of Part XIV of the Income and 
Corporation Taxes Act 1988 (retirement benefit schemes) this section 
shall be taken to constitute a statutory scheme, within the meaning of that 
Chapter,— 
20 c. 8 Judicial Pensions and Retirement Act 1993 
PART II (a) which is separate and distinct from any such scheme constituted 
by Part I above (or by any other enactment or instrument); and 
(b) which is not capable of being a relevant statutory scheme, within 
the meaning of that Chapter. 
(5) The appropriate Minister may regulations make provision for 
implementing this section; and any such regulations may, in particular, 
make provision— 
(a) for or with respect to the calculation of benefits under this 
section; 
(b) for or with respect to the time at which and method by which 
payments under this section are to be made. 
General provisions connected with the new schemes 
Appeals. 20.—(l) If any person to whom this section applies is aggrieved by any 
decision taken by the administrators of a relevant pension scheme 
concerning— 
(a) the interpretation of the rules of the scheme, or 
(b) the exercise of any discretion under the scheme, 
he shall have a right of appeal to the appropriate Minister against that 
decision. 
(2) On deciding an appeal under this section, the appropriate Minister 
may give to the administrators such directions as he considers necessary 
or expedient for implementing his decision. 
(3) The persons to whom this section applies are the following— 
(a) any person to whom Part I above applies or has applied; 
(b) the widow or widower, or any surviving dependant, of a person 
who served in qualifying judicial office but who has died; and 
(c) where the decision relates to the question— 
(i) whether a person who claims to be such a person as is 
mentioned in paragraph (a) or (b) above is such a person, or 
(ii) whether a person who claims to be entitled to become 
a person to whom Part I above applies is so entitled, 
the person so claiming. 
(4) Regulations may make provision as to the manner in which, and 
time within which, appeals under this section are to be brought. 
(5) The administrators shall be entitled to appear and be heard on any 
appeal under this section. 
(6) In this section— 
"regulations" means regulations made by the appropriate Minister; 
"relevant pension scheme" means any scheme constituted under or 
by virtue of Part I or section 19 above for the payment of 
pensions or other benefits; 
"rules", in relation to a relevant pension scheme, means the 
provisions of Part I and section 19 above and of any regulations 
or orders made under or by virtue of that Part or that section. 
Judicial Pensions and Retirement Act 1993 c. 8 21 
21.—(1) This section applies in any case where— PART II 
(a) an order under section 1(8) above amends Schedule 1 to this Act 
by the addition of any office ("the office") to those for the time etc. by local 
being specified in that Schedule; and authorities in 
(b) immediately before the coming into force of the order, a local England and 
authority was under a liability to defray, whether in whole or in a es. 
part, pensions or other benefits payable in respect Of service in 
the office. 
(2) Where this section applies, the appropriate Minister may by order 
made with the consent of the Treasury— 
(a) provide for the local authority to be discharged, to such extent as 
may be prescribed, from the liability to pay pensions or other 
benefits in respect of such service in the office as may be 
prescribed; and 
(b) require the local authority instead to make prescribed payments 
to the Treasury. 
(3) In framing the provisions of an order under subsection (2) above, 
regard shall be had to the desirability of securing so far as reasonably 
practicable— 
(a) that the payments required to be made by the local authority are 
such as to reimburse the Treasury in respect of so much of— 
(i) any pension or lump sum payable under Part I above, 
or 
(ii) any sums payable by way of pension or lump sum 
under section 19 above, 
to or in respect of any person to whom Part I above applies as 
may reasonably be regarded as attributable to his service in the 
office; and 
(b) that the local authority is discharged, to a corresponding extent, 
from the liability to pay any pension or other benefit to or in 
respect of such a person in respect of his service in the office. 
(4) In this section— 
"local authority" means any county council, district council, 
London Borough Council or the Common Council of the City 
of London; 
"prescribed" means specified in, or determined in accordance with, 
an order under subsection (2) above. 
(5) Nothing in this section applies in relation to any pension or other 
benefits payable under or by virtue of section 10 above. 
(6) This section is without prejudice to the generality of section 29 
below. 
22.—(1) In the Pensions (Increase) Act 1971, in Schedule 2 (which Application of the 
specifies the pensions and other benefits which fall to be increased under Pensions 
or by virtue of that Act) after paragraph 4 (and beneath the heading (Increase) Act 
relating to the administration of justice) there shall be inserted— 
56. 
"4A. A pension payable under Part I or section 19 of the Judicial 
Pensions and Retirement Act 1993, other than a pension payable 
under or by virtue of section 10 of that Act." 
22 c. 8 Judicial Pensions and Retirement Act 1993 
II (2) The pensions in relation to which the Pensions (Increase) Act 1971 
1971 c. 56. extends to Northern Ireland shall include pensions payable under Part I 
or section 19 above, other than pensions payable under or by virtue of 
section 10 above; and, accordingly, in section 1 9(2)(a) of that Act, after 
the words "Pension Fund" there shall be inserted the words "or payable 
under Part I or section 19 of the Judicial Pensions and Retirement Act 
1993 (otherwise than under or by virtUe of section 10 of that Act)". 
(3) In subsection (2) above, "pensions" has the same meaning as it has 
in the Pensions (Increase) Act 1971. 
Transfer of 23. Schedule 2 to this Act shall have effect with respect to the transfer 
accrued benefits. of accrued rights into and out of the pension schemes constituted by Part 
I or section 19 above (other than any such transfer which falls to be made 
under section 12 above). 
Corresponding 24. Schedule 3 to this Act (which makes certain minor amendments 
minor corresponding to provisions of this Act) shall have effect. 
amendments to 
other enactments. 
Pensions for senior public investigative officers 
The Comptroller 25. The amendments made by Schedule 4 to this Act shall have effect, 
and Auditor as from the coming into force of this section, with respect to the pensions 
General and the and other benefits payable to or in respect of a person (whenever 
ParliamentarY appointed) who holds, or has held, any one or more of the following 
offices, that is to say— 
Commissioners (a) Comptroller and Auditor General; 
etc. (b) Parliamentary Commissioner for Administration; 
(c) Health Service Commissioner for England; 
(d) Health Service Commissioner for Scotland; 
(e) Health Service Commissioner for Wales; 
(I) Comptroller and Auditor General for Northern Ireland; 
(g) Northern Ireland Parliamentary Commissioner for 
Administration; 
(h) Northern Ireland Commissioner for Complaints. 
Retirement date for certain judicial officers etc 
Retirement date 26.—( 1) Subject to the following provisions of this section, a person 
for holders of holding any of the offices for the time being specified in Schedule 5 to this 
certain judicial Act (a "relevant office") shall vacate that office on the day on which he 
offices etc. attains the age of 70 or such lower age as may for the time being be 
specified for the purpose in the enactments and instruments relating to 
that office, whenever passed or made. 
(2) Any reference in this section to a person's holding an office includes 
a reference to his being a member of, or otherwise included in, any panel 
or list of persons appointed, nominated, approved or otherwise selected 
to serve from time to time in that office (whether or not the panel or list is 
required by or under any enactment); and any reference in this section or 
Schedule 5 to this Act to any particular office or to an office of any class 
or description, or to a person's appointment to, or vacation of, an office, 
shall be construed accordingly. 
Judicial Pensions and Retirement Act 1993 c. 8 23 
(3) Subject to the transitional provision referred to in subsection (11) PART II 
below, subsection (1) above applies whether the person was appointed to 
the office before or after the coming into force of this section; but nothing 
in this Act, or in any amendment made by it, shall be taken— 
(a) to preclude a person from vacating his office before the 
compulsory retirement ci ate. for that office in his case; or 
(b) to prevent a person's appointment to an office coming to an end 
before that date, in accordance with the terms on which he was 
appointed. 
(4) Subsections (5) and (6) below apply in relation to any holder 
(whenever appointed) of a relevant office for which the compulsory 
retirement date in his case falls on or after the day on which he attains the 
age of 70, except— 
(a) Lord of Appeal in Ordinary; 
(b) judge of the Supreme Court of England and Wales; 
(c) Lord President of the Court of Session, Lord Justice Clerk or 
other judge of the Court of Session; 
(d) Lord Chief Justice of Northern Ireland or Lord Justice of 
Appeal, or judge of the High Court, in Northern Ireland. 
(5) If, in a case where this subsection applies, the appropriate Minister 
considers it desirable in the public interest that the holder of a relevant 
office should continue in that office after his compulsory retirement date, 
he may authorise the person to continue in office, either generally or for 
such purpose as he may notify to the person, for a period not exceeding 
one year and not extending beyond the day on which the person attains 
the age of 75. 
(6) If, on the expiration of the period for which a person is authorised 
to continue in office— 
(a) by virtue of subsection (5) above, or 
(b) by any previous exercise of the power conferred by this 
subsection, 
the appropriate Minister considers it desirable in the public interest to 
retain the person in office for a further period, he may authorise him to 
continue in office, either generally or for such purpose as he may notify to 
the person, for a further period not exceeding one year and not extending 
beyond the day on which the person attains the age of 75. 
(7) After the day on which a person attains the age of 75, he shall not 
hold any relevant office nor shall he— 
(a) be a member of the Judicial Committee of the Privy Council, 
unless he is the Lord Chancellor; 
(b) participate in the hearing and determination of any appeal, or 
any petition for leave to appeal, to the House of Lords, unless 
he is the Lord Chancellor; 
(c) act as a judge under or by virtue of section 9(1) of the Supreme 
Court Act 1981; 1981 c. 54. 
(d) hold office as a deputy Circuit judge, within the meaning of 
section 24 of the Courts Act 1971; 1971 c. 23. 
(e) sit and act as a judge under or by virtue of section 7 of the 
Judicature (Northern Ireland) Act 1978; 1978 c. 23. 
24 c. S Judicial Pensions and Ret irement Act 1993 
PART II (f) act as a deputy, or as a temporary additional officer, under 
1981 c. 54. subsection (1) of section 91 of the Supreme Court Act 1981 by 
virtue of subsection (3) of that section (persons who would 
otherwise be disqualified by age); 
(g) hold office as a deputy district judge in any district registry under 
subsection (1) of section 102 pf that Act by virtue of subsection 
(3) of that section (persons who would otherwise be disqualified 
by age) or, in the case of a person who has previously held the 
office of district judge for a county court district, as a deputy 
1984 c. 28. district judge under section 8 of the County Courts Act 1984; 
(h) hold any office— 
(i) to which appointments are made by or under any Act 
or statutory instrument; 
(ii) for which there would, apart from this paragraph, be 
no compulsory retirement date; and 
(iii) for appointment to which only persons who have held 
relevant office are eligible; 
and this subsection applies whether or not the person was invited to act as 
a judge, or was appointed to the office in question, or to some other office 
by virtue of which he would (apart from this subsection) hold the office in 
question, before the appointed day. 
(8) After the day on which a person attains the age of 70, he shall not 
be appointed or re-appointed as— 
(a) one of the additional members, referred to in subsection (5) of 
1949 c. 54. section 9 of the Wireless Telegraphy Act 1949, of the appeal 
tribunal established under that section; 
(b) the person, or one of the persons, constituting a tribunal for the 
1954 c. 70. purposes of section 150(3) of the Mines and Quarries Act 1954, 
or as an assessor assisting such a tribunal; 
(c) an assessor assisting with an inquiry under section 52 of the 
1970 c. 36. Merchant Shipping Act 1970; 
(d) chairman of a vaccine damage tribunal in Northern Ireland 
S.I. 1979/432. constituted under regulation 7 of the Vaccine Damage 
Payments Regulations 1979; 
(e) chairman of a tribunal constituted under section 47 of the 
1986 c. 53. Building Societies Act 1986; 
(f) chairman of a tribunal constituted under section 28 of the 
1987 c. 22. Banking Act 1987; 
(g) an arbitrator, or (in Scotland) an arbiter, under paragraph 9(2) 
1989 c. 29. of Schedule 10 to the Electricity Act 1989; 
(h) chairman of a tribunal constituted under Schedule 3 to the 
1992 c. 38. Education (Schools) Act 1992; 
(j) chairman of a tribunal constituted under section 59 of the 
1992 c. 40. Friendly Societies Act 1992. 
(9) The appropriate Minister may by order— 
(a) amend Schedule 5 to this Act by adding offices to those for the 
time being specified in that Schedule; or 
(b) amend subsection (8) above by adding offices to those for the time 
being specified in that subsection. 
Judicial Pensions and Ret irement Act 1993 c. 8 25 
(10) As from the appointed day, the enactments and instruments PART II 
mentioned in Schedule 6 to this Act shall have effect with the amendments 
specified in that Schedule; but those amendments are subject to section 27 
below and Schedule 7 to this Act. 
(11) Schedule 7 to this Act shall have effect for the purpose of making 
transitional provision in relatioii to persons holding relevant offices 
immediately before the appointed day; and— 
(a) subsections (1) and (3) above are subject to the provisions of that 
Schedule; and 
(b) any reference in this section to the compulsory retirement date 
for an office shall be construed in accordance with those 
provisions. 
(12) In this section— 
"the appointed day" means the day appointed under section 31 
below for the coming into force of this section; 
"the compulsory retirement date" for an office means the day on 
which a holder of that office is or, apart from any continuation 
power, would be required by any enactment or statutory 
instrument to vacate that office, being either— 
(a) the day on which he attains a particular age; or 
(b) a day falling to be determined by reference to his 
attaining a particular age; 
"continuation power" means a power conferred by an enactment or 
statutory instrument on a Minister of the Crown to authorise 
the holder of an office to continue in that office until a later day 
than that on which, apart from any exercise of the power, he 
would be required by any enactment or statutory instrument to 
vacate that office; 
and any reference to vacating an office includes a reference to retiring 
from it. 
27.—( 1) Notwithstanding that a person has vacated or otherwise Completion of 
ceased to hold an office to which this section applies— proceedings after 
retirement. (a) he may act as if he had not ceased to hold the office for the 
purpose of continuing to deal with, giving judgment in, or 
dealing with any ancillary matter relating to, any case begun 
before him before he ceased to hold that office; and 
(b) for that purpose, and for the purpose of any proceedings arising 
out of any such case or matter, he shall be treated as being or, as 
the case may be, as having been a holder of that office; 
but nothing in this subsection shall authorise him to do anything if he 
ceased to hold the office by virtue of his removal from it. 
(2) Where a person has vacated or otherwise ceased to hold a 
qualifying judicial office but the office in question is one to which this 
section applies, then, notwithstanding anything in subsection (1) above, 
any remuneration that may be paid in respect of service of his in that office 
by virtue of that subsection shall be remuneration by payment of fees (and 
not a salary) and accordingly that service shall not be regarded as service 
in qualifying judicial office. 
26 c. 8 Judicial Pensions and Retirement Act 1993 
PAJu II (3) The offices to which this section applies are— 
(a) any relevant office, within the meaning of section 26 above; 
(b) any office falling within any of the paragraphs of subsection (7) 
of that section; 
(c) Queen's Coroner and Attoqiey and Master of the Crown Office 
and Registrar of Criminal Appeals; 
(d) Vice Judge Advocate General; 
(e) Assistant Judge Advocate General; 
(I) Deputy Judge Advocate; 
(g) Chairman of the Criminal Injuries Compensation Board. 
(4) If and to the extent that any prohibition imposed by subsection (7) 
of section 26 above would not, apart from this subsection, be regarded as 
a prohibition on the holding of an office, it shall be treated for the 
purposes of this section as if it were such a prohibition, and references in 
this section to office, or to vacating or otherwise ceasing to hold office, 
shall be construed accordingly. 
Miscellaneous and supplementary provisions 
Payments charged 28.—(1) There shall be charged on, and paid out of, the Consolidated 
on Consolidated Fund— 
Fund etc. (a) any pension or lump sum under Part I above payable to or in 
respect of a person who has held any of the qualifying judicial 
offices specified in Part I of Schedule 1 to this Act; and 
(b) any payments by way of pension or lump sum authorised under 
section 19 above to be made to or in respect of such a person. 
(2) Except as provided by subsection (1) above— 
(a) any pension or lump sum payable under Part I above, and 
(b) any payment authorised to be made under section 19 above, 
shall be met out of money provided by Parliament. 
(3) There shall be charged on, and paid out of, the Consolidated Fund 
any increase attributable to the provisions of this Act in the sums charged 
on, and payable out of, that Fund by or under any other enactment. 
(4) There shall be paid out of money provided by Parliament any 
increase attributable to this Act in the sums payable out of money so 
provided under any other enactment. 
(5) Any administrative expenses incurred under this Act by a Minister 
of the Crown or government department shall be defrayed out of money 
provided by Parliament. 
(6) Any sums received by the Treasury under section 21 above shall be 
paid into the Consolidated Fund. 
(7) Nothing in this section applies in relation to any pension or other 
benefits payable under or by virtue of section 10 above. 
Regulations and 29.—(1) Any power conferred by this Act to make regulations or an 
orders, order shall be exercisable by statutory instrument. 
Judicial Pensions and Retirement Act 1993 c. 8 27 
(2) A statutory instrument which contains (whether alone or with PART II 
other provisions) regulations or an order under this Act, other than an 
order under section 31(2) below, shall be subject to annulment in 
pursuance of a resolution of either House of Parliament. 
(3) Any power conferred by this Act to make regulations or an order 
includes power, exercisable the same manner, to make such 
transitional, consequential, supplementary or incidental provision or 
savings as may appear to the authority making the regulations or order to 
be necessary or expedient for the purposes of, or in connection with, the 
regulations or order. 
(4) The provision that may be made under or by virtue of subsection 
(3) above includes provision modifying the operation of this Act or any 
other enactment. 
(5) The amendment by this Act of any provision contained in 
regulations or an order shall not be taken to have prejudiced any power to 
make further regulations or orders amending or revoking that provision. 
(6) Regulations and orders under this Act may make different 
provision for different cases or classes of case. 
30.—( 1) In this Act— Interpretation. 
"the 1981 Act" means the Judicial Pensions Act 1981; 1981 c. 20. 
"actuarially reduced" has the meaning given by section 2(7)(e) 
above; 
"the administrators", in relation to a pension scheme, means the 
persons entrusted with the administration of the scheme; 
"appropriate annual rate", in relation to a judicial pension, shall be 
construed in accordance with section 3 above; 
"the appropriate Minister" means— 
(a) in relation to any judicial office whose jurisdiction is 
exercised exclusively in relation to Scotland, the Secretary of 
State; or 
(b) subject to paragraph (a) above, the Lord Chancellor; 
"children's pension" has the meaning given by section 6 above; 
"commence to be paid", in relation to any judicial pension, shall be 
construed in accordance with section 2(7)(d) above; 
"the deceased", in connection with any surviving spouse's or 
children's pension, shall be construed in accordance with 
section 5 or 6 above, as the case may be; 
"derivative benefit" means a lump sum under section 4 above or a 
surviving spouse's or children's pension; 
"eligible children", in relation to the deceased, shall be construed in 
accordance with section 6 above; 
"judicial pension" means a pension under section 2 above; 
"judicial pension scheme" means any public service pension scheme, 
as defined in— 
(a) section 66(1) of the Social Security Pensions Act 1975, 1975 c. 60. 
or 
28 c. 8 Judicial Pensions and Retirement Act 1993 
PART H (b) Article 2(2) of the Social Security Pensions (Northern 
S.!. 1975/1503 Ireland) Order 1975, 
(N.!. 15). under which pensions and other benefits are payable in respect 
of service in one or more qualifying judicial offices (whether or 
not in respect of service in such offices alone); 
"pensionable pay" has the meaning given by section 3(3) above; 
"pension-capped salary" has the meaning given by section 3(3) 
above; 
"the principal civil service pension scheme" means a scheme made 
1972 c. 11. under section 1 of the Superannuation Act 1972 which is the 
principal civil service pension scheme within the meaning of 
section 2 of that Act; 
"the principal civil service pension scheme for the civil service of 
Northern Ireland" means a scheme made under Article 3 of the 
S.!. 1972/1073 Superannuation (Northern Ireland) Order 1972 which is the 
(N.!. 10). principal civil service pension scheme within the meaning of 
Article 4 of that Order; 
"qualifying judicial office" has the meaning given by section 1(6) 
above; 
"serve" and "service", in relation to qualifying judicial office, shall 
be construed in accordance with section 1(6) above; 
"stipendiary magistrate", in England and Wales, includes a 
metropolitan stipendiary magistrate; 
"surviving spouse's pension" has the meaning given by section 5 
above. 
(2) In the case of a person who has retired from qualifying judicial 
office on more than one occasion, references in this Act to his retirement 
from such office are references to the last of those occasions. 
(3) For the purposes of this Act, a person shall be regarded as vacating, 
or retiring from, an office at the end of the last day of his service in that 
office. 
(4) Any reference in this Act to a pension or lump sum, or any salary 
or other money, being paid or payable to a person includes a reference to 
its being paid or payable for him. 
(5) In determining for any purpose of this Act the accrued rights of a 
person under a judicial pension scheme which confers a power (but does 
not expressly impose a duty) to pay a pension or other benefit under the 
scheme, it shall be assumed that there is a duty to exercise the power (and 
to do so in such a way as will provide the greatest pension or other benefit 
authorised to be paid). 
(6) Where a calculation falls to be performed under this Act, any 
resulting fraction of £1 shall be rounded up to the next whole £1. 
Short title, 31.—(1) This Act may be cited as the Judicial Pensions and Retirement 
supplementary Act 1993. 
provisions and 
extent. (2) The provisions of this Act shall come into force on such day as the 
appropriate Minister may by order made by statutory instrument 
appoint; and different days may be appointed for different provisions or 
for different purposes of the same provision. 
Judicial Pensions and Retirement Act 1993 c. 8 29 
(3) The enactments and instruments mentioned in Schedule 8 to this PART II 
Act shall have effect with the amendments there specified (being minor 
amendments and amendments consequential on the provisions of this 
Act). 
(4) The enactments and instruments specified in Schedule 9 to this Act 
are repealed or revoked to the extent specified in the third column of that 
Schedule. 
(5) Section 21 above extends to England and Wales only. 
(6) The amendments, repeals and revocations in section 22 above and 
Schedules 3,4, 6, 8 and 9 to this Act have the same extent as the enactment 
or instrument to which they relate. 
(7) Subject to subsections (5) and (6) above, this Act extends to 
Northern Ireland. 
108933 
30 c. 8 Judicial Pensions and Retirement Act 1993 
SCHEDULES 
Section 1. SCHEDULE 1 
THE OFFICES WHICH MAY BE QUALIFYING JUDICIAL OFFICES 
PART I 
JUDGES 
Lord of Appeal in Ordinary 
Lord Chief Justice of England 
Master of the Rolls 
Lord President of the Court of Session 
Lord Chief Justice of Northern Ireland 
Lord Justice Clerk 
Lord Justice of Appeal (in England and Wales or Northern Ireland) 
President of the Family Division 
Vice-Chancellor 
High Court Judge (in England and Wales or Northern Ireland) 
Judge of the Court of Session 
Circuit judge 
Sheriff Principal or sheriff in Scotland 
County Court Judge in Northern Ireland 
Stipendiary Magistrate in England and Wales 
1964 c. 21 (NJ.). Resident Magistrate appointed under the Magistrates' Courts Act 
(Northern Ireland) 1964 
PART II 
OTHER APPOINTMENTS 
Court officers 
Master, Queen's Bench Division 
Queen's Coroner and Attorney and Master of the Crown Office and 
Registrar of Criminal Appeals 
Admiralty Registrar 
Master, Chancery Division 
Registrar in Bankruptcy of the High Court 
Taxing Master of the Supreme Court 
District Judge of the Principal Registry of the Family Division 
Registrar of civil appeals 
Master of the Court of Protection 
District judge 
Any of the offices from time to time specified in column 1 of Schedule 3 to 
1978 c. 23. the Judicature (Northern Ireland) Act 1978, other than— 
(a) Principal Secretary to the Lord Chief Justice; 
(b) Legal Secretary to the Lord Chief Justice; and 
(c) Official Solicitor 
Judicial Pensions and Retirement Act 1993 c. 8 31 
Members of tribunals ScH. 1 
Chief or other Social Security Commissioner, excluding appointments in 
pursuance of section 52(2) of the Social Security Administration Act 1992 c. 5. 
1992 
Chief or other Social Security Commissioner for Northern Ireland, 
excluding appointments in pursuance of section 50(2) of the Social 
Security Administration (Northern Ireland) Act 1992 1992 c. 8. 
Chief or other Child Support Commissioner, excluding appointments in 
pursuance of paragraph 4 of Schedule 4 to the Child Support Act 1991 1991 c. 48. 
Chief or other Child Support Commissioner for Northern Ireland, 
excluding appointments in pursuance of paragraph 4 of Schedule 4 to 
the Child Support Act 1991 as that paragraph has effect by virtue of 
paragraph 8 of that Schedule 
President of social security appeal tribunals, medical appeal tribunals, 
disability appeal tribunals and child support appeal tribunals 
President of social security appeal tribunals, medical appeal tribunals, 
disability appeal tribunals and child support appeal tribunals for 
Northern Ireland 
Chairman of social security appeal tribunals, medical appeal tribunals and 
disability appeal tribunals 
Chairman of social security appeal tribunals, medical appeal tribunals and 
disability appeal tribunals in Northern Ireland 
Chairman of child support appeal tribunals 
Chairman of child support appeal tribunals in Northern Ireland 
President of the Industrial Tribunals (England and Wales) 
President of the Industrial Tribunals (Scotland) 
President or Vice-President of the Industrial Tribunals and the Fair 
Employment Tribunal, appointed under section 3 of the Fair 
Employment (Northern Ireland) Act 1989 1989 c. 32. 
Chairman of industrial tribunals appointed in pursuance of regulations 
under section 128 of the Employment Protection (Consolidation) Act 1978 c. 44. 
1978 
Chairman of industrial tribunals or of the Fair Employment Tribunal 
appointed in pursuance of regulations under Article 30 of the Industrial S.I. 1984/1159 
Training (Northern Ireland) Order 1984 or appointed under section (N.I. 9). 
3(1)(c) of the Fair Employment (Northern Ireland) Act 1989 1989 c. 32. 
President or other member of the Lands Tribunal, the Lands Tribunal for 
Scotland or the Lands Tribunal for Northern Ireland 
Other offices whose holders are appointed by the Lord Chancellor 
Judge Advocate General 
Vice Judge Advocate General 
Assistant Judge Advocate General 
Deputy Judge Advocate 
Judge Advocate of Her Majesty's Fleet 
President or Vice-President of Value Added Tax Tribunals 
Chairman of value added tax tribunals 
Commissioner for the special purposes of the Income Tax Acts appointed 
under section 4 of the Taxes Management Act 1970 1970 c. 9. 
President or other member of the Immigration Appeal Tribunal 
32 c. 8 Judicial Pensions and Retirement Act 1993 
ScH. 1 President of the pensions appeal tribunals established under the Pensions 
1943 c. 39. Appeal Tribunals Act 1943 
President or chairman of the Transport Tribunal 
1971 C. 77. Chief, or any other, immigration adjudicator under the Immigration Act 
1971 
Other offices 
Chairman of the Criminal Injuries Compensation Board incorporated 
1988 c. 33. under section 108(1) of the Criminal Justice Act 1988 
Chairman of the Foreign Compensation Commission 
Chairman of the Scottish Land Court 
President of the Industrial Court appointed in pursuance of Article 91 of the 
S.!. 1992/807 Industrial Relations (Northern Ireland) Order 1992 
(N.!. 5). 
Section 23. SCHEDULE 2 
TRANSFER OF ACCRUED BENEFITS 
PART I 
GENERAL 
Interpretation 
1. In this Schedule— 
"authorised insurance company" means an insurance company authorised 
1982 c. 50. under section 3 or 4 of the Insurance Companies Act 1982 (or any 
similar previous enactment) to carry on ordinary long-term insurance 
business; 
"contracted-out scheme" has the same meaning as it has for the purposes 
1975 c. 60. of Part III of the Social Security Pensions Act 1975 and, in relation to 
S.!. 1975/1503 Northern Ireland, Part IV of the Social Security Pensions (Northern 
(N.j. 15). Ireland) Order 1975; 
"disregarded service", in relation to any member of a scheme, means any 
period of service in qualifying judicial office during which an election 
under, or an election having effect as if made under, section 13 of this 
Act is in force in respect of the qualifying member; 
1975 c. 60. "guaranteed minimum pension" has the same meaning as in the Social 
Security Pensions Act 1975 and, in relation to Northern Ireland, the 
Social Security Pensions (Northern Ireland) Order 1975; 
"member", in relation to a scheme, means a person to whom Part I of this 
Act applies or has applied; 
"normal pension age" means the earliest age at which, if his service in 
qualifying judicial office had continued until retirement at that age, a 
member of the scheme constituted by Part I of this Act might have been 
entitled to receive a pension under the scheme at the appropriate 
annual rate (otherwise than by reason of infirmity of mind or body); 
"occupational pension scheme" has the meaning given by section 66(1) of 
the Social Security Pensions Act 1975 or, in relation to Northern 
Ireland, Article 2(2) of the Social Security Pensions (Northern Ireland) 
Order 1975; 
1986 c. 50. "personal pension scheme" has the meaning given by section 84(1) of the 
S.!. 1986/1888 Social Security Act 1986 or, in relation to Northern Ireland, Article 
(N.I. 18). 2(2) of the Social Security (Northern Ireland) Order 1986; 
"prescribed" means prescribed by regulations; 
Judicial Pensions and Retirement Act 1993 c. 8 33 
"protected rights" has the same meaning as in the Social Security Pensions Sca 2 
Act 1975 and, in relation to Northern Ireland, the Social Security 1975 c. 60. 
Pensions (Northern Ireland) Order 1975; S.!. 1975/1503 
"qualifying member" means a person to whom Part II of this Schedule 15). 
applies; 
"qualifying service" means the service by reference to which a qualifying 
member's entitlement to benefit under the scheme is calculated; and 
"scheme" means the relevant occupational pension scheme constituted by 
Part I or section 19 of this Act. 
Regulations 
2. Regulations for the purposes of this Schedule may be made, with the 
concurrence of the Treasury, by the Lord Chancellor or, in relation to Scotland, 
the Secretary of State. 
Other provisions about transfer values 
3. Part II of Schedule IA to the Social Security Pensions Act 1975 (transfer 
values) and Part II of Schedule 1 A to the Social Security Pensions (Northern 
Ireland) Order 1975 (corresponding Northern Ireland provisions) shall not apply 
in relation to those schemes to which this Schedule applies. 
II 
TRANSFERS OUT 
members 
4.—(1) Where the conditions mentioned in sub-paragraph (2) below are 
satisfied, this Part of this Schedule applies to any person— 
(a) to or in respect of whom benefits are payable under a scheme; and 
(b) whose qualifying service ends after this Schedule comes into force. 
(2) The conditions are that— 
(a) his qualifying service ends at least one year before he reaches normal 
pension age; and 
(b) on the date on which it ends— 
(i) he has accrued rights to benefit under the scheme; or 
(ii) he would have such rights if his service in qualifying judicial 
office had also ended on that date. 
member's right to a transfer payment 
5.—(1) When his qualifying service ends, a qualifying member acquires a right 
to the cash equivalent at the relevant date of any benefits— 
(a) which have accrued to, or in respect of him, under the scheme; or 
(b) where service of his in qualifying judicial office is disregarded service, 
which would have so accrued if his service in qualifying judicial office 
had ended on the same date as that on which his qualifying service 
ended. 
(2) In this paragraph "the relevant date" means— 
(a) the date when the qualifying member's qualifying service ends, or 
(b) the date of any application which he has made under paragraph 6 below 
and which has not been withdrawn, 
whichever is the later. 
34 c. 8 Judicial Pensions and Retirement Act 1993 
SCH. 2 Method of taking cash benefit 
6.—(l) A qualifying member who acquires a right to a cash equivalent under 
paragraph 5 above may only take it by exercising the option conferred by this 
paragraph. 
(2) The option is that of requiring the Treasury to use the cash equivalent in 
whichever of the following ways the qualifying member chooses— 
(a) for acquiring transfer credits allowed under the rules of another 
occupational pension scheme— 
(i) whose trustees or managers are able and willing to accept him; 
and 
(ii) which satisfies prescribed requirements; 
(b) for acquiring rights allowed under the rules of a personal pension 
scheme— 
(i) whose trustees or managers are able and willing to accept him; 
and 
(ii) which satisfies prescribed requirements; 
(c) for purchasing from one or more authorised insurance companies— 
(i) chosen by the qualifying member, and 
(ii) willing to accept payment on his account from the Treasury, 
one or more annuities which satisfy prescribed requirements; 
(d) for subscribing to other pension arrangements which satisfy prescribed 
requirements. 
(3) Without prejudice to the generality of the power to prescribe requirements 
under sub-paragraph (2) above, such requirements may provide that pension 
arrangements or a scheme or annuity must satisfy such requirements of the 
Commissioners of Inland Revenue as may be prescribed. 
(4) A qualifying member may exercise his option in different in relation 
to different portions of his cash equivalent. 
(5) A qualifying member who exercises his option must do so in relation to the 
whole of his cash equivalent or, where sub-paragraph (6) below applies, in 
relation to the whole of the reduced cash equivalent. 
(6) Where— 
(a) the trustees or managers of— 
(i) an occupational pension scheme which is not a contracted-out 
scheme, or 
(ii) a personal pension scheme which is not an appropriate scheme 
1986 c. 50. under section 2 of the Social Security Act 1986, Article 4 of the Social 
S.!. 1986/1888 Security (Northern Ireland) Order 1986 or under any prescribed 
(NI. 18). provision, or 
(iii) a self-employed pension arrangement within the meaning of 
S.I. 1985/1931. regulation 2D of the Occupational Pension Schemes (Transfer 
S.R. (N.!.) 1985 Values) Regulations 1985, regulation 2D of the Occupational 
No. 358. Pension Schemes (Transfer Values) Regulations (Northern Ireland) 
S.!. 1987/1112. 1985, regulation 2A of the Personal Pension Schemes (Transfer 
S.R. (NJ.) 1987 Values) Regulations 1987, regulation 2A of the Personal Pension 
No. 290. Schemes (Transfer Values) Regulations (Northern Ireland) 1987 or 
any other prescribed provision, 
are able or willing to accept a transfer payment only in respect of a 
qualifying member's rights other than his accrued rights to a 
guaranteed minimum pension or his protected rights; and 
Judicial Pensions and Retirement Act 1993 C. 8 35 
(b) the member has not required the Treasury to use the portion of his cash ScH. 2 
equivalent which represents a guaranteed minimum pension or 
protected rights in any of the ways specified in sub-paragraph (2) 
above, 
paragraph 5 above, this paragraph and paragraph 7 below are to be read as 
conferring on the member an option only in respect of the reduced cash 
equivalent. 
(7) In this paragraph "reduced cash equivalent" means a sum equal to the 
balance of the cash equivalent to which the qualifying member would be entitled. 
if sub-paragraph (6) above did not apply, after deduction of an amount sufficient 
for the Treasury to meet its liability in respect of the member's guaranteed 
minimum pension or protected rights or those of his widow, or her widower. 
Calculation of cash equivalents 
7.—(l) Cash equivalents are to be calculated and verified in the prescribed 
manner. 
(2) Regulations made under sub-paragraph (1) above may, in particular, 
provide— 
(a) that in calculating cash equivalents account be taken— 
(i) of any surrender or forfeiture of the whole or part of a 
qualifying member's pension which occurs before the Treasury does 
what is needed to comply with the choice made by him in exercising 
his option; 
(ii) in a case where paragraph 6(6) above applies, of the need to 
deduct an appropriate amount to provide a guaranteed minimum 
pension or give effect to protected rights; and 
(b) that in prescribed circumstances a qualifying member's cash equivalent 
shall be increased or reduced. 
(3) Without prejudice to the generality of sub-paragraph (2) above, the 
circumstances that may be specified by virtue of paragraph (b) of that sub- 
paragraph include the length of time which elapses between the termination of a 
qualifying member's qualifying service and his exercise of the option conferred 
by paragraph 6 above. 
Time within which option must be exercised 
8.—(l) A qualifying member may only exercise his option on or before the last 
option date. 
(2) The last option date is— 
(a) the date which falls one year before the date on which the qualifying 
member reaches normal pension age, or 
(b) the end of the period of six months beginning with the date on which his 
qualifying service ends, 
whichever is the later. 
(3) A qualifying member loses the right to any cash equivalent under this 
Schedule if— 
(a) his pension becomes payable before he reaches normal pension age; or 
(b) he fails to exercise his option on or before the last option date. 
Option to be exercised in writing 
9.—(l) A qualifying member may only exercise his option by making an 
application in writing to the Treasury. 
36 c. 8 Judicial Pensions and Retirement Act 1993 
Scii. 2 (2) In any case where— 
(a) a qualifying member has exercised his option, and 
(b) the Treasury has done what is needed to comply with the choice made 
by him in exercising his option, 
the Treasury shall be discharged from any obligation to provide benefits to which 
the cash equivalent related except, in any such cases as are mentioned in 
paragraph 6(6) above, to the extent that an obligation to provide guaranteed 
minimum pensions or give effect to protected rights continues to subsist. 
(3) If the Treasury receives an application under this paragraph, it shall be its 
duty, subject to the following provisions of this paragraph, to do what is needed 
to comply with the choice made by the qualifying member in exercising his 
option— 
(a) within twelve months of the date on which it receives his application, or 
(b) by the date on which he attains normal pension age, 
whichever is the earlier. 
Cancellation of exercise of option 
1O.—( 1) A qualifying member may cancel the exercise of his option by giving 
the Treasury notice in writing that he no longer wishes it to be exercised. 
(2) No such notice shall have effect if it is given to the Treasury at a time when, 
in order to comply with the choice made by the qualifying member in exercising 
his option, the Treasury has entered into an agreement with a third party to use 
the whole or part of his cash equivalent in a way specified in paragraph 6(2)(a), 
(b), (c) or (d) above. 
(3) A qualifying member who withdraws an application may make another. 
PART III 
TRANSFERS IN 
Application to accept payment into scheme 
11 .—(l) Where a membçr of a scheme has asked the appropriate Minister to 
accept a payment representing the cash equivalent of his accrued rights in any 
other qualifying scheme, that Minister may— 
(a) to the extent to which it does not exceed the prescribed limit, accept the 
payment or any part of it; or 
(b) refuse to accept the payment or any part of it. 
(2) A request under sub-paragraph (1) above must be made— 
(a) in writing; 
(b) before the person making it has reached normal pension age; and 
(c) not less than one year before he becomes entitled to a pension on 
retirement from his qualifying service. 
(3) In this paragraph—- 
"the prescribed limit" means the limit prescribed by regulations made by 
virtue of paragraph 13(a) below; 
"qualifying scheme" means— 
(a) an occupational pension scheme, a personal pension scheme, 
or an annuity purchased from an authorised insurance company, 
which satisfies prescribed requirements; or 
(b) other prescribed pension arrangements. 
Judicial Pensions and Retirement Act 1993 c. 8 37 
Cancellation of request ScH. 2 
12.—(1) A member may, by notice in writing given to the appropriate 
Minister, cancel a request made by him under paragraph 11 above, at any time 
before it has been accepted. 
(2) A transferring member who withdraws an application may make another. 
Regulations 
13. Regulations may— 
(a) prescribe limits on the amounts which the appropriate Minister may 
accept under paragraph 1 1(1.) above; 
(b) make provision as to the manner in which payments are to be accepted 
into a scheme under this Part of this Schedule; 
(c) make provision as to the benefits which are to be provided to a member 
to reflect any such payment accepted with respect to him; 
(d) prescribe formulae, based on tables of factors provided by the 
Government Actuary, to be used when performing any calculation 
relating to the acceptance of transfer payments or the provision of 
benefits. 
SCHEDULE 3 Section 24. 
CORRESPONDING WNOR AMENDMENTS TO OTHER PENSIONS ENACTMENTS 
I 
AMENDMENTS OF THE 1981 ACT 
Dependent children: maximum allowable remuneration 
1.—(1) In section 21 of the 1981 Act (meaning of "period of childhood and 
full-time education") in subsection (1)(c)(ii), for the words from "do not exceed" 
to "a year" there shall be substituted the words "do not exceed the maximum 
allowable remuneration". 
(2) After subsection (3) of that section (meaning of "emoluments") there shall 
be inserted— 
"(3A) For the purposes of subsection (1)(c)(ii) above, the "maximum 
allowable remuneration" at any time is an annual rate ,6 14 a year, at the 
passing of the Judicial Pensions and Retirement Act 1993) equal to that at 
which a pension of £250 a year— 
(a) first awarded under the principal civil service pension scheme on 
1st June 1972, and 
(b) increased from time to time by the amount of increase that would 
be applied under the Pensions (Increase) Act 1971 to such a 1971 c. 56. 
pension, 
would (as so increased) be payable at that time, rounding any resulting 
fraction of £1 up to the next whole £1." 
(3) Subsections (5) and (6) of that section (orders increasing the earnings limit 
in subsection (1)(c)(ii)) shall cease to have effect. 
Appeals 
2.—(l) Section 15 of the 1981 Act (which provides that the decision of the 
Treasury on certain questions shall be final) shall cease to have effect. 
38 c. 8 Judicial Pensions and Retirement Act 1993 
ScH. 3 (2) After section 32 of that Act there shall be inserted— 
"Appeals. 32A.—(l) If any person to whom this section applies is 
aggrieved by any decision taken by the administrators of a 
relevant pension scheme concerning— 
(a) the interpretation of the rules of the scheme, or 
(b) the exercise of any discretion under the scheme, 
he shall have a right of appeal to the appropriate Minister 
against that decision. 
(2) On deciding an appeal under this section, the appropriate 
Minister may give to the administrators such directions as he 
considers necessary or expedient for implementing his decision. 
(3) The persons to whom this section applies are the 
following— 
(a) any member of the scheme; 
(b) the widow or widower, or any surviving dependant, of 
a deceased member of the scheme; 
(c) where the decision relates to the question— 
(i) whether a person who claims to be such a 
person as is mentioned in paragraph (a) or (b) 
above is such a person, or 
(ii) whether a person who claims to be entitled to 
become a member of the scheme is so entitled, 
the person so claiming. 
(4) Regulations may make provision as to the manner in 
which, and time within which, appeals under this section are to 
be brought. 
(5) The administrators shall be entitled to appear and be 
heard on any appeal under this section. 
(6) In this section— 
"the administrators", in relation to a pension scheme, 
means the persons entrusted with the administration 
of the scheme; 
"the appropriate Minister" means— 
(a) in relation to any judicial office whose 
jurisdiction is exercised exclusively in relation to 
Scotland, the Secretary of State; or 
(b) subject to paragraph (a) above, the Lord 
Chancellor; 
"member", in relation to a pension scheme, means a 
person whose service in an office is, was or is to be 
subject to the scheme; 
"regulations" means regulations made by the appropriate 
Minister; 
"relevant pension scheme" means any pension scheme 
constituted under or by virtue of this Act; 
"rules", in relation to a relevant pension scheme, means 
the provisions of this Act, and of any regulations or 
orders made under this Act, so far as relating to that 
scheme." 
Judicial Pensions and Retirement Act 1993 c. 8 39 
Additional voluntary contributions ScH. 3 
3.—(1) Section 33A of the 1981 Act (which confers power to make regulations 
entitling any member of a judicial pension scheme constituted by that Act or by 
the Sheriffs' Pensions (Scotland) Act 1961 to make voluntary contributions 1961 c. 42. 
towards the provision of additional benefits under the scheme) shall be amended 
in accordance with the following provisions of this paragraph. 
(2) In subsection (1), after the word "provision" there shall be inserted "(a)" 
and for the words "under the scheme" there shall be substituted the words. 
"whether under the scheme or otherwise; or 
(b) imposing conditions with respect to the exercise by any such 
person of any entitlement (whether or not under paragraph (a) 
above) which he may have to make any such voluntary 
contributions." 
(3) After that subsection there shall be inserted— 
"(1A) The regulations may make provision for the purpose of imposing, 
in a case where a member makes voluntary contributions, upper limits with 
respect to— 
(a) the aggregate value of the aggregable benefits which may be paid 
to or in respect of any such member; and 
(b) the amount which any such member may pay by way of such 
contributions; 
and, without prejudice to the generality of paragraph (b) above, the 
regulations may, in particular, impose such an upper limit on the amount 
which a member may pay by way of voluntary contributions as will, so far 
as reasonably practicable, secure that the aggregate value referred to in 
paragraph (a) above will not exceed the limit prescribed under that 
paragraph. 
(1 B) The regulations may— 
(a) prescribe the manner in which aggregable benefits are to be valued 
for the purpose of any such aggregation as is mentioned in 
subsection (1A) above; 
(b) confer on the administrators of a judicial pension scheme power 
to require a member who is making, or who wishes to make, 
voluntary contributions to provide such information as they may 
require concerning any retained benefits of his; 
(c) permit the disclosure by those administrators of any information 
which they may obtain concerning any such retained benefits— 
(i) to, or to any officers of, the Commissioners of Inland 
Revenue; or 
(ii) to, or to any servants or agents of, any authorised 
provider who is, or may be, concerned in the investment of the 
voluntary contributions or the provision of the additional 
benefits in question." 
(4) In subsection (2), in paragraph (b) (no limit on voluntary contributions, 
other than an upper limit corresponding to that imposed by section 594 of the 
Income and Corporation Taxes Act 1988) after the words "other than" there 1988 c. I. 
shall be inserted the words "either or both of the following, that is to say— 
(i) such upper limit as may be imposed by virtue of subsection 
(1A)(b) above; or 
(ii)". 
40 c. 8 Judicial Pensions and Retirement Act 1993 
SCH. 3 (5) At the end of that subsection there shall be added the words— 
"but paragraphs (c) and (d) above have effect only in relation to a 
voluntary contributions scheme constituted by or under this Act or the 
1961 c. 42. Sheriffs' Pensions (Scotland) Act 1961." 
(6) In subsection (3) (regulations about valuation of benefits etc)— 
(a) the word "and" immediately preceding paragraph (b) shall be omitted; 
and 
(b) in that paragraph, for the words "limit imposed by virtue of" there shall 
be substituted the words "such limit as is mentioned in". 
(7) At the end of that subsection there shall be added— 
"(c) provide for any administrative expenses incurred by any person by 
virtue of this section to be defrayed out of sums received by way of 
voluntary contributions; 
(d) provide for the manner in which voluntary contributions are to be 
made; 
(e) make provision for, and in connection with, the valuation of a person's 
accrued rights— 
(i) under any occupational or personal pension scheme, which are 
to be transferred into a voluntary contributions scheme, or 
(ii) under any voluntary contributions scheme, which on 
termination of his membership of that scheme may fall to be 
transferred into another scheme; 
(1) prescribe the additional benefits which are to be available under a 
voluntary contributions scheme and the rates and times at which those 
benefits are to be payable; 
(g) make provision for and in connection with the making of elections 
between different benefits available under voluntary contributions 
schemes; 
(h) provide for the terms on which a person may terminate his membership 
of a voluntary contributions scheme; 
(j) provide for the terms on which surplus funds may be refunded to a 
person who has made payments by way of voluntary contributions to 
a voluntary contributions scheme; 
(k) specify any authorised providers— 
(i) who are to invest any prescribed voluntary contributions, or 
(ii) who are to provide any prescribed additional benefits, 
and, if two or more authorised providers are so specified, may make 
provision entitling any person who makes prescribed payments by way 
of voluntary contributions to elect between those authorised 
providers." 
(8) Subsection (4) (limitation of voluntary contributions by reference to 
maximum entitlement of members) shall be omitted and before subsection (5) 
there shall be inserted— 
"(4A) The regulations may provide for such additional benefits arising 
under or by virtue of this section as may be prescribed— 
(a) to be charged on, and paid out of, the Consolidated Fund; or 
(b) to be paid out of money provided by Parliament." 
(9) After subsection (5) there shall be inserted— 
"(5A) The regulations may make different provision for different classes 
or descriptions of voluntary contributions scheme." 
(10) After subsection (8) there shall be added— 
Judicial Pensions and Retirement Act 1993 c. 8 41 
"(9) In this section— ScH. 3 
"administrators", in relation to any scheme, means the persons 
entrusted with the administration of that scheme; 
"aggregable benefits" means— 
(a) any pensions or other benefits under a judicial pension 
scheme, other than such additional benefits as are mentioned in 
subsection (1) above; 
(b) such additional benefits so mentioned as may be 
prescribed; and 
(c) such retained benefits as may be prescribed; 
"authorised provider", in relation to the investment of any sums paid 
by way of voluntary contributions or the provision of any benefit, 
means a person who is authorised under Chapter III of Part I of 
the Financial Services Act 1986 to invest those sums or, as the 1986 c. 60. 
case may be, to provide that benefit; 
"employment" has the same meaning as it has in the Social Security 1975 c. 60. 
Pensions Act 1975 (and accordingly includes employment as a 
self-employed earner, within the meaning of that Act); 
"judicial pension scheme" has the meaning given by section 14A(2) 
above; 
"member" means member of a judicial pension scheme; 
"occupational pension scheme" has the meaning given by section 
66(1) of the Social Security Pensions Act 1975 or, in relation to 
Northern Ireland, Article 2(2) of the Social Security Pensions S.!. 1975/1503 
(Northern Ireland) Order 1975; (N.!. 15). 
"personal pension scheme" has the meaning given by section 84(1) of 
the Social Security Act 1986 or, in relation to Northern Ireland, 1986 c. 50. 
Article 2(2) of the Social Security (Northern Ireland) Order 1986; S.!. 1986/1888 
(N.J. 18). 
"prescribed" means specified in, or determined in accordance with, 
the regulations; 
"relevant benefits" has the meaning given by section 612(1) of the 
Income and Corporation Taxes Act 1988; 1988 c. 1. 
"retained benefits", in the case of any person, means any rights 
retained by him to relevant benefits under any occupational or 
personal pension scheme which has, or which may be expected to 
qualify for, tax-exemption or tax-approval, being rights which 
accrued during some previous employment; 
"surplus funds", in relation to 1.a person and any voluntary 
contributions scheme, means any funds which are, or have been, 
held for the purposes of that voluntary contributions scheme and 
which fall to be returned to him in consequence of any such limit 
as is mentioned in subsection (2)(b) above; 
"tax-exemption" and "tax-approval" have the meaning given by 
section 84(1) of the Social Security Act 1986; 
"voluntary contributions", in relation to any member of a judicial 
pension scheme, means voluntary contributions towards the 
provision of additional benefits, whether under that scheme or 
otherwise; 
108933 A4 
42 c. 8 Judicial Pensions and Retirement Act 1993 
Scii. 3 "voluntary contributions scheme" means any occupational pension 
scheme if and to the extent that it is a scheme under which such 
additional benefits as are mentioned in subsection (1) above are, 
or are to be, provided; 
and, where a person's voluntary contributions are made by deduction from 
salary, any reference to payment of, or by way of, voluntary contributions 
shall be taken to include a reference to the making of voluntary 
contributions by deduction or, as the case may require, to any voluntary 
contributions so made. 
(10) Without prejudice to subsections (3)(c) and (d) and (4A) above, 
there may be paid out of money provided by Parliament— 
(a) any sums required for or in connection with the operation or 
administration of any prescribed voluntary contributions 
scheme; or 
(b) any administrative expenses incurred under or by virtue of this 
section by a Minister of the Crown or government department. 
(11) Any sums received under this section may be paid into the 
Consolidated Fund." 
AMENDMENT OF SI4E1UFFs' PENSIONS (SCOTLAND) ACT 1961 
Appeals 
1961 c. 42. 4. After section 9 of the Sheriffs' Pensions (Scotland) Act 1961 there shall be 
inserted— 
"Appeals. 9A.—(1) If any person to whom a pension is payable under 
this Act is aggrieved by any decision taken by the 
administrators of a pension scheme constituted by this Act 
concerning— 
(a) the interpretation of the provisions of the scheme, or 
(b) the exercise of any discretion under the scheme, 
he shall have a right of appeal to the Secretary of State. 
(2) On deciding an appeal under this section, the Secretary 
of State may give to the administrators such directions as he 
considers necessary or expedient for implementing his decision. 
(3) The Secretary of State may by regulations make 
provision as to the manner in which, and time within which, 
appeals under this section are to be brought. 
(4) The administrators shall be entitled to appear and be 
heard on any appeal under this section. 
(5) In this section, "the administrators", in relation to a 
pension scheme, means the persons entrusted with the 
administration of the scheme." 
( III 
AMENDMENTS OF NORTHERN IRELAND PROVISIONS 
Interpretation 
5. In this Part of this Schedule— 
1951 c. 20 (N.!.). "the 1951 Act" means the Judicial Pensions Act (Northern Ireland) 1951; 
1959 c. 25 (N.!.). "the 1959 Act" means the County Courts Act (Northern Ireland) 1959; 
Judicial Pensions and Retirement Act 1993 c. 8 43 
"the 1960 Act" means the Resident Magistrates' Pensions Act (Northern ScH. 3 
Ireland) 1960; 1960 c. 2 (N.!.). 
"the 1964 Order" means the Lands Tribunal (Salaries and Superannuation) S.R. & 0. (N.!.) 
Order (Northern Ireland) 1964; 1964 No. 191. 
"the 1969 Act" means the Superannuation (Miscellaneous Provisions) Act 1969 c. 7 (N!.). 
(Northern Ireland) 1969; 
"the 1975 Act" means the Social Security (Northern Ireland) Act 1975. 1975 c. 15. 
Dependent children: maximum allowable remuneration 
6.—(1) In subsection (1)(c)(ii) of each of the following enactments (which give 
the meaning of "period of childhood and full-time education"), that is to say— 
(a) section 9 of the 1951 Act, 
(b) section 125 of the 1959 Act, 
(c) section 7 of the 1960 Act, 
for the words from "do not exceed" to "a year" there shall be substituted the 
words "do not exceed the maximum allowable remuneration". 
(2) In paragraph I (c)(ii) of Article 9 of the 1964 Order (which gives the 
meaning of "period of childhood and full-time education"), for the words from 
"do not exceed" to "a year" there shall be substituted the words "do not exceed 
the maximum allowable remuneration". 
(3) The subsection set out in sub-paragraph (4) below shall be inserted— 
(a) numbered as subsection (2A), after subsection (2) of section 9 of the 
1951 Act; 
(b) numbered as subsection (2A), after subsection (2) of section 125 of the 
1959 Act; 
(c) numbered as subsection (4A), after subsection (4) of section 7 of the 
1960 Act. 
(4) The subsection inserted by sub-paragraph (3) above is as follows— 
"( ) For the purposes of subsection (1)(c)(ii), the "maximum allowable 
remuneration" at any time is an annual rate (f1,614 a year, at the passing 
of the Judicial Pensions and Retirement Act 1993) equal to that at which a 
pension of £250 a year— 
(a) first awarded under the principal civil servict pension scheme 
(within the meaning of that Act) on 1st June 1972, and 
(b) increased from time to time by the amount of increase that would 
be applied under the Pensions (Increase) Act 1971 to such a 1971 c. 56.. 
pension, 
would (as so increased) be payable at that time, rounding any resulting 
fraction of £i up to the next whole £1." 
(5) A paragraph in the same terms as the subsection set out in sub-paragraph 
(4) above, but with the substitution of the word "paragraph" for the word 
"subsection", shall be inserted, numbered as paragraph (2A), after paragraph (2) 
of Article 9 of the 1964 Order. 
(6) Paragraph 18 of Schedule 1 to the Superannuation (Amendment) Act 1966 c. 27 (N.!.). 
(Northern Ireland) 1966 (orders increasing the earnings limit in subsection 
(1)(c)(ii) of each of the sections specified in sub-paragraph (1) above) shall cease 
to have effect. 
44 c. 8 Judicial Pensions and Retirement Act 1993 
5cR. 3 Appeals 
7.—(1) The following enactments (which correspond to section 15 of the 1981 
Act) shall cease to have effect, that is to say— 
(a) section 116(6) of the 1959 Act; 
(b) section 14 of the 1960 Act; 
(c) paragraph 6(4) of Schedule 10 to the 1975 Act. 
(2) The section set out in sub-paragraph (3) below shall be inserted— 
(a) numbered as section 1 32A, after section 132 of the 1959 Act; 
(b) numbered as section 2lA, after section 21 of the 1960 Act. 
(3) The section inserted by sub-paragraph (2) above is as follows— 
"Appeals. .—(1) If any person to whom this section applies is aggrieved 
by any decision taken by the administrators of a relevant 
pension scheme concerning— 
(a) the interpretation of the rules of the scheme, or 
(b) the exercise of any discretion under the scheme, 
he shall have a right of appeal the Lord Chancellor against 
that decision. 
(2) On deciding an appeal under this section, the Lord 
Chancellor may give to the administrators such directions as he 
considers necessary or expedient for implementing his decision. 
(3) The persons to whom this section applies are the 
following— 
(a) any member of the scheme; 
(b) the widow or widower, or any surviving dependant, of 
a deceased member of the scheme; 
(c) where the decision relates to the question— 
(i) whether a person who claims to be such a 
person as is mentioned in paragraph (a) or (b) is 
such a person, or 
(ii) whether a person who claims to be entitled to 
become a member of the scheme is so entitled, 
the person so claiming. 
(4) The Lord Chancellor may by regulations make provision 
as to the manner in which, and time within which, appeals 
under this section are to be brought. 
(5) Regulations made under this section shall be subject to 
annulment in like manner as a statutory instrument and section 
1946 c. 36. 5 of the Statutory Instruments Act 1946 shall apply 
accordingly. 
(6) The administrators shall be eiltitled to appear and be 
heard on any appeal under this section. 
(7) In this section— 
"the administrators", in relation to a pension scheme, 
means the persons entrusted with the administration 
of the scheme; 
"member", in relation to a pension scheme, means a 
person whose service in an office is, was or is to be 
subject to the scheme; 
Judicial Pensions and Retirement Act 1993 c. 8 45 
"relevant pension scheme" means any pension scheme ScH. 3 
constituted under or by virtue of this Act; 
"rules", in relation to a relevant pension scheme, means 
the provisions of this Act, and of any regulations or 
orders made under this Act, so far as relating to that 
scheme." 
(4) A paragraph in the same terms as the section set out in sub-paragraph (3) 
above, but with the substitution of the words "this paragraph" for the words 
"this section", wherever occurring, shall be inserted, numbered as paragraph 7B,. 
after paragraph 7A of Schedule 10 to the 1975 Act. 
Additional voluntary contributions 
8.—(l) The following enactments (which correspond to section 33A of the 
1981 Act), that is to say— 
(a) section 11 A of the 1951 Act, 
(b) section 127A of the 1959 Act, and 
(c) section 9A of the 1960 Act, 
shall be amended in accordance with the following provisions of this paragraph. 
(2) In subsection (1), after the word "provision" there shall be inserted "(a)" 
and for the words "under the scheme" there shall be substituted the words 
"whether under the scheme or otherwise; or 
(b) imposing conditions with respect to the exercise by any such 
person of any entitlement (whether or not under paragraph (a)) 
which he may have to make any such voluntary contributions." 
(3) After that subsection there shall be inserted— 
"(IA) The regulations may make provision for the purpose of imposing, 
in a case where a member makes voluntary contributions, upper limits with 
respect to— 
(a) the aggregate value of the aggregable benefits which may be paid 
to or in respect of any such member; and 
(b) the amount which any such member may pay by way of such 
contributions; 
and, without prejudice to the generality of paragraph (b), the regulations 
may, in particular, impose such an upper limit on the amount which a 
member may pay by way of voluntary contributions as will, so far as 
reasonably practicable, secure that the aggregate value referred to in 
paragraph (a) will not exceed the limit prescribed under that paragraph. 
(1 B) The regulations may— 
(a) prescribe the manner in which aggregable benefits are to be valued 
for the purpose of any such aggregation as is mentioned in 
subsection (1A); 
(b) confer on the administrators of a judicial pension scheme power 
to require a member who is making, or who wishes to make, 
voluntary contributions to provide such information as they may 
require concerning any retained benefits of his; 
(c) permit the disclosure by those administrators of any information 
which they may obtain concerning any such retained benefits— 
(i) to, or to any officers of, the Commissioners of Inland 
Revenue; or 
(ii) to, or to any servants or agents of, any authorised 
provider who is, or may be, concerned in the investment of the 
voluntary contributions or the provision of the additional 
benefits in question." 
46 c. 8 Judicial Pensions and Retirement Act 1993 
Sai. 3 (4) In subsection (2), in paragraph (b) (no limit on voluntary contributions, 
other than an upper limit corresponding to that imposed by section 594 of the 
1988 c. 1. Income and Corporation Taxes Act 1988) after the words "other than" there 
shall be inserted the words "either or both of the following, that is to say— 
(i) such upper limit as may be imposed by virtue of subsection 
(1A)(b); or 
(ii)". 
(5) At the end of that subsection there shall be added the words— 
"but paragraphs (c) and (d) have effect only in relation to a voluntary 
contributions scheme constituted by or under this Act." 
(6) In subsection (3) (regulations about valuation of benefits etc)— 
(a) the word "and" immediately preceding paragraph (b) shall be omitted; 
and 
(b) in that paragraph, for the words "limit imposed by virtue of" there shall 
be substituted the words "such limit as is mentioned in". 
(7) At the end of that subsection there shall be added— 
"(c) provide for any administrative expenses incurred by any person 
by virtue of this section to be defrayed out of sums received by 
way of voluntary contributions; 
(d) provide for the manner in which voluntary contributions are to be 
made; 
(e) make provision for, and in connection with, the valuation of a 
person's accrued rights— 
(i) under any or personal pension scheme, 
which are to be transferred into a voluntary contributions 
scheme, or 
(ii) under any voluntary contributions scheme, which on 
termination of his membership of that scheme may fall to be 
transferred into another scheme; 
(1) prescribe the additional benefits which are to be available under a 
voluntary contributions scheme and the rates and times at which 
those benefits are to be payable; 
(g) make provision for and in connection with the making of elections 
between different benefits available under voluntary 
contributions schemes; 
(h) provide for the terms on which a person may terminate his 
membership of a voluntary contributions scheme; 
(i) provide for the terms on which surplus funds may be refunded to a 
person who has made payments by way of voluntary 
contributions to a voluntary contributions scheme; 
(j) specify any authorised providers— 
(i) who are to invest any prescribed voluntary 
contributions, or 
(ii) who are to provide any prescribed additional benefits, 
and, if two or more authorised providers are so specified, may 
make provision entitling any person who makes prescribed 
payments by way of voluntary contributions to elect between 
those authorised providers." 
(8) Subsection (4) (limitation of voluntary contributions by reference to 
maximum entitlement of members) shall be omitted and before subsection (5) 
there shall be inserted— 
Judicial Pensions and Retirement Act 1993 c. 8 47 
"(4A) The regulations may provide for such additional benefits arising ScH. 3 
under or by virtue of this section as may be prescribed— 
(a) to be charged on, and paid out of, the Consolidated 
Fund of the United Kingdom; or 
(b) to be paid out of money provided by the Parliament of 
the United Kingdom." 
(9) After subsection (6) there shall be added— 
"(7) In this section— 
"administrators", in relation to any scheme, means the persons 
entrusted with the administration of that scheme; 
"aggregable benefits" means— 
(a) any pensions or other benefits under a judicial pension 
scheme, other than such additional benefits as are mentioned in 
subsection (1); 
(b) such additional benefits so mentioned as may be 
prescribed; and 
(c) such retained benefits as may be prescribed; 
"authorised provider", in relation to the investment of any sums paid 
by way of voluntary contributions or the provision of any benefit, 
means a person who is authorised under Chapter III of Part I of 
the Financial Services Act 1986 to invest those sums or, as the 1986 c. 60. 
case may be, to provide that benefit; 
"employment" has the same meaning as it has in the Social Security S.I. 1975/1503 
Pensions (Northern Ireland) Order 1975 (and accordingly (N.J. 15). 
includes employment as a self-employed earner, within the 
meaning of that Order); 
"judicial pension scheme" means a scheme constituted by this Act; 
"member" means member of a judicial pension scheme; 
"occupational pension scheme" has the meaning given by Article 2(2) of the Social Security Pensions (Northern Ireland) Order 1975; 
"personal pension scheme" has the meaning given by Article 2(2) of 
the Social Security (Northern Ireland) Order 1986; S.!. 1986/1888 
"prescribed" means specified in, or determined in accordance with, (N.J. 18). 
the regulations; 
"relevant benefits" has the meaning given by section 612(1) of the 
Income and Corporation Taxes Act 1988; 1988 c. 1. 
"retained benefits", in the case of any person, means any rights 
retained by him to relevant benefits under any occupational or 
personal pension scheme which has, or which may be expected to 
qualify for, tax-exemption or tax-approval, being rights which 
accrued during some previous employment; 
"surplus funds", in relation to a person and any voluntary 
contributions scheme, means any funds which are, or have been, 
held for the purposes of that voluntary contributions scheme and 
which fall to be returned to him in consequence of any such limit 
as is mentioned in subsection (2)(b); 
"tax-exemption" and "tax-approval" have the meaning given by 
Article 2(2) of the Social Security (Northern Ireland) Order 1986; 
"voluntary contributions", in relation to any member of a judicial 
pension scheme, means voluntary contributions towards the 
provision of additional benefits, whether under that scheme or 
otherwise; 
48 c. 8 Judicial Pensions and Retirement Act 1993 
ScH. 3 "voluntary contributions scheme" means any occupational pension 
scheme if and to the extent that it is a scheme under which such 
additional benefits as are mentioned in subsection (1) are, or are 
to be, provided; 
and, where a person's voluntary contributions are made by deduction from 
salary, any reference to payment of, or by way of, voluntary contributions 
shall be taken to include a reference to the making of voluntary 
contributions by deduction or, as the case may require, to any voluntary 
contributions so made. 
(8) Without prejudice to subsections (3)(c) and (d) and (4A), there may 
be paid out of money provided by the Parliament of the United Kingdom— 
(a) any sums required for or in connection with the operation or 
administration of any prescribed voluntary contributions 
scheme; or 
(b) any administrative expenses incurred under or by virtue of this 
section by a Minister of the Crown or government department. 
(9) Any sums received under this section may be paid into the 
Consolidated Fund of the United Kingdom." 
Section 25. SCHEDULE 4 
PENSIONS FOR SENIOR PUBLIC INVESTIGATIVE OFFICERS 
I 
COMPTROLLER AND AuI)IT0R GENERAL 
1972 c. 11. 1. For section 13 of the Superannuation Act 1972 (pension provision for the 
Comptroller and Auditor General) there shall be substituted— 
"The Comptroller 13.—(1) A person who first holds office on or after the 
and Auditor appointed day as the Comptroller and Auditor General (in this 
General. section referred to as "the Comptroller") shall be entitled, if he 
was a member of a judicial pension scheme immediately before 
he first holds that office, to elect between— 
(a) the scheme of pensions and other benefits under that 
judicial pension scheme (his "former scheme"); 
(b) (if different from his former scheme) the scheme of 
pensions and other benefits constituted by Part I of 
the 1993 Act ("the 1993 scheme"); and 
(c) the scheme of pensions and other benefits applicable 
under section 1 of this Act to the civil service of the 
State ("the civil service scheme"); 
and, if he is not entitled to make an election under this 
subsection, or if he is so entitled but fails to make such an 
election, he shall be treated as if he had been so entitled and had 
elected for the civil service scheme. 
(2) If a person who held the office of Comptroller before the 
appointed day has made an election under the former 
enactments for the old judicial scheme, he shall be entitled to 
make an election under this subsection between— 
(a) the old judicial scheme; and 
(b) the 1993 scheme; 
and, if he fails to make an election under this subsection, he 
shall be taken to have elected for the old judicial scheme. 
Judicial Pensions and Retirement Act 1993 c. 8 49 
(3) If a person who held the office of Comptroller before the ScH. 4 
appointed day— 
(a) has made an election under the former enactments for 
the civil service scheme, or 
(b) has failed to make an election under those enactments 
(so that he is taken to have elected for the civil service 
scheme), 
he shall be treated as if he had been entitled to make an election 
under this section and had elected for the civil service scheme. 
(4) Where a person elects under this section for his former 
scheme, that scheme shall, subject to regulations under this 
section, apply as if his service as Comptroller were service which 
was subject, in his case, to that scheme. 
(5) A person who elects under subsection (l)(b) or (2)(b) 
above for the 1993 scheme, shall be entitled, when he ceases to 
hold office as Comptroller, to a pension under Part! of the 1993 
Act at the appropriate annual rate (within the meaning of that 
Act) if he has held that office for at least 5 years and either— 
(a) he has attained the age of 65; or 
(b) he is disabled by permanent infirmity for the 
performance of the duties of the office; 
and, subject to the following provisions of, and regulations 
under, this section, the provisions of Part I of that Act (other 
than sections 1(1) to (4) and 2) and of sections 19, 20 and 23 of, 
and Schedule 2 to, that Act (which provide for benefits in 
respect of earnings in excess of pension-capped salary, appeals 
and transfer of accrued rights) shall apply in relation to him and 
his service in the office of Comptroller as they apply in relation 
to a person to whom Part I of that Act applies. 
(6) Subject to regulations under this section, in the 
application of provisions of the 1993 Act by virtue of subsection 
(5) above, a person who elects for the 1993 scheme shall be 
treated— 
(a) as if the office of Comptroller were a qualifying judicial 
office (within the meaning of that Act) by virtue of 
inclusion among the offices specified in Part I of 
Schedule 1 to that Act; 
(b) as if his election under this section were an election 
such as is mentioned in paragraph (d) of section 1(1) 
of that Act (so that, in particular, section 12 of that 
Act, which provides for the transfer of accrued rights 
into the scheme, applies); 
(c) as if his pension by virtue of this section were a pension 
under section 2 of that Act (and, accordingly, a 
judicial pension, within the meaning of that Act); and 
(d) for the purpose of determining, in the event of his 
death, the rate of any surviving spouse's or children's 
pension payable under sections 5 to 8 of that Act in 
respect of his service as Comptroller, as if references 
in those sections to the annual rate of the deceased's 
judicial pension were references— 
(i) where a pension had commenced to be paid 
to him by virtue of subsection (5) above, to the 
appropriate annual rate of that pension; or 
50 c. 8 Judicial Pensions and Retirement Act 1993 
SCH. 4 (ii) where no such pension had commenced to be 
paid to him, to the rate that would have been the 
appropriate annual rate of the pension payable to 
him by virtue of subsection (5)(b) above, had he not 
died, but been disabled by permanent infirmity for 
the performance of the duties of his office on and 
after the date of death; 
and, in the application of that Act to the Comptroller (whether 
by virtue of subsection (l)(a) or (b) or (2)(b) above) the 
references to the appropriate Minister in settions 13 (election 
for personal pension), 19 (benefits in respect of earnings in 
excess of pension-capped salary) and 20 (appeals) of, and 
Schedule 2 (transfer of accrued rights) to, that Act shall be 
taken as references to the Treasury and the power conferred by 
paragraph 2 of that Schedule to make regulations shall be 
exercisable by the Treasury. 
(7) Where a person elects under this section for the civil 
service scheme, the principal civil service pension scheme within 
the meaning of section 2 of this Act and for the time being in 
force shall, subject to regulations under this section, apply as if 
his service as Comptroller were seri'ice in employment in the 
civil service of the State. 
(8) Where a person elects under this section for the old 
judicial scheme, that scheme and the former enactments shall, 
subject to regulations under this section, continue to have effect 
in relation to him and his service in the office of Comptroller. 
(9) Any power to make an election under this section shall 
be exercisable within such time and in such manner as may be 
prescribed in regulations under this section. 
(10) The Treasury may make regulations for purposes 
supplementary to the other provisions of this section. 
(11) Any such regulations may, without prejudice to section 
1965 c. 74. 38 or 39A of the Superannuation Act 1965 (employment in 
more than one public office), make special provision with 
respect to the pensions and other benefits payable to or in 
respect of a person to whom— 
(a) his former scheme, 
(b) the 1993 scheme, 
(c) the civil service scheme, or 
(d) the old judicial scheme, 
applies, or has applied, in respect of any service other than 
service as Comptroller. 
(12) The provision that may be made by virtue of subsection 
(11) above includes provision— 
(a) for aggregating— 
(i) other service falling within his former 
scheme, the 1993 scheme or the old judicial scheme 
with service as Comptroller, or 
(ii) service as Comptroller with such other 
service, 
for the purpose of determining qualification for, or 
entitlement to, or the amount of, benefit under the 
scheme in question; 
Judicial Pensions and Retirement Act 1993 c. 8 51 
(b) for increasing the amount of the benefit payable under ScH. 4 
any of the schemes mentioned in paragraph (a)(i) 
above, in the case of a person to whom that scheme 
applied in respect of an office held by him before 
appointment as Comptroller, up to the amount that 
would have been payable under that scheme if he had 
retired from that office on the ground of permanent 
infirmity immediately before his appointment. 
(13) Any statutory instrument made by virtue of this section 
shall be subject to annulment in pursuance of a resolution of the' 
House of Commons. 
(14) Any pension or other benefit granted by virtue of this 
section shall be charged on, and issued out of, the Consolidated 
Fund. 
(15) In this section— 
"the 1981 Act" means the Judicial Pensions Act 1981; 1981 c. 20. 
"the 1993 Act" means the Judicial Pensions 
Retirement Act 1993; 
"the appointed day" means the day on which Part I of 
Schedule 4 to the 1993 Act comes into force; 
"the former enactments" means section 13 of this Act, as it 
had effect from time to time before the appointed day; 
"judicial pension scheme" means any public service 
pension scheme, as defined in— 
(a) section 66(1) of the Social Security Pensions 1975 c. 60. 
Act 1975, or 
(b) Article 2(2) of the Social Security Pensions S.I. 1975/1503 
(Northern Ireland) Order 1975, (N.I. 15). 
under which pensions and other benefits are payable 
in respect of service in one or more qualifying judicial 
offices, within the meaning of the 1993 Act, but does 
not include the civil service scheme; 
"the old judicial scheme" means the statutory scheme of 
pensions and other benefits applicable under or by 
virtue of the 1981 Act to the judicial offices listed in 
section 1 of that Act." 
II 
PARLIAMENTARY FOR ADMINISTRATION 
2. For Schedule 1 to the Parliamentary Commissioner Act 1967 (pension 1967 c. 13. 
provision for the Parliamentary Commissioner for Administration) there shall 
be substituted— 
"SCHEDULE 1 Section 2. 
PENSIONS AND OTHER BENEFITS 
Persons taking office after the appointed day 
1. A person who first holds office as the Commissioner on or after the 
appointed day shall be entitled, if he was a member of a judicial pension 
scheme immediately before he first holds that office, to elect between— 
(a) the scheme of pensions and other benefits under that judicial 
pension scheme (his "former scheme"); 
(b) (if different from his former scheme) the scheme of pensions and 
other benefits constituted by Part I of the 1993 Act ("the 1993 
scheme"); and 
52 c. 8 Judicial Pensions and Retirement Act 1993 
ScH. 4 (c) the scheme of pensions and other benefits applicable under section 
1972 c. 11. 1 of the Superannuation Act 1972 to the civil service of the State 
("the civil service scheme"); 
and, if he is not entitled to make an election under this paragraph, or if he 
is so entitled but fails to make such an election, he shall be treated as if he 
had been so entitled and had elected for the civil service scheme. 
Transitional provision for persons appointed before the appointed day 
2.—(1) If a person who held the office of Commissioner before the 
appointed day has made an election under the former enactments for the 
old judicial scheme, he shall be entitled to make an election under this sub- 
paragraph between— 
(a) the old judicial scheme; and 
(b) the 1993 scheme; 
and, if he fails to make an election under this sub-paragraph, he shall be 
taken to have elected for the old judicial scheme. 
(2) If a person who held the office of Commissioner before the appointed 
day— 
(a) has made an election under the former enactments for the civil 
service scheme, or 
(b) has failed to make an election under those enactments (so that he 
is taken to have elected for the civil service scheme), 
he shall be treated as if he had been entitled to make an election under this 
Schedule and had elected for the civil service scheme. 
Effect of election to continue informer scheme 
3. Where a person elects under this Schedule for his former scheme, that 
scheme shall, subject to regulations under this Schedule, apply as if his 
service as Commissioner were service which was subject, in his case, to that 
scheme. 
Effect of election for the 1993 scheme 
4.—(1) A person who elects under paragraph 1(b) or 2(1)(b) above for 
the 1993 scheme, shall be entitled, when he ceases to hold office as 
Commissioner, to a pension under Part I of the 1993 Act at the appropriate 
annual rate (within the meaning of that Act) if he has held that office for at 
least 5 years and either— 
(a) he has attained the age of 65; or 
(b) he is disabled by permanent infirmity for the performance of the 
duties of the office; 
and, subject to the following provisions of, and regulations under, this 
Schedule, the provisions of Part I of that Act (other than sections 1(1) to 
(4) and 2) and of sections 19, 20 and 23 of, and Schedule 2 to, that Act 
(which provide for benefits in respect of earnings in excess of pension- 
capped salary, appeals and transfer of accrued rights) shall apply in 
relation to him and his service in the office of Commissioner as they apply 
in relation to a person to whom Part I of that Act applies. 
(2) Subject to regulations under this Schedule, in the application of 
provisions of the 1993 Act by virtue of sub-paragraph (1) above, a person 
who elects for the 1993 scheme shall be treated— 
(a) as if the office of Commissioner were a qualifying judicial office 
(within the meaning of that Act) by virtue of inclusion among the 
offices specified in Part I of Schedule 1 to that Act; 
Judicial Pensions and Retirement Act 1993 c. 8 53 
(b) as if his election under this Schedule were an election such as is ScH. 4 
mentioned in paragraph (d) of section 1(1) of that Act (so that, in 
particular, section 12 of that Act, which provides for the transfer 
of accrued rights into the scheme, applies); 
(c) as if his pension by virtue of this Schedule were a pension under 
section 2 of that Act (and, accordingly, a judicial pension, within 
the meaning of that Act); and 
(d) for the purpose of determining, in the event of his death, the rate 
of any surviving spouse's or children's pension payable under, 
sections 5 to 8 of that Act in respect of his service as 
Commissioner, as if references in those sections to the annual rate 
of the deceased's judicial pension were references— 
(i) where a pension had commenced to be paid to him by 
virtue of sub-paragraph (1) above, to the appropriate annual 
rate of that pension; or 
(ii) where no such pension had commenced to be paid to 
him, to the rate that would have been the appropriate annual 
rate of the pension payable to him by virtue of sub-paragraph 
(1)(b) above, had he not died, but been disabled by 
infirmity for the performance of the duties of his office on and 
after the date of death; 
and, in the application of that Act to the Commissioner (whether by virtue 
of paragraph 1(a) or (b) or 2(1)(b) above) the references to the appropriate 
Minister in sections 13 (election for personal pension), 19 (benefits in 
respect of earnings in excess of pension-capped salary) and 20 (appeals) of, 
and Schedule 2 (transfer of accrued rights) to, that Act shall be taken as 
references to the Treasury and the power conferred by paragraph 2 of that 
Schedule to make regulations shall be exercisable by the Treasury. 
Effect of election for, or to continue in, the civil service scheme 
5. Where a person elects under this Schedule for the civil service scheme, 
the principal civil service pension scheme within the meaning of section 2 
of the Superannuation Act 1972 and for the time being in force shall, 1972 c. 11. 
subject to regulations under this Schedule, apply as if his service as 
Commissioner were service in employment in the civil service of the State. 
Effect of election to continue in the old judicial scheme 
6. Where a person elects under this Schedule for the old judicial scheme, 
that scheme and the former enactments shall, subject to regulations under 
this Schedule, continue to have effect in relation to him and his service in 
the office of Commissioner. 
Time for, and manner of, election 
7. Any power to make an election under this Schedule shall be exercisable 
within such time and in such manner as may be prescribed in regulations 
under this Schedule. 
Regulations 
8.—(1) The Treasury may make regulations for purposes supplementary 
to the other provisions of this Schedule. 
(2) Any such regulations may, without prejudice to section 38 or 39A of 
the Superannuation Act 1965 (employment in more than one public office), 1965 c. 74. 
make special provision with respect to the pensions and other benefits 
payable to or in respect of a person to whom— 
(a) his former scheme, 
54 c. S Judicial Pensions and Ret irement Act 1993 
SCH. 4 (b) the 1993 scheme, 
(c) the civil service scheme, or 
(d) the old judicial scheme, 
applies, or has applied, in respect of any service other than service as 
Commissioner. 
(3) The provision that may be made by virtue of sub-paragraph (2) 
above includes provision— 
(a) for aggregating— 
(i) other service falling within his former scheme, the 1993 
scheme or the old judicial scheme with service as 
Commissioner, or 
(ii) service as Commissioner with such other service, 
for the purpose of determining qualification for, or entitlement 
to, or the amount of, benefit under the scheme in question; 
(b) for increasing the amount of the benefit payable under any of the 
schemes mentioned in paragraph (a)(i) above, in the case of a 
person to whom that scheme applied in respect of an office held 
by him before appointment as up to the amount 
that would have been payable under that scheme if he had retired 
from that office on the ground of permanent infirmity 
immediately before his appointment. 
(4) Any statutory instrument made by virtue of this Schedule shall be 
subject to annulment in pursuance of a resolution of the House of 
Commons. 
Pensions and benefits to be charged on the Consolidated Fund 
9. Any pension or other benefit granted by virtue of this Schedule shall 
be charged on, and issued out of, the Consolidated Fund. 
Interpretation 
10. In this Schedule— 
1981 c. 20. "the 1981 Act" means the Judicial Pensions Act 1981; 
"the 1993 Act" means the Judicial Pensions and Retirement Act 1993; 
"the appointed day" means the day on which Part II of Schedule 4 to 
the 1993 Act comes into force; 
"the former enactments" means Schedule 1 to this Act, as it had effect 
from time to time before the appointed day; 
"judicial pension scheme" means any public service pension scheme, 
as defined in— 
1975 c. 60. (a) section 66(1) of the Social Security Pensions Act 1975, or 
S.I. 1975/1503 (b) Article 2(2) of the Social Security Pensions (Northern 
(N.!. 15). Ireland) Order 1975, 
under which pensions and other benefits are payable in respect of 
service in one or more qualifying judicial offices, within the 
meaning of the 1993 Act, but does not include the civil service 
scheme; 
"the old judicial scheme" means the statutory scheme of pensions and 
other benefits applicable under or by virtue of the 1981 Act to the 
judicial offices listed in section 1 of that Act." 
Judicial Pensions and Retirement Act 1993 C. 8 55 
III SCH. 4 
ThE HEALTH SERVICE COMMISSIONERS 
The Health Service Commissioners for England and for Wales 
3.—(1) Section 107 of the National Health Service Act 1977 (which makes 1977 c. 49. 
provision with respect to the salaries and pensions of the Health Service 
Commissioners for England and for Wales) shall be amended in accordance with 
the following provisions of this paragraph. 
(2) In subsection (2) (which applies Schedule 1 to the Parliamentary 
Commissioner Act 1967 in relation to persons who have held office as a Health 1967 c. 13. 
Service Commissioner) for the words "who have held office", in both places 
where they occur, there shall be substituted the words "who hold, or have held, 
office". 
(3) In subsection (6) (persons not to make simultaneously different elections 
in pursuance of paragraph 1 of that Schedule in respect of different offices)— 
(a) in paragraph (a), after the words "paragraph 1" there shall be inserted 
the words "or 2"; and 
(b) in paragraph (b), for the words "that paragraph" there shall be 
substituted the words "either of those paragraphs". 
(4) In subsection (7) (which, among other things, provides for different 
regulations to be made under paragraph 4 of that Schedule in relation to different 
offices) for the words "paragraph 4" there shall be substituted the words 
"paragraph 8". 
(5) The amendments made by sub-paragraphs (2) to (4) above have effect only 
in relation to Schedule I to the Parliamentary Commissioner Act 1967, as 
substituted by Part II above; and accordingly in any case where— 
(a) a person makes an election under paragraph 2(1)(a) of that Schedule for 
the old judicial scheme there mentioned, and 
(b) the former enactments mentioned in paragraph 6 of that Schedule 
continue to apply by virtue of that paragraph, 
the amendments made by sub-paragraphs (3) and (4) above shall be disregarded 
in the continuing application of section 107 of the National Health Service Act 
1977 in relation to those former enactments as they continue to have effect in 
relation to that person and that scheme. 
The Health Service Commissioner for Scotland 
4.—(l) Section 91 of the National Health Service (Scotland) Act 1978 (which 1978 c. 29. 
makes provision with respect to the salary and pension of the Health Service 
Commissioner for Scotland) shall be amended in accordance with the following 
provisions of this paragraph. 
(2) In subsection (2) (which applies Schedule 1 to the Parliamentary 
Commissioner Act 1967 in relation to persons who have held office as the Health 
Service Commissioner) for the words "who have held office", in both places 
where they occur, there shall be substituted the words "who hold, or have held, 
office". 
(3) In subsection (6) (persons not to make simultaneously different elections 
in pursuance of paragraph 1 of that Schedule in respect of different offices)— 
(a) in paragraph (a), after the words "paragraph 1" there shall be inserted 
the words "or 2"; and 
(b) in paragraph (b), for the words "that paragraph" there shall be 
substituted the words "either of those paragraphs". 
56 c. 8 Judicial Pensions and Retirement Act 1993 
SCH. 4 (4) In subsection (7) (which, among other things, provides for different 
regulations to be made under paragraph 4 of that Schedule in relation to different 
offices) for the words "paragraph 4" there shall be substituted the words 
"paragraph 8". 
(5) The amendments made by sub-paragraphs (2) to (4) above have effect only 
1967 c. 13. in relation to Schedule 1 to the Parliamentary Commissioner Act 1967, as 
substituted by Part II above; and accordingly in any case where— 
(a) a person makes an election under paragraph 2(l)(a) of that Schedule for 
the old judicial scheme there mentioned, and 
(b) the fonner enactments mentioned in paragraph 6 of that Schedule 
continue to apply by virtue of that paragraph, 
the amendments made by sub-paragraphs (3) and (4) above shall be disregarded 
1978 c. 29. in the continuing application of section 91 of the National Health Service 
(Scotland) Act 1978 in relation to those former enactments as they continue to 
have effect in relation to that person and that scheme. 
IV 
THE COMPTROLLER AND AUDITOR GENERAL FOR NORTHERN IRELAND 
S.!. 1987/460 5.—(l) The Audit (Northern Ireland) Order 1987 shall be amended in 
(N.!. 5). accordance with the following provisions of this paragraph. 
(2) In Article 2(2) (interpretation), in the definition of "the appointed day" 
after the word "means" there shall be inserted the words "(except in Article 4A)". 
(3) In paragraph (4) of Article 4 (pension of the Comptroller and Auditor 
General), after the words "Northern Ireland" (where they occur for the second 
time) there shall be inserted the words "unless he elects under Article 4A for it to 
be treated otherwise". 
(4) After that Article there shall be inserted the following Article— 
"Pension of Comptroller and Auditor General: supplementary 
4A.—(1) This Article applies to a person— 
(a) who first holds office on or after the appointed day as the 
Comptroller and Auditor General; and 
(b) who, immediately before he first holds that office, is a member of 
a judicial pension scheme. 
(2) A person to whom this Article applies shall be entitled to elect 
between— 
(a) the scheme of pensions and other benefits under the judicial 
pension scheme mentioned in paragraph (1)(b) (his "former 
scheme"); 
(b) (if different from his former scheme) the scheme of pensions and 
other benefits constituted by Part I of the 1993 Act ("the 1993 
scheme"); and 
(c) the scheme of pensions and other benefits applicable under the 
S.!. 1972/1073 Superannuation (Northern Ireland) Order 1972 to the civil 
(NI. 10). service of Northern Ireland ("the civil service scheme"); 
and, if he fails to make an election under this paragraph, he shall be treated 
as if he had elected for the civil service scheme. 
(3) Where a person elects under this Article for his former scheme, that 
scheme shall, subject to regulations under this Article, apply as if his service 
as Comptroller and Auditor General were service which was subject, in his 
case, to that scheme. 
Judicial Pensions and Retirement Act 1993 c. 8 57 
(4) A person who elects under paragraph (2)(b) for the 1993 scheme, SCH. 4 
shall be entitled, when he ceases to hold office as Comptroller and Auditor 
General, to a pension under Part I of the 1993 Act at the appropriate 
annual rate (within the meaning of that Act) if he has held that office for at 
least 5 years and either— 
(a) he has attained the age of 65; or 
(b) he is disabled by permanent infirmity for the performance of the 
duties of the office; 
and, subject to the following provisions of, and regulations under, this 
Article, the provisions of Part I of that Act (other than sections 1(1) to (4) 
and 2) and of sections 19, 20 and 23 of, and Schedule 2 to, that Act (which 
provide for benefits in respect of earnings in excess of pension-capped 
salary, appeals and transfer of accrued rights) shall apply in relation to him 
and his service in the office of Comptroller and Auditor General as they 
apply in relation to a person to whom Part I of that Act applies. 
(5) Subject to regulations under this Article, in the application of 
provisions of the 1993 Act by virtue of paragraph (4), a person who elects 
for the 1993 scheme shall be treated— 
(a) as if the office of the Comptroller and Auditor General were a 
qualifying judicial office (within the meaning of that Act) by 
virtue of inclusion among the offices specified in Part I of 
Schedule 1 to that Act; 
(b) as if his election under this Article were an election such as is 
mentioned in paragraph (d) of section 1(1) of that Act (so that, in 
particular, section 12 of that Act, which provides for the transfer 
of accrued rights into the scheme, applies); 
(c) as if his pension by virtue of this Article were a pension under 
section 2 of that Act (and, accordingly, a judicial pension, within 
the meaning of that Act); and 
(d) for the purpose of determining, in the event of his death, the rate 
of any surviving spouse's or children's pension payable under 
sections 5 to 8 of that Act in respect of his service as Comptroller 
and Auditor General, as if references in those sections to the 
annual rate of the deceased's judicial pension were references— 
(i) where a pension had commenced to be paid to him by 
virtue of paragraph (4), to the appropriate annual rate of that 
pension; or 
(ii) where no such pension had commenced to be paid to 
him, to the rate that would have been the appropriate annual 
rate of the pension payable to him by virtue of paragraph 
(4)(b), had he not died, but been disabled by permanent 
infirmity for the performance of the duties of his office on and 
after the date of death; 
and, in the application of that Act to the Comptroller and Auditor General 
(whether by virtue of paragraph (2)(a) or (b)) the references to the 
appropriate Minister in sections 13 (election for personal pension), 19 
(benefits in respect of earnings in excess of pension-capped salary) and 20 
(appeals) of, and Schedule 2 (transfer of accrued rights) to, that Act shall be 
taken as references to the Treasury and the power conferred by paragraph 2 
of that Schedule to make regulations shall be exercisable by the Treasury. 
(6) Where a person elects under this Article for the civil service scheme, 
Article 4(4) shall apply in relation to his service as Comptroller and 
Auditor General. 
(7) Any power to make an election under this Article shall be exercisable 
within such time and in such manner as may be prescribed in regulations 
under this Article. 
58 c. 8 Judicial Pensions and Retirement Act 1993 
ScH. 4 (8) The Treasury may make regulations for purposes supplementary to 
the other provisions of this Article. 
(9) Any such regulations may, without prejudice to section 38 of the 
1967 c. 24 (N.!.). Superannuation Act (Northern Ireland) 1967 or section 39A of the 
1965 c. 74. Superannuation Act 1965 (employment in more than one public office), 
make special provision with respect to the pensions and other benefits 
payable to or in respect of a person to whom— 
(a) his former scheme, 
(b) the 1993 scheme, or 
(c) the civil service scheme, 
applies, or has applied, in respect of any service other than service as 
Comptroller and Auditor General. 
(10) The provision that may be made by virtue of paragraph (9) includes 
provision— 
(a) for aggregating— 
(i) other service falling within his former scheme or the 1993 
scheme with service as Comptroller and Auditor General, or 
(ii) service as Comptroller and Auditor General with such 
other service, 
for the purpose of determining qualification for, or entitlement 
to, or the amount of, benefit under the scheme in question; 
(b) for increasing the amount of the benefit payable under either of 
the schemes mentioned in sub-paragraph (a)(i), in the case of a 
person to whom that scheme applied in respect of an office held 
by him before appointment as Comptroller and Auditor General, 
up to the amount that would have been payable under that 
scheme if he had retired from that office on the ground of 
permanent infirmity immediately before his appointment. 
(11) Regulations made under this Article shall be subject to annulment 
1946 c. 36. in like manner as a statutory instrument and section 5 of the Statutory 
Instruments Act 1946 shall apply accordingly. 
(12) Any pension or other benefit granted by virtue of this Article 
(except a pension or other benefit under the civil service scheme) shall be 
charged on, and issued out of, the Consolidated Fund of the United 
Kingdom. 
(13) In this Article— 
"the 1993 Act" means the Judicial Pensions and Retirement Act 1993; 
"the appointed day" means the day on which Part IV of Schedule 4 to 
the 1993 Act comes into force; 
"judicial pension scheme" means any public service pension scheme, 
as defined in— 
1975 c. 60. (a) section 66(1) of the Social Security Pensions Act 1975, or 
S.!. 1975/1503 (b) Article 2(2) of the Social Security Pensions (Northern 
(N.!. 15). Ireland) Order 1975, 
under which pensions and other benefits are payable in respect of 
service in one or more qualifying judicial offices, within the 
meaning of the 1993 Act, but does not include the civil service 
scheme." 
Judicial Pensions and Retirement Act 1993 c. 8 59 
PART V SCH. 4 
THE NORTHERN IRELAND PARLIAMENTARY FOR ADMINISTRATION 
AND THE NORTHERN IRELAND FOR COMPLAINTS 
6.—(l) The Parliamentary Commissioner Act (Northern Ireland) 1969 shall 1969 c. 10 (N.!.). 
be amended in accordance with the following provisions of this paragraph. 
(2) In subsection (3) of section 2 (power to detennine the pension and other 
benefits payable to person who has held office as Commissioner) at the beginning 
there shall be inserted the words "Subject to subsections (4A) and (4B),". 
(3) After subsection (4) of that section there shall be inserted the following 
subsections— 
"(4A) Subsection (3) shall not apply in relation to pension and other 
benefits payable to or in respect of a person who first holds the office of 
Commissioner on or after the day appointed for the coming into force of 
Part V of Schedule 4 to the Judicial Pensions and Retirement Act 1993. 
(4B) The provisions of Schedule IA shall have effect with respect to the 
pensions and other benefits to be paid to or in respect of persons who have 
held office as Commissioner." 
(4) In subsection (5) of that section, at the end there shall be added the words 
"or by virtue of Schedule 1A". 
(5) In subsection (6) of that section, at the beginning there shall be inserted the 
words "Except insofar as Schedule IA otherwise provides". 
(6) Immediately before Schedule I there shall be inserted the following 
Schedule— 
"SCHEDULE IA Section 2. 
PENSIONS AND OTHER BENEFITS 
Persons taking office after the appointed day 
1. A person who first holds office as the Commissioner on or after the 
appointed day shall be entitled, if he was a member of a judicial pension 
scheme immediately before he first holds that office, to elect between— 
(a) the scheme of pensions and other benefits under that judicial 
pension scheme (his "former scheme"); 
(b) (if different from his former scheme) the scheme of pensions and 
other benefits constituted by Part I of the 1993 Act ("the 1993 
scheme"); and 
(c) the scheme of pensions and other benefits applicable under Article 
3 of the Superannuation (Northern Ireland) Order 1972 to the S.!. 1972/1073 
civil service of Northern Ireland ("the civil service scheme"); (N.!. 10). 
and, if he is not entitled to make an election under this paragraph, or if he 
is so entitled but fails to make such an election, he shall be treated as if he 
had been so entitled and had elected for the civil service scheme. 
Transitional provision for persons appointed before the appointed day 
2. If a person who held the office of Commissioner before the appointed 
day has made an election under the former enactment for the old judicial 
scheme, he shall be entitled to make an election under this sub-paragraph 
between— 
(a) the old judicial scheme; and 
(b) the 1993 scheme; 
and, if he fails to make an election under this sub-paragraph, he shall be 
taken to have elected for the old judicial scheme. 
60 c. 8 Judicial Pensions and Retirement Act 1993 
SCH. 4 Effect of election to continue informer scheme 
3. Where a person elects under this Schedule for his former scheme, that 
scheme shall, subject to regulations under this Schedule, apply as if his 
service as Commissioner were service which was subject, in his case, to that 
scheme. 
Effect of election for the 1993 scheme 
4.—(1) A person who elects under paragraph 1(b) or 2(b) for the 1993 
scheme, shall be entitled, when he ceases to hold office as Commissioner, to 
a pension under Part I of the 1993 Act at the appropriate annual rate 
(within the meaning of that Act) if he has held that office for at least 5 years 
and either— 
(a) he has attained the age of 65; or 
(b) he is disabled by permanent infirmity for the performance of the 
duties of the office; 
and, subject to the following provisions of, and regulations under, this 
Schedule, the provisions of Part I of that Act (other than sections 1(1) to 
(4) and 2) and of sections 19, 20 and 23 of, and Schedule 2 to, that Act 
(which provide for benefits in respect of earnings in excess of pension- 
capped salary, appeals and transfer of accrued rights) shall apply in 
relation to him and his service in the office of Commissioner as they apply 
in relation to a person to whom Part I of that Act applies. 
(2) Subject to regulations under this Schedule, in the application of 
provisions of the 1993 Act by virtue of sub-paragraph (1), a person who 
elects for the 1993 scheme shall be treated— 
(a) as if the office of Commissioner were a qualifying judicial office 
(within the meaning of that Act) by virtue of inclusion among the 
offices specified in Part I of Schedule 1 to that Act; 
(b) as if his election under this Schedule were an election such as is 
mentioned in paragraph (d) of section 1(1) of that Act (so that, in 
particular, section 12 of that Act, which provides for the transfer 
of accrued rights into the scheme, applies); 
(c) as if his pension by virtue of this Schedule were a pension under 
section 2 of that Act (and, accordingly, a judicial pension, within 
the meaning of that Act); and 
(d) for the purpose of determining, in the event of his death, the rate 
of any surviving spouse's or children's pension payable under 
sections 5 to 8 of that Act in respect of his service as 
Commissioner, as if references in those sections to the annual rate 
of the deceased's judicial pension were references— 
(i) where a pension had commenced to be paid to him by 
virtue of sub-paragraph (1), to the appropriate annual rate of 
that pension; or 
(ii) where no such pension had commenced to be paid to 
him, to the rate that would have been the appropriate annual 
rate of the pension payable to him by virtue of sub-paragraph 
(1)(b), had he not died, but been disabled by permanent 
infirmity for the performance of the duties of his office on and 
after the date of death; 
and, in the application of that Act to the Commissioner (whether by virtue 
of paragraph 1(a) or (b) or 2(b)) the references to the appropriate Minister 
in sections 13 (election for personal pension), 19 (benefits in respect of 
earnings in excess of pension-capped salary) and 20 (appeals) of, and 
Schedule 2 (transfer of accrued rights) to, that Act shall be taken as 
references to the Treasury and the power conferred by paragraph 2 of that 
Schedule to make regulations shall be exercisable by the Treasury. 
Judicial Pensions and Retirement Act 1993 c. 8 61 
Effect of election for, or to continue in, the civil service scheme ScH. 4 
5. Where a person elects under this Schedule for the civil service scheme, 
the principal civil service pension scheme within the meaning of Article 4 of 
the Superannuation (Northern Ireland) Order 1972 and for the time being S.!. 1972/1073 
in force shall apply as if his service as Commissioner were service in (N.I. 10). 
employment in the civil service of Northern Ireland. 
Effect of election to continue in the old judicial scheme 
6. Where a person elects under this Schedule for the old judicial scheme, 
that scheme and the former enactment shall continue to have effect in 
relation to him and his service in the office of Commissioner. 
Time for, and manner of, election 
7. Any power to make an election under this Schedule shall be exercisable 
within such time and in such manner as may be prescribed in regulations 
under this Schedule. 
Regulations 
8.—(l) The Treasury may make regulations for purposes supplementary 
to the other provisions of this Schedule. 
(2) Any such regulations may, without prejudice to section 38 of the 
Superannuation Act (Northern Ireland) 1967 or section 39A of the 1967 c. 24 (N.I.). 
Superannuation Act 1965 (employment in more than one public office), 1965 c. 74. 
make special provision with respect to the pensions and other benefits 
payable to or in respect of a person to whom— 
(a) his former scheme, 
(b) the 1993 scheme, 
(c) the civil service scheme, or 
(d) the old judicial scheme, 
applies, or has applied, in respect of any service other than service as 
Commissioner. 
(3) The provision that may be made by virtue of sub-paragraph (2) 
includes provision— 
(a) for aggregating— 
(i) other service falling within his former scheme, the 1993 
scheme or the old judicial scheme with service as 
Commissioner, or 
(ii) service as Commissioner with such other service, 
for the purpose of determining qualification for, or entitlement 
to, or the amount of, benefit under the scheme in question; 
(b) for increasing the amount of the benefit payable under any of the 
schemes mentioned in paragraph (a)(i), in the case of a person to 
whom that scheme applied in respect of an office held by him 
before appointment as Commissioner, up to the amount that 
would have been payable under that scheme if he had retired from 
that office on the ground of permanent infirmity immediately 
before his appointment. 
(4) Regulations made under this Schedule shall be subject to annulment 
in like manner as a statutory instrument and section 5 of the Statutory 1946 c. 36. 
Instruments Act 1946 shall apply accordingly. 
62 c. 8 Judicial Pensions and Retirement Act 1993 
ScH. 4 Pensions and benefits to be charged on the Consolidated Fund 
9. Any pension or other benefit granted by virtue of this Schedule (except 
a pension or other benefit under the civil service scheme or the old judicial 
scheme) shall be charged on, and issued out of, the Consolidated Fund of 
the United Kingdom. 
Interpretation 
10. In this Schedule— 
"the 1993 Act" means the Judicial Pensions and Retirement Act 1993; 
"the appointed day" means the day on which Part V of Schedule 4 to 
the 1993 Act comes into force; 
S.R. & 0. (N.!.) "the former enactment" means the Parliamentary Commissioner and 
1973 No. 455. Commissioner for Complaints (Pension) Order (Northern 
Ireland) 1973 as it had effect from time to time before the 
appointed day; 
"judicial pension scheme" means any public service pension scheme, 
as defined in— 
1975 c. 60. (a) section 66(1) of the Social Security Pensions Act 1975, or 
S.!. 1975/1503 (b) Article 2(2) of the Social Security Pensions (Northern 
(N.I. 15). Ireland) Order 1975, 
under which pensions and other benefits are payable in respect of 
service in one or more qualifying judicial offices, within the 
meaning of the 1993 Act, but does not include the civil service 
scheme; 
"the old judicial scheme" means the scheme of pensions and other 
benefits set out in Part II of the Parliamentary Commissioner and 
Commissioner for Complaints (Pension) Order (Northern 
Ireland) 1973." 
1969 c. 25 (N.J.). 7.—(1) The Commissioner for Complaints Act (Northern Ireland) 1969 shall 
be amended in accordance with the following provisions of this paragraph. 
(2) In subsection (2) of section 2 (remuneration), at the end there shall be 
added the words "or payable by virtue of Schedule 1A". 
(3) In subsection (3) of that section, at the beginning there shall be inserted 
"Except insofar as Schedule 1A otherwise provides". 
(4) After that subsection there shall be added— 
"(4) The provisions of Schedule 1A shall have effect with respect to the 
pensions and other benefits to be paid to or in respect of persons who have 
held office as Commissioner." 
(5) After subsection (1) of section 13 (power to make provision by order) there 
shall be inserted the following subsection— 
"(1A) Paragraph (c) of subsection (1) shall not apply in relation to 
pension and other benefits payable to or in respect of a person who first 
holds the office of Commissioner on or after the day appointed for the 
coming into force of Part V of Schedule 4 to the Judicial Pensions and 
Retirement Act 1993." 
(6) Immediately before Schedule 1 there shall be inserted as Schedule 1A the 
Schedule set out in paragraph 6(6) above. 
Judicial Pensions and Retirement Act 1993 c. 8 63 
SCHEDULE 5 SCH. 5 
RETIREMENT PROVISIONS: THE RELEVANT OFFICES tboui 26. 
Lord of Appeal in Ordinary 
Judge of the Supreme Court of England and Wales, other than the Lord 
Chancellor 
Deputy judge of the High Court 
Lord President of the Court of Session 
Lord Justice Clerk 
Judge of the Court of Session 
Temporary Judge of the Court of Session 
Lord Chief Justice of Northern Ireland 
Lord Justice of Appeal in Northern Ireland 
Judge of the High Court of Justice in Northern Ireland 
Circuit judge 
Sheriff principal or sheriff in Scotland 
Temporary sheriff principal or temporary sheriff in Scotland 
County Court judge in Northern Ireland 
Deputy County Court judge in Northern Ireland 
Master, Queen's Bench Division 
Deputy or temporary Master, Queen's Bench Division, appointed under 
subsection (1) of section 91 of the Supreme Court Act 1981 otherwise 1981 c. 54. 
than by virtue of subsection (3) of that section 
Admiralty Registrar 
Deputy or temporary Admiralty Registrar appointed under subsection (1) 
of section 91 of the Supreme Court Act 1981 otherwise than by virtue 
of subsection (3) of that section 
Master, Chancery Division 
Deputy or temporary Master, Chancery Division, appointed under 
subsection (1) of section 91 of the Supreme Court Act 1981 otherwise 
than by virtue of subsection (3) of that section 
Registrar in Bankruptcy of the High Court 
Deputy or tempOrary Registrar in Bankruptcy of the High Court appointed 
under subsection (1) of section 91 of the Supreme Court Act 1981 
otherwise than by virtue of subsection (3) of that section 
Taxing Master of the Supreme Court 
Deputy or temporary Taxing Master of the Supreme Court appointed under 
subsection (1) of section 91 of the Supreme Court Act 1981 otherwise 
than by virtue of subsection (3) of that section 
District judge of the principal registry of the Family Division 
Deputy or temporary district judge of the principal registry of the Family 
Division appointed under subsection (1) of section 91 of the Supreme 
Court Act 1981 otherwise than by virtue of subsection (3) of that 
section 
Registrar of Civil Appeals 
Deputy or temporary Registrar of Civil Appeals appointed under 
subsection (1) of section 91 of the Supreme Court Act 1981 otherwise 
than by virtue of subsection (3) of that section 
Master of the Court of Protection 
64 c. 8 Judicial Pensions and Retirement Act 1993 
ScH. 5 Deputy or temporary Master of the Court of Protection appointed under 
1981 c. 54. subsection (1) of section 91 of the Supreme Court Act 1981 otherwise 
than by virtue of subsection (3) of that section 
District judge (whether appointed under section 100 of the Supreme Court 
1984 c. 28. Act 1981 or section 6 of the County Courts Act 1984) 
Deputy district judge appointed under section 102 of the Supreme Court 
Act 1981, except in a case where the person in question has previously 
held office as a district judge for a district registry 
Deputy district judge appointed under section 8 of the County Courts Act 
1984, except in a case where the person in question has previously held 
office as a district judge for a county court district 
Recorder 
Assistant Recorder 
1978 c. 23. Any appointment under section 70 or 75(1) of the Judicature (Northern 
Ireland) Act 1978 to an office from time to time specified in column 1 of 
Schedule 3 to that Act (statutory office) or any appointment under 
section 74 of that Act to act in any such office 
Stipendiary magistrate in England and Wales 
1964 c. 21 (N.J.). Resident Magistrate appointed under the Magistrates' Courts Act 
(Northern Ireland) 1964 
Deputy Resident Magistrate appointed under the Magistrates' Courts Act 
(Northern Ireland) 1964 
Chief or other Social Security Commissioner (including appointments in 
1992 c. 5. pursuance of section 52(2) of the Social Security Administration Act 
1992) 
Chief or other Child Support Commissioner (including appointments in 
1991 c. 48. pursuance of paragraph 4 of Schedule 4 to the Child Support Act 1991) 
Chief or other Social Security Commissioner for Northern Ireland 
(including appointments in pursuance of section 50(2) of the Social 
1992 c. 8. Security Administration (Northern Ireland) Act 1992) 
Chief or other Child Support Commissioner for Northern Ireland 
(including appointments in pursuance of paragraph 4 of Schedule 4 to 
the Child Support Act 1991 as that paragraph has effect by virtue of 
paragraph 8 of that Schedule) 
President of social security appeal tribunals, medical appeal tribunals, 
disability appeal tribunals and child support appeal tribunals 
President of social security appeal tribunals, medical appeal tribunals, 
disability appeal tribunals and child support appeal tribunals in 
Northern Ireland 
Chairman of social security appeal tribunals, medical appeal tribunals and 
disability appeal tribunals 
Chairman of child support appeal tribunals 
Chairman of social security appeal tribunals, medical appeal tribunals and 
disability appeal tribunals in Northern Ireland 
Chairman of child support appeal tribunals in Northern Ireland 
Chairman of vaccine damage tribunals 
Chairman of the Foreign Compensation Commission 
Commons Commissioner 
President of the Industrial Tribunals (England and Wales) 
President of the Industrial Tribunals (Scotland) 
President or Vice-President of Industrial Tribunals and of the Fair 
Employment Tribunal (Northern Ireland) 
Judicial Pensions and Retirement Act 1993 c. 8 65 
Chairman of industrial tribunals, appointed in pursuance of regulations ScH. 5 
under section 128 of the Employment Protection (Consolidation) Act 1978 c. 44. 
1978 
Chairman of industrial tribunals in Northern Ireland, appointed in 
pursuance of regulations under Article 30 of the Industrial Training S.!. 1984/1159 
(Northern Ireland) Order 1984 (N.I. 9). 
Chairman of the Fair Employment Tribunal, appointed under section 
3(1)(c) of the Fair Employment (Northern Ireland) Act 1989 1989 c. 32. 
President of the Industrial Court appointed in pursuance of Article 91 of the 
Industrial Relations (Northern Ireland) Order 1992 S.!. 1992/807 
Member of the Employment Appeal Tribunal appointed under section 
1 35(2)(c) of the Employment Protection (Consolidation) Act 1978 
President or other member of the Lands Tribunal, the Lands Tribunal for 
Scotland or the Lands Tribunal for Northern Ireland 
Judge Advocate General 
Judge Advocate of Her Majesty's Fleet 
President of Value Added Tax Tribunals 
Chairman of value added tax tribunals 
Commissioner for the special purposes of the Income Tax Acts appointed 
under section 4 of the Taxes Management Act 1970 1970 c. 9. 
Deputy Special Commissioner appointed under section 4A of the Taxes 
Management Act 1970 
President or other member of the Immigration Appeal Tribunal 
Immigration adjudicator 
President or other member of Pensions Appeal Tribunals 
Chairman or other member of a Mental Health Review Tribunal 
constituted under the Mental Health Act 1983 1983 c. 20. 
Member of the Financial Services Tribunal appointed by the Lord 
Chancellor 
Chairman of a tribunal constituted for the purposes of sections 14 and 15 of 
the Misuse of Drugs Act 1971 1971 c. 38. 
Chairman of an advisory body constituted for the purposes of section 14 of 
the Misuse of Drugs Act 1971 
Appointed member of the Restrictive Practices Court, within the meaning 
of section 3 of the Restrictive Practices Court Act 1976 1976 c. 33. 
Chairman or other member of the tribunal constituted by, section 706 of the 
Income and Corporation Taxes Act 1988 1988 c. 1. 
Arbitrator appointed under paragraph 1(5) of Schedule 11 to the 
Agricultural Holdings Act 1986 1986 c. 5. 
Chairman, deputy-chairman or other member of an Agricultural Land 
Tribunal (other than an assessor added to the Tribunal under 
paragraph 16(2) of Schedule 9 to the Agriculture Act 1947) 1947 c. 48. 
President of the Aircraft and Shipbuilding Industries Arbitration Tribunal 
Chairman of a tribunal established by section 29 of the Betting, Gaming and 1963 c. 2. 
Lotteries Act 1963 
Chairman or deputy chairman of the Copyright Tribunal 
Chairman or deputy chairman of the Data Protection Tribunal 
Chairman of an Independent Schools Tribunal 
President of a tribunal constituted under Schedule 3 to the Industry Act 1975 c. 68. 
1975 
66 c. 8 Judicial Pensions and Retirement Act 1993 
SCH. 5 Chairman of the tribunal constituted under Schedule 9 to the National 
1977 49• Health Service Act 1977 
Chairman of the Plant Varieties and Seeds Tribunal 
1984 c. 23. Chairman of a Registered Homes Tribunal constituted under the Registered 
Homes Act 1984 
Chairman or other member of Rent Assessment Committees appointed by 
1977 c. 42. the Lord Chancellor under Schedule 10 to the Rent Act 1977 
President or chairman of the Transport Tribunal 
1949 c. 54. President of the tribunal established under section 9 of the Wireless 
Telegraphy Act 1949 
1970 c. 36. Wreck commissioner appointed under section 82 of the Merchant Shipping 
Act 1970 
1985 c. 17. Chairman of a Reinstatement Committee constituted under the Reserve 
Forces (Safeguard of Employment) Act 1985 
Section 26. SCHEDULE 6 
RETIREMENT DATES FOR CERTAIN JUDICIAL OFFICES 
The Judicial Committee of the Privy Council 
1887 c. 70. 1 .—(1) At the end of section 3 of the Appellate Jurisdiction Act 1887 (Judicial 
Committee of the Privy Council to include such members of the Privy Council as 
are holding or have held high judicial office) there shall be added the words "but 
no person shall be a member of that Committee by virtue of this section at any 
time after the day on which he attains the age of seventy-five years unless he is for 
the time being the Lord Chancellor of Great Britain." 
1881 c. 3. - (2) At the end of section 1 of the Judicial Committee Act 1881 (person 
holding, or who has held, the office of Lord Justice of Appeal, if a member of the 
Privy Council, to be a member of the Judicial Committee) there shall be added 
the words "but no person shall be a member of that Committee by virtue of this 
section at any time after the day on which he attains the age of seventy-five 
years." 
Lords of Appeal 
1876 c. 59. 2. In section 5 of the Appellate Jurisdiction Act 1876, after paragraph (3) 
(peers who hold, or have held, high judicial office to be Lords of Appeal) there 
shall be added the words— 
"but this section is subject to sections 26(7)(b) and 27 of the Judicial 
Pensions and Retirement Act 1993 (prohibition on participating in the 
hearing and determination of appeals after attaining the age of seventy-five 
years, except for the purpose of completing proceedings already begun)." 
Lords of Appeal in Ordinary and senior judges in Scotland and Northern Ireland 
1959 c. 9. 3. In subsection (1) of section 2 of the Judicial Pensions Act 1959 (which 
provides that any Lord of Appeal in Ordinary, Lord Justice General, Lord 
Justice Clerk, Senator of the College of Justice in Scotland, Lord Chief Justice of 
Northern Ireland, Lord Justice of Appeal in Northern Ireland or Judge of the 
High Court of Justice in Northern Ireland is to vacate his office on the day on 
which he attains the age of 75) for the words "seventy-five" there shall be 
substituted the word "seventy". 
Judicial Pensions and Retirement Act 1993 c. 8 67 
Judges of the Supreme Court ScH. 6 
4. In subsection (2) of section 11 of the Supreme Court Act 1981 (which 1981 c. 54. 
provides that any judge of the Supreme Court, other than the Lord Chancellor, 
is to vacate his office no later than the day on which he attains the age of 75) for 
the words "seventy-five" there shall be substituted the word "seventy". 
Acting and deputy judges 
5.—(l) In section 9 of the Supreme Court Act 1981, after subsection (1). 
(persons who may act as judges) there shall be inserted— 
"( 1A) A person shall not act as a judge by virtue of subsection (1) after 
the day on which he attains the age of 75." 
(2) After subsection (4) of that section (appointment of deputy High Court 
judges) there shall be inserted— 
"(4A) No appointment of a person as a deputy judge of the High Court 
shall be such as to extend beyond the day on which he attains the age of 70, 
but this subsection is subject to section 26(4) to (6) of the Judicial Pensions 
and Retirement Act 1993 (Lord Chancellor's power to authorise 
continuance in office up to the age of 75)." 
(3) In subsection (6)(b) of that section (which refers to subsection (7) of that 
section, relating to the completion of proceedings after retirement), for the words 
"subject to subsection (7)" there shall be substituted the words "subject to 
section 27 of the Judicial Pensions and Retirement Act 1993". 
Temporary Judges of the Court of Session 
6.—(l) In paragraph 5 of Schedule 4 to the Law Reform (Miscellaneous 1990 c. 40. 
Provisions) (Scotland) Act 1990 (appointment of temporary judges of the Court 
of Session) for the words "75 years" there shall be substituted the words "70 
years". 
(2) The said paragraph 5 as amended by sub-paragraph (I) above shall be 
numbered sub-paragraph (1) and there shall be added the following sub- 
paragraph— 
"(2) Sub-paragraph (1) above is subject to section 26(4) to (6) of the 
Judicial Pensions and Retirement Act 1993 (power to authorise 
continuance in office up to the age of 75)." 
Acting judges of the High Court or Court of Appeal in Northern Ireland 
7. In section 7 of the Judicature (Northern Ireland) Act 1978, in subsection (1) 1978 c. 23. 
(which provides that certain judges and former judges may, at the request of the 
Lord Chancellor, sit as judges of the High Court or Court of Appeal in Northern 
Ireland)— 
(a) the words "at any time" shall be omitted; and 
(b) at the end, there shall be added the words "at any time on or before the 
day on which he attains the age of seventy-five." 
Circuit judges 
8.—(l) Section 17 of the Courts Act 1971 (retirement of Circuit judges) shall 1971 c. 23. 
be amended in accordance with the following provisions of this paragraph. 
(2) For subsection (1) (which requires a Circuit judge to vacate his office at the 
end of the completed year of service in which he attains the age of 72, subject to 
the possibility of extended appointment) there shall be substituted— 
68 c. 8 Judicial Pensions and Retirement Act 1993 
SCH. 6 "(1) Subject to subsection (4) below and to subsections (4) to (6) of 
section 26 of the Judicial Pensions and Retirement Act 1993 (power to 
authorise continuance in office up to the age of 75), a Circuit judge shall 
vacate his office on the day on which he attains the age of 70." 
(3) Subsection (2) (which contains power to continue a Circuit judge's 
appointment up to the age of 75 and which is superseded by section 26(4) to (6) 
of this Act) shall cease to have effect. 
(4) Subsection (3) (day on which certain persons are to be regarded as 
completing a year of service) shall cease to have effect. 
Recorders, deputy Circuit judges and assistant Recorders 
1971 c. 23. 9.—(l) In section 21 of the Courts Act 1971, in subsection (5) (Recorder not to 
hold office after the end of the completed year of service in which he attains the 
age of 72) for the words from "the end of' onwards there shall be substituted the 
words "the day on which he attains the age of seventy, but this subsection is 
subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 
(Lord Chancellor's power to authorise continuance in office up to the age of 75)." 
(2) In section 24 of that Act (deputy Circuit judges and assistant Recorders), 
after subsection (1) there shall be inserted— 
"(1A) No appointment of a person under subsection (1) above shall be 
such as to extend— 
(a) in the case of appointment as a deputy Circuit judge, beyond the 
day on which he attains the age of seventy-five; or 
(b) in the case of appointment as an assistant Recorder, beyond the 
day on which he attains the age of seventy; 
but paragraph (b) above is subject to section 26(4) to (6) of the Judicial 
Pensions and Retirement Act 1993 (Lord Chancellor's power to authorise 
continuance in office up to the age of 75)." 
Sheriffs 
1971 c. 58. 10. In the Sheriff Courts (Scotland) Act 1971, after section 5 (qualification for 
offices of sheriff principal and sheriff) there shall be inserted— 
"Retiring age for 5A.—(l) A sheriff principal or sheriff shall vacate his office 
sheriff principal on the day on which he attains the age of 70. 
and sheriff. 
(2) Subsection (1) above is subject to section 26(4) to (6) of 
the Judicial Pensions and Retirement Act 1993 (power to 
authorise continuance in office up to the age of 75)." 
Temporary sheriffs 
11. In section 11 of the Sheriff Courts (Scotland) Act 1971 (power to appoint 
temporary sheriffs principal and temporary sheriffs), after subsection (4) there 
shall be inserted the following subsections— 
"(4A) No appointment under this section of a person to be a temporary 
sheriff principal or temporary sheriff shall extend beyond the day on which 
the person reaches the age of 70. 
(4B) Subsection (4A) above is subject to section 26(4) to (6) of the 
Judicial Pensions and Retirement Act 1993 (power to authorise 
continuance in office up to the age of 75)." 
Judicial Pensions and Retirement Act 1993 c. 8 69 
County Court Judge in Northern Ireland ScM. 6 
12. In section 105 of the County Courts Act (Northern Ireland) 1959, for 1959 c. 25 (N.!.). 
subsection (4) (which requires every judge to vacate his office at the end of the 
completed year of service in which he attains the age of 72, but subject to a 
proviso for judges who would not have completed 15 years' service) there shall 
be substituted— 
"(4) Every judge shall vacate his office on the day on which he attains 
the age of seventy years; but this subsection is subject to section 26(4) to (6) 
of the Judicial Pensions and Retirement Act 1993 (Lord Chancellor's 
power to authorise continuance in office up to the age of 75)." 
Deputy judge of a county court in Northern Ireland 
13. In section 107 of the County Courts Act (Northern Ireland) 1959, for 
subsection (4) (which provides that, except in the case of a former judge, a deputy 
judge shall not hold office after the end of the completed year of service in which 
he attains the age of 72) there shall be substituted— 
"(4) Neither the initial term for which a deputy judge is appointed nor 
any extension of that term under subsection (3) shall be such as to continue 
his appointment as a deputy judge after the day on which he attains the age 
of seventy; but this subsection is subject to section 26(4) to (6) of the 
Judicial Pensions and Retirement Act 1993 (Lord Chancellor's power to 
authorise continuance in office up to the age of 75)." 
Officers of the Supreme Court 
14.—(l) Section 92 of the Supreme Court Act 1981 (tenure of office of certain 1981 c. 54. 
officers of the Supreme Court) shall be amended in accordance with the following 
provisions of this paragraph. 
(2) In subsection (1) (certain Masters, Registrars and other officers of the 
Supreme Court to vacate office at the end of the completed year of service in 
which they attain the age of 72>— 
(a) after the words "Subject to the following provisions of this section" 
there shall be inserted the words "and to subsections (4) to (6) of section 
26 of the Judicial Pensions and Retirement Act 1993 (Lord 
Chancellor's power to authorise continuance in office up to the age of 
75)"; and 
(b) for the words from "at the end" onwards there shall be substituted the 
words "on the day on which he attains the age, of seventy years." 
(3) In subsection (2B) (offices to which subsection (2A) applies) the words 
"and the office of Queen's Coroner and Attorney and Master of the Crown Office 
and Registrar of Criminal Appeals" shall be omitted. 
(4) Subsection (2C) (which makes provision for determining the day on which 
persons who successively hold offices falling within column 1 of Part I or II of 
Schedule 2 to that Act are to be regarded as completing a year of service, and 
which is of no further utility) shall cease to have effect. 
(5) After that subsection there shall be inserted— 
"(2D) Subject to the following provisions of this section, a person who 
holds an office to which this subsection applies shall vacate it on the day on 
which he attains the age of sixty-two years. 
(2E) Subsection (2D) applies to the office of Queen's Coroner and 
Attorney and Master of the Crown Office and Registrar of Criminal 
Appeals." 
(6) Subsection (3) (which contains power to continue a person's appointment 
to an office to which subsection (1) applies up to the age of 75 and which is 
superseded by section 26(4) to (6) of this Act) shall cease to have effect. 
70 c. 8 Judicial Pensions and Retirement Act 1993 
ScH. 6 (7) In subsection (4) (offices to which subsection (1) or (2A) applies to be held 
during good behaviour) for the words "or (2A)" there shall be substituted the 
words ", (2A) or (2D)". 
Deputy and temporary officers of the Supreme Court 
1981 c. 54. 15. In section 91 of the Supreme Court Act 1981, in subsection (3) (which 
permits certain appointments as a deputy or temporary officer to be made, 
notwithstanding that the person would be disqualified by age from holding the 
office in question) after paragraph (c) there shall be added— 
"but no appointment by virtue of this subsection shall be such as to extend 
beyond the day on which the person in question attains the age of seventy- 
five years." 
Deputy district judges of district registries of the High Court 
16. In section 102 of the Supreme Court Act 1981, at the end of subsection (3) 
(which permits certain appointments as a deputy district judge of a district 
registry of the High Court to be made, notwithstanding that the person would be 
disqualified by age from holding the office in question) there shall be added the 
words "; but no appointment by virtue of this subsection shall be such as to 
extend beyond the day on which the person in question attains the age of seventy- 
five years." 
District judges and deputy district judges of county courts 
1984 c. 28. 17.—(1) In section 8 of the County Courts Act 1984 (deputy district judges) 
after subsection (1) there shall be inserted— 
"(1A) Any appointment of a person as a deputy district judge— 
(a) if he has previously held office as a district judge, shall not be such 
as to extend beyond the day on which he attains the age of 75 
years; and 
(b) in any other case, shall not be such as to extend beyond the day on 
which he attains the age of 70 years, but subject to section 26(4) 
to (6) of the Judicial Pensions and Retirement Act 1993 (power to 
authorise continuance in office up to the age of 75)." 
(2) Section 11 of that Act (tenure of office of district judge etc) shall be 
amended in accordance with the following provisions of this paragraph. 
(3) For subsections (1) and (2) (which provide for a person to whom 
subsection (1) applies to vacate his office at the end of the completed year of 
service in which he attains the age of 72) there shall be substituted— 
"(1) This subsection applies to the office of district judge. 
(2) Subject to the following provisions of this section and to subsections 
(4) to (6) of section 26 of the Judicial Pensions and Retirement Act 1993 
(Lord Chancellor's power to authorise continuance in office up to the age 
of 75), a person who holds an office to which subsection (1) applies shall 
vacate his office on the day on which he attains the age of 70 years." 
(4) Subsection (3) (which confers power to continue district judges etc in office 
up to the age of 75 and which is superseded by section 26(4) to (6) of this Act) 
shall cease to have effect. 
Statutory officers in Northern Ireland 
1978 c. 23. 18. In section 71 of the Judicature (Northern Ireland) Act 1978, for subsection 
(3) (which provides that a statutory officer, within the meaning of that Act, is to 
retire at the end of the completed year of service in which he attains the age of 72, 
but subject to the substitution of a lower age, under subsection (4)) there shall be 
substituted— 
Judicial Pensions and Retirement Act 1993 c. 8 71 
"(3) Subject to subsection (4) below and to subsections (4) to (6) of ScH. 6 
section 26 of the Judicial Pensions and Retirement Act 1993 (Lord 
Chancellor's power to authorise continuance in office beyond the age of 70, 
up to the age of 75), a statutory officer shall retire on the day on which he 
attains the age of 70 years." 
Stipendiary magistrates in England and Wales 
19.—(1) Section 14 of the Justices of the Peace Act 1979 (retirement of 1979 c. 55. 
stipendiary magistrates) shall be amended in accordance with the following 
provisions of this paragraph. 
(2) At the beginning of that section there shall be inserted— 
"(1A) A stipendiary magistrate appointed after the coming into force of 
section 26 of the Judicial Pensions and Retirement Act 1993 shall vacate his 
office on the day on which he attains the age of 70." 
(3) In subsection (1) (persons appointed on or after 25th October 1968)— 
(a) after the words "25th October 1968" there shall be inserted the words 
"and before the coming into force of section 26 of the Judicial Pensions 
and Retirement Act 1993"; and 
(b) the proviso (which provides that the Lord Chancellor may authorise a 
person to continue in office up to the age of 72 and which is superseded 
by section 26(4) to (6) of this Act) shall cease to have effect. 
(4) Subsection (2) (which relates to appointments before 25th October 1968 
and which is spent) shall be omitted. 
(5) At the end of that section there shall be added— 
"(3) Subsections (1A) and (1) above are subject to section 26(4) to (6) of 
the Judicial Pensions and Retirement Act 1993 (Lord Chancellor's power 
to authorise continuance in office up to the age of 75)." 
Resident Magistrates in Northern Ireland 
20. For section 1 of the Resident Magistrates' Pensions Act (Northern Ireland) 1960 c. 2 (N.!.). 
1960 (Resident Magistrate to vacate office at the end of the completed year of 
service in which he attains the age of 70, but with power to continue in office up 
to the age of 72) there shall be substituted— 
"Retiring age of 1. Every resident magistrate (whether appointed before or 
resident after the passing of this Act) shall vacate his office on the day on magistrates. which he attains the age of seventy; but this section is subject to 
section 26(4) to (6) of the Judicial Pensions and Retirement Act 
1993 (Lord Chancellor's power to authorise continuance in 
office up to the age of 75)." 
Social security: Commissioners, and the President and chairmen of appeal 
tribunals 
21 .—(1) Paragraph 1 of Schedule 2 to the Social Security Administration Act 1992 c. 5. 
1992 (tenure of office as Commissioner, President or full-time chairman) shall be 
amended in accordance with the following provisions of this paragraph. 
(2) In sub-paragraph (2) (which requires such a person to vacate office at the 
end of the completed year of service in which he attains the age of 72) for the 
words from "at the end of' onwards there shall be substituted the words "on the 
day on which they attain the age of 70, but subject to section 26(4) to (6) of the 
Judicial Pensions and Retirement Act 1993 (power to authorise continuance in 
office up to the age of 75)." 
72 c. 8 Judicial Pensions and Retirement Act 1993 
ScH. 6 (3) Sub-paragraph (3) (which contains power to continue such a person's 
appointment up to the age of 75 and which is superseded by section 26(4) to (6) 
of this Act) shall cease to have effect. 
(4) In sub-paragraph (5) (consultation with Lord Advocate before exercising 
powers under sub-paragraph (3) or (4)) the words "(3) or" shall be omitted. 
(5) In sub-paragraph (6) (sub-paragraph (2) or (3) not to apply in relation to 
deputy Commissioners) the words "or (3)" shall be omitted. 
(6) In sub-paragraph (7) (which provides that nothing in sub-paragraph (2) or 
(4) applies to a Commissioner appointed before 23rd May 1980) the words "(2) 
or" (which are of no further practical utility) shall be omitted. 
Social security: Commissioners, and the President and chafrmen of appeal 
tribunals in Northern Ireland 
1992 c. 8. 22.—(l) Paragraph 1 of Schedule 2 to the Social Security Administration 
(Northern Ireland) Act 1992 (tenure of office as Commissioner, President or full- 
time chairman) shall be amended in accordance with the following provisions of 
this paragraph. 
(2) In sub-paragraph (2) (which requires such a person to vacate office at the 
end of the completed year of service in which he attains the age of 72) for the 
words from "at the end of' onwards there shall be substituted the words "on the 
day on which they attain the age of 70, but subject to section 26(4) to (6) of the 
Judicial Pensions and Retirement Act 1993 (power to authorise continuance in 
office up to the age of 75)." 
(3) Sub-paragraph (3) (which contains power to continue such a person's 
appointment up to the age of 75 and which is superseded by section 26(4) to (6) 
of this Act) shall cease to have effect. 
(4) In sub-paragraph (6) (sub-paragraph (2) or (3) not to apply in relation to 
deputy Commissioners) the words "or (3)" shall be omitted. 
Child support: Commissioners and chairmen of appeal tribunals 
1991 c. 48. 23.—(1) In Schedule 3 to the Child Support Act 1991 (child support appeal 
tribunals), in paragraph 4— 
(a) in sub-paragraph (3) (chairman of child support appeal tribunals to 
retire at the end of the completed year of service in which he reaches 
the age of 72) for the words from "at the end" to the end of that sub- 
paragraph there shall be substituted the words "on the date on which 
he reaches the age of 70; but this sub-paragraph is subject to section 
26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (power to 
authorise continuance in office up to the age of 75)"; and 
(b) sub-paragraph (4) (which contains power to continue a chairman's 
appointment up to the age of 75 and which is superseded by section 
26(4) to (6) of this Act) shall cease to have effect. 
(2) In Schedule 4 to that Act (Child Support Commissioners), in paragraph 
(a) in sub-paragraph (1) (Child Support Commissioner to retire at the end 
of the completed year of service in which he reaches the age of 72) for 
the words from "at the end" to the end of that sub-paragraph there 
shall be substituted the words "on the date on which he reaches the age 
of 70; but this sub-paragraph is subject to section 26(4) to (6) of the 
Judicial Pensions and Retirement Act 1993 (power to authorise 
continuance in office up to the age of 75)"; and 
(b) sub-paragraph (2) (which contains power to continue a Commissioner's 
appointment up to the age of 75 and which is superseded by section 
26(4) to (6) of this Act) shall cease to have effect. 
Judicial Pensions and Retirement Act 1993 c. 8 73 
(3) In paragraph 4 of that Schedule (deputy Child Support Commissioners) at SCH. 6 
the beginning of paragraph (b) of sub-paragraph (2) there shall be inserted the 
words "Subject to sub-paragraph (2A)", and after that sub-paragraph there shall 
be inserted— 
"(2A) No appointment of a person to be a deputy Child Support 
Commissioner shall be such as to extend beyond the date on which he 
reaches the age of 70; but this sub-paragraph is subject to section 26(4) to 
(6) of the Judicial Pensions and Retirement Act 1993 (power to authorise 
continuance in office up to the age of 75)." 
(4) In paragraph 7 of that Schedule (Lord Chancellor to consult the Lord 
Advocate before exercising certain powers under the Schedule) for the words 
"paragraph 1(2) or (3)" there shall be substituted the words "paragraph 1(3)". 
Chairmen of child support appeal tribunals in Northern Ireland 
24. In Schedule 3 to the Child Support (Northern Ireland) Order 1991 (child S.I. 1991/2628 
support appeal tribunals), in paragraph 4— (N.!. 23). 
(a) in sub-paragraph (3) (chairman of child support appeal tribunals to 
retire at the end of the completed year of service in which he reaches 
the age of 72) for the words from "at the end" to the end of that sub- 
paragraph there shall be substituted the words "on the date on which 
he reaches the age of 70; but this sub-paragraph is subject to section 
26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (power to 
authorise continuance in office up to the age of 75)"; and 
(b) sub-paragraph (4) (which contains power to continue such a chairman's 
appointment up to the age of 75 and which is superseded by section 
26(4) to (6) of this Act) shall cease to have effect. 
Chairman of the Foreign Compensation Commission 
25. In section 1 of the Foreign Compensation Act 1950 (constitution of the 1950 c. 12. 
Foreign Compensation Commission), at the beginning of subsection (3) there 
shall be inserted the words "Subject, in the case of the chairman, to subsection 
(3A) of this section," and after that subsection there shall be inserted— 
"(3A) The chairman of the Commission shall vacate his office on the day 
on which he attains the age of seventy years; but this subsection is subject 
to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 
(power to authorise continuance in office up to the age of seventy-five 
years)." 
Commons Commissioners 
26. In section 17 of the Commons Registration Act 1965 (which includes 1965 c. 64. 
provision for the appointment of Commons Commissioners) after subsection (1) 
there shall be inserted— 
"(1A) A Commons Commissioner shall vacate his office on the day on 
which he attains the age of seventy years; but this subsection is subject to 
section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 
(power of Lord Chancellor to authorise continuance in office up to the age 
of seventy-five years)." 
President and chairmen of industrial tribunals 
27.—(1) The Industrial Tribunals (England and Wales) Regulations 1965 shall S.I. 1965/1101. 
be amended in accordance with sub-paragraphs (2) and (3) below. 
(2) For regulation 3(2) (which requires the President of Industrial Tribunals 
(England and Wales) to vacate office at the end of the completed year of service 
in which he attains the age of 72) there shall be substituted— 
74 c. 8 Judicial Pensions and Retirement Act 1993 
SCH. 6 "(2) The President shall vacate his office on the day on which he attains 
the age of seventy years, but subject to section 26(4) to (6) of the Judicial 
Pensions and Retirement Act 1993 (Lord Chancellor's power to authorise 
continuance in office up to the age of 75)." 
(3) In regulation 5, at the beginning of paragraph (5) (terms of membership of 
panels) there shall be inserted the words "Subject to paragraph (6)" and after 
that paragraph there shall be inserted— 
"(6) A member of a panel of chairmen appointed under paragraph (2) 
shall vacate his office on the day on which he attains the age of seventy 
years, but subject to section 26(4) to (6) of the Judicial Pensions and 
Retirement Act 1993 (Lord Chancellor's power to authorise continuance 
in office up to the age of 75)." 
S.!. 1965/1157. (4) The Industrial Tribunals (Scotland) Regulations 1965 shall be amended in 
accordance with sub-paragraphs (5) and (6) below. 
(5) For regulation 3(2) (which requires the President of Industrial Tribunals 
(Scotland) to vacate office at the end of the completed year of service in which he 
attains the age of 72) there shall be substituted— 
"(2) The President shall vacate office on the day on which he attains the 
age of seventy years, but subject to section 26(4) to (6) of the Judicial 
Pensions and Retirement Act 1993 (power to authorise continuance in 
office up to the age of 75)." 
(6) In regulation 5, at the beginning of paragraph (5) (terms of membership of 
panels) there shall be inserted the words "Subject to paragraph (6)" and after 
that paragraph there shall be inserted— 
"(6) A member of a panel of chairmen appointed under paragraph (2) 
shall vacate his office on the day on which he attains the age of seventy 
years, but subject to section 26(4) to (6) of the Judicial Pensions and 
Retirement Act 1993 (power to authorise continuance in office up to the age 
of 75)." 
President, Vice-President and chairmen of industrial tribunals and of the Fair 
Employment Tribunal 
1989 c. 32. 28.—(1) In subsection (3) of section 3 of the Fair Employment (Northern 
Ireland) Act 1989 (which requires the President and Vice President of the 
Industrial Tribunals and the Fair Employment Tribunal each to vacate his office 
at the end of the completed year of service in which he attains the age of 72), for 
the words from "at the end of' onwards there shall be substituted the words "on 
the day on which he attains the age of 70, but subject to subsection (4) below and 
subsections (4) to (6) of section 26 of the Judicial Pensions and Retirement Act 
1993 (power to authorise continuance in office up to the age of 75)". 
S.R. & 0. (N.!.) (2) In regulation 3 of the Industrial Tribunals Regulations (Northern Ireland) 
1965 No. 112. 1965 (membership of tribunals), at the beginning of paragraph (5) there shall be 
inserted the words "Subject to paragraph (6)" and after that paragraph there 
shall be inserted— 
"(6) A member of a panel of chairmen appointed under paragraph (2) 
shall vacate his office on the day on which he attains the age of seventy 
years, but subject to section 26(4) to (6) of the Judicial Pensions and 
Retirement Act 1993 (Lord Chancellor's power to authorise continuance 
in office up to the age of 75)." 
Judicial Pensions and Retirement Act 1993 c. 8 75 
President of the Industrial Court in Northern Ireland ScH. 6 
29. In Article 91 of the Industrial Relations (Northern Ireland) Order 1992, at S.!. 1992/807 
the beginning of paragraph (3) (terms of appointment of president and other (N.I. 5). 
members of the Industrial Court) there shall be inserted the words "Subject, in 
the case of the president, to paragraph (3A)," and after that paragraph there shall 
be inserted— 
"(3A) The president shall vacate his office on the day on which he attains 
the age of 70; but this paragraph is subject to section 26(4) to (6) of the 
Judicial Pensions and Retirement Act 1993." 
Members of the Employment Appeal Tribunal 
30. In Schedule 11 to the Employment Protection (Consolidation) Act 1978 1978 c. 44. 
(which includes provision concerning the tenure of office of those members of the 
Employment Appeal Tribunal who are appointed under section 1 35(2)(c) of that 
Act), in paragraph 2 (which provides that such a member may by notice resign 
his membership), after the word "member" there shall be inserted "(a)", and at 
the end of that paragraph there shall be inserted "; and 
(b) shall vacate his office on the day on which he attains the age of 70; 
but paragraph (b) is subject to section 26(4) to (6) of the Judicial Pensions 
and Retirement Act 1993 (power to authorise continuance in office up to 
the age of 75)." 
The Lands Tribunal and the Lands Tribunalfor Scotland 
31. In section 2 of the Lands Tribunal Act 1949, after subsection (5) (terms of 1949 c. 42. 
appointment to membership of the Tribunal) there shall be inserted— 
"(5A) No person shall be appointed a member of the Tribunal for a term 
which extends beyond the day on which he attains the age of seventy, except 
in accordance with section 26(4) to (6) of the Judicial Pensions and 
Retirement Act 1993 (power to authorise continuance in office up to the age 
of 75)." 
The Lands Tribunalfor Northern Ireland 
32. In section 2 of the Lands Tribunal and Compensation Act (Northern 1964 c. 29 (N.!.). 
Ireland) 1964, for paragraph (b) of subsection (2) (which requires a member to 
vacate his office at the end of the completed year of service in the course of which 
he attains the age of 72) there shall be substituted— 
"(b) shall vacate his office on the day on which he attains the age of 
seventy years, but subject to section 26(4) to (6) of the Judicial 
Pensions and Retirement Act 1993 (Lord Chancellor's power to 
authorise continuance in office up to the age of 75); and". 
Judge Advocate of Her Majesty's Fleet 
33. In section 28 of the Courts-Martial (Appeals) Act 1951, in subsection (3) 1951 c. 46. 
(Judge Advocate of the Fleet to vacate office at the end of the completed year of 
service in which he attains the age of 70, with a proviso for continuance in office 
up to the age of 72)— 
(a) for the words from "at the end" to "seventy years" there shall be 
substituted the words "on the day on which he attains the age of 
seventy years, but subject to section 26(4) to (6) of the Judicial Pensions 
and Retirement Act 1993 (power to authorise continuance in office up 
to the age of 75)"; and 
(b) the proviso (which is superseded by section 26(4) to (6) of this Act) shall 
cease to have effect. 
76 c. 8 Judicial Pensions and Retirement Act 1993 
ScH. 6 Judge Advocate General and related offices 
34. In subsection (2) of section 32 of that Act (which makes similar provision 
for the Judge Advocate General and also provides for certain other judicial 
officers to vacate office at the end of the completed year of service in which they 
attain the age of 65, but with a proviso for continuance in office up to the age of 
70>— 
(a) after the words "The Judge Advocate General shall" there shall be 
inserted the words ", subject to section 26(4) to (6) of the Judicial 
Pensions and Retirement Act 1993 (power to authorise continuance in 
office up to the age of 75),"; 
(b) for the words "at the end of the completed year of service in the course 
of which", in both places where they occur, there shall be substituted 
the words "on the day on which"; and 
(c) the proviso (which in relation to the Judge Advocate General is 
superseded by section 26(4) to (6) of this Act) shall cease to have effect. 
Value added tax tribunals 
1983 c. 55. 35.—(1) In Schedule 8 to the Value Added Tax Act 1983, in paragraph 3, for 
sub-paragraphs (1) and (1A) (President of Value Added Tax Tribunals to vacate 
office at the end of the completed year of service in which he attains the age of 72, 
but with power to continue his appointment up to the age of 75) there shall be 
substituted— 
"(1) The President— 
(a) may resign his office at any time; and 
(b) shall vacate his office on the day on which he attains the age of 70; 
but paragraph (b) above is subject to section 26(4) to (6) of the Judicial 
Pensions and Retirement Act 1993 (power to authorise continuance in 
office up to the age of 75)." 
(2) In paragraph 7 of that Schedule, for sub-paragraphs (3C) and (3D) (which 
make similar provision in relation to a chairman of value added tax tribunals) 
there shall be substituted— 
"(3C) A chairman of value added tax tribunals— 
(a) may resign his office at any time; and 
(b) shall vacate his office on the day on which he attains the age of 70; 
but paragraph (b) above is subject to section 26(4) to (6) of the Judicial 
Pensions and Retirement Act 1993 (power to authorise continuance in 
office up to the age of 75)." 
Special, and deputy Special, Commissioners for Income Tax 
1970 c. 9. 36.—(l) In section 4 of the Taxes Management Act 1970 (Special 
Commissioners) after subsection (3) there shall be inserted— 
"(3A) A Special Commissioner— 
(a) may resign his office at any time; and 
(b) shall vacate his office on the day on which he attains the age of 
seventy years; 
but paragraph (b) above is subject to section 26(4) to (6) of the Judicial 
Pensions and Retirement Act 1993 (power to authorise continuance in 
office up to the age of 75)." 
(2) In section 4A of that Act, at the end of subsection (2) (which provides that 
a person shall not be qualified for appointment as a deputy Special 
Commissioner unless he is qualified for appointment as a Special Commissioner) 
there shall be added the words "(and, accordingly, no appointment of a person 
Judicial Pensions and Retirement Act 1993 c. 8 77 
as a deputy Special Commissioner shall be such as to extend beyond ic day on ScH. 6 
which he attains the age of seventy years, but subject to section t.i (6) of the 
Judicial Pensions and Retirement Act 1993)". 
President or other member of the Immigration Appeal Tribunal 
37. In Part II of Schedule 5 to the Immigration Act 1971 (the Immigration 1971 c. 77. 
Appeal Tribunal) in paragraph 8 (terms of appointment) at the beginning of sub- 
paragraph (1) there shall be inserted the words "Subject to the following 
provisions of this paragraph" and at the end of that paragraph there shall be 
added— 
"(3) A member of the Tribunal shall vacate his office on the day on 
which he attains the age of seventy, but subject to section 26(4) to (6) of the 
Judicial Pensions and Retirement Act 1993 (power to authorise 
continuance in office up to the age of 75)." 
Immigration adjudicators 
38. In Part I of Schedule 5 to the Immigration Act 1971 (immigration 
adjudicators) in paragraph 2 (terms of appointment) at the beginning of sub- 
paragraph (1) there shall be inserted the words "Subject to the following 
provisions of this paragraph" and at the end of that paragraph there shall be 
added— 
"(3) An adjudicator shall vacate his office on the day on which he attains 
the age of seventy, but subject to section 26(4) to (6) of the Judicial Pensions 
and Retirement Act 1993 (power to authorise continuance in office up to 
the age of 75)." 
Pensions Appeal Tribunals 
39. In the Schedule to the Pensions Appeal Tribunals Act 1943, for paragraph 1943 c. 39. 
2 (appointment, remuneration and removal of members) there shall be 
substituted— 
"2.—(l) The members of the Tribunals shall be appointed by the Lord 
Chancellor. 
(2) There shall be paid to them such remuneration as the Treasury may 
determine. 
(3) The Lord Chancellor may, if he thinks fit, remove any member of 
such a Tribunal. 
(4) Subject to sub-paragraph (3) above and to subsections (4) to (6) of 
section 26 of the Judicial Pensions and Retirement Act 1993 (power to 
authonse continuance in office up to the age of 75), a member of such a 
Tribunal shall vacate his office on the day on which he attains the age of 
seventy years." 
Mental Health Review Tribunals 
40. In Schedule 2 to the Mental Health Act 1983 (which makes provision with 1983 c. 20. 
respect to Mental Health Review Tribunals), at the beginning of paragraph 2 
there shall be inserted the words "Subject to paragraph 2A below," and after that 
paragraph there shall be inserted— 
"2A. A member of a Mental Health Review Tribunal shall vacate office 
on the day on which he attains the age of 70 years; but this paragraph is 
subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 
1993 (power to authonse continuance in office up to the age of 75 years)." 
78 c. 8 Judicial Pensions and Retirement Act 1993 
SCH. 6 The Financial Services Tribunal 
1986 c. 60. 41. In Schedule 6 to the Financial Services Act 1986, in paragraph 1 (which 
includes provision concerning the term of office of persons appointed to the panel 
from which persons are nominated to serve on the Financial Services Tribunal) 
at the beginning of sub-paragraph (1) there shall be inserted the words "Subject 
to the following provisions of this paragraph," and after sub-paragraph (2) there 
shall be added— 
"(3) A member of the panel appointed by the Lord Chancellor shall 
vacate his office on the day on which he attains the age of seventy years; but 
this sub-paragraph is subject to section 26(4) to (6) of the Judicial Pensions 
and Retirement Act 1993 (power to authorise continuance in office up to 
the age of seventy-five years)." 
Tribunals and advisory bodies under the Misuse of Drugs Act 1971 
1971 c. 38. 42.—(1) Schedule 3 to the Misuse of Drugs Act 1971 (which includes provision 
in relation to tribunals and advisory bodies established for the purposes of 
sections 14 and 15 of that Act) shall be amended in accordance with this 
paragraph. 
(2) In paragraph 1 (membership of tribunals) after sub-paragraph (2) there 
shall be inserted— 
"(2A) The chairman of a tribunal shall vacate his office on the day on 
which he attains the age of seventy years; but this sub-paragraph is subject 
to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 
(power to authorise continuance in office up to the age of seventy-five 
years)." 
(3) In paragraph 13 (membership of advisory bodies) after sub-paragraph (1) 
there shall be inserted— 
"(1A) The chairman of an advisory body shall vacate his office on the 
day on which he attains the age of seventy years; but this sub-paragraph is 
subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 
1993 (power to authorise continuance in office up to the age of seventy-five 
years)." 
Restrictive Practices Court 
1976 c. 33. 43.—(1) In section 3 of the Restrictive Practices Court Act 1976 (appointed 
members of the Restrictive Practices Court), in subsection (2)— 
(a) at the beginning, there shall be inserted the words "Subject to subsection 
(2A) below,"; and 
(b) the words "(not less than three years)" shall cease to have effect. 
(2) After that subsection there shall be inserted— 
"(2A) No appointment of a person to be an appointed member shall be 
such as to extend beyond the day on which he attains the age of seventy 
years; but this subsection is subject to section 26(4) to (6) of the Judicial 
Pensions and Retirement Act 1993 (power to authorise continuance in 
office up to the age of seventy-five years);". 
Tribunals constituted under section 706 of the Income and Corporation Taxes 
Act 1988 
1988 c. 1. 44. Section 706 of the Income and Corporation Taxes Act 1988 (appointment 
of a tribunal to hear appeals in connection with the cancellation of tax 
advantages from certain transactions in securities) shall be numbered as 
subsection (1) of that section, and at the end of that section there shall be added— 
Judicial Pensions and Retirement Act 1993 c. 8 79 
"(2) A person appointed as chairman or other member of the tribunal ScH. 6 
shall vacate his office on the day on which he attains the age of 70; but this 
subsection is subject to section 26(4) to (6) of the Judicial Pensions and 
Retirement Act 1993 (power to authorise continuance in office up to the age 
of 75)." 
Arbitrator appointed under the Agricultural Holdings Act 1986 
45. In Schedule 11 to the Agricultural Holdings Act 1986 (which makes 1986 c. 5. 
provision in relation to the determination by arbitration of matters arising under 
that Act), after sub-paragraph (5) of paragraph 1 there shall be added— 
"(6) A member of the panel constituted for the purposes of this Schedule 
shall vacate his office on the day on which he attains the age of seventy 
years; but this sub-paragraph is subject to section 26(4) to (6) of the Judicial 
Pensions and Retirement Act 1993 (power to authorise continuance in 
office up to the age of seventy-five years)." 
Agricultural Land Tribunals 
46.—(1) Schedule 9 to the Agriculture Act 1947 (constitution etc of 1947 c. 48. 
Agricultural Land Tribunals) shall be amended in accordance with this 
paragraph. 
(2) In paragraph 13 (which relates to the chairmen of such Tribunals), in sub- 
paragraph (2)— 
(a) at the beginning there shall be inserted the words "Subject to sub- 
paragraph (2A) of this paragraph,"; and 
(b) for the words "three years" there shall be substituted "such period as 
may be specified in the terms of his appointment". 
(3) After that sub-paragraph there shall be inserted— 
"(2A) No appointment of a person to be the chairman shall be such as 
to extend beyond the day on which he attains the age of seventy years; but 
this sub-paragraph is subject to section 26(4) to (6) of the Judicial Pensions 
and Retirement Act 1993 (power to authorise continuance in office up to 
the age of seventy-five years)." 
(4) Paragraph 14 (which provides for there to be a panel of deputy-chairmen 
for each such Tribunal) shall be numbered as sub-paragraph (1) of that 
paragraph, and at the end of that paragraph there shall be added— 
"(2) A member of the panel of deputy-chairmen shall vacate his office 
on the day on which he attains the age of seventy years; but this sub- 
paragraph is subject to section 26(4) to (6) of the Judicial Pensions and 
Retirement Act 1993 (power to authonse continuance in office up to the age 
of seventy-five years)." 
(5) In paragraph 15 (which provides for there to be panels of persons 
representing farmers' and landowners' interests), after sub-paragraph (1) there 
shall be inserted— 
"(1 A) A member of either of the panels drawn up under sub-paragraph 
(1) of this paragraph shall vacate his office on the day on which he attains 
the age of seventy years; but this sub-paragraph is subject to section 26(4) 
to (6) of the Judicial Pensions and Retirement Act 1993 (power to authonse 
continuance in office up to the age of seventy-five years)." 
80 c. 8 Judicial Pensions and Retirement Act 1993 
SCH. 6 The Aircraft and Shipbuilding Industries Arbitration Tribunal 
1977 c.3. 47. In section 42 of the Aircraft and Shipbuilding Industries Act 1977, at the 
beginning of subsection (5) (which makes provision in relation to the terms of 
appointment of the members of the Aircraft and Shipbuilding Industries 
Arbitration Tribunal) there shall be inserted the words "Subject to subsection 
(5A) below," and after that subsection there shall be inserted— 
"(5A) No appointment of a person to be the president of the arbitration 
tribunal shall be such as to extend beyond the day on which he attains the 
age of 70; but this subsection is subject to section 26(4) to (6) of the Judicial 
Pensions and Retirement Act 1993 (power to authorise continuance in 
office up to the age of 75)." 
Chairman of a tribunal established by section 29 of the Betting, Gaming and 
Lotteries Act 1963 
1963 c. 2. 48. In section 29 of the Betting, Gaming and Lotteries Act 1963 (appointment 
of a tribunal to hear appeals concerning bookmakers' levy) at the end of 
subsection (2) there shall be added the words ", but subject, in the case of the 
chairman, to subsection (2A) of this section", and after that subsection there 
shall be inserted— 
"(2A) The chairman of any such tribunal shall vacate his office on the 
day on which he attains the age of seventy years; but this subsection is 
subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 
1993 (power to authorise continuance in office up to the age of seventy-five 
years)." 
The Copyright Tribunal 
1988 c. 48. 49. In section 146 of the Copyright, Designs and Patents Act 1988 
(membership of the Copyright Tribunal) after subsection (3) there shall be 
inserted— 
"(3A) A person who is the chairman or a deputy chairman of the 
Tribunal shall vacate his office on the day on which he attains the age of 
70 years; but this subsection is subject to section 26(4) to (6) of the Judicial 
Pensions and Retirement Act 1993 (power to authorise continuance in 
office up to the age of 75 years)." 
The Data Protection Tribunal 
1984 c. 35. 50. In Schedule 2 to the Data Protection Act 1984, in paragraph 8 (tenure of 
office of members of the Data Protection Tribunal), at the beginning of sub- 
paragraph (1) there shall be inserted the words "Subject to the following 
provisions of this paragraph," and at the end of that paragraph there shall be 
added— 
"(3) A person who is the chairman or a deputy chairman of the Tribunal 
shall vacate his office on the day on which he attains the age of seventy 
years; but this sub-paragraph is subject to section 26(4) to (6) of the Judicial 
Pensions and Retirement Act 1993 (power to authorise continuance in 
office up to the age of seventy-five years)." 
Independent Schools Tribunals 
1944 c. 31. 51. In Schedule 6 to the Education Act 1944 (constitution etc of Independent 
Schools Tribunals) at the beginning of paragraph 3 there shall be inserted the 
words "Subject, in the case of a member of the legal panel, to paragraph 3A 
below," and after that paragraph there shall be inserted— 
Judicial Pensions and Retirement Act 1993 c. 8 81 
"3A. No appointment of a person to be a member of the legal panel shall ScM. 6 
be such as to extend beyond the day on which he attains the age of seventy 
years; but this paragraph is subject to section 26(4) to (6) of the Judicial 
Pensions and Retirement Act 1993 (power to authorise continuance in 
office up to the age of seventy-five years)." 
President of a tribunal constituted under Schedule 3 to the Industry Act 1975 
52.—(l) In Schedule 3 to the Industry Act 1975, paragraph 6 (terms of 1975 c. 68. 
appointment of members of a tribunal established to arbitrate in a dispute arising 
under that Act) shall be numbered as sub-paragraph (1) of that paragraph. 
(2) At the beginning of that sub-paragraph there shall be inserted the words 
"Subject, in the case of the president of a tribunal, to sub-paragraph (2) below", 
and after that sub-paragraph there shall be added— 
"(2) No appointment of a person to be the president of a tribunal shall 
be such as to extend beyond the day on which he attains the age of 70 years; 
but this paragraph is subject to section 26(4) to (6) of the Judicial Pensions 
and Retirement Act 1993 (power to authorise continuance in office up to 
the age of 75 years)." 
Tribunal constituted under Schedule 9 to the National Health Service Act 1977 
53. In regulation 26 of the National Health Service (Service Committees and Si. 1974/455. 
Tribunal) Regulations 1974 (tenure of office of chairman of Tribunal constituted 
under section 46 of the National Health Service Act 1977) at the beginning of 1977 c. 49. 
paragraph (1) there shall be inserted the words "Subject to paragraph (1A)," and 
after that paragraph there shall be inserted— 
"(1A) The chairman shall vacate his office on the day on which he 
attains the age of 70; but this paragraph is subject to section 26(4) to (6) of 
the Judicial Pensions and Retirement Act 1993 (power to authorise 
continuance in office up to the age of 75)." 
Chairman of the Plant Varieties and Seeds Tribunal 
54. In paragraph 1 of Schedule 4 to the Plant Varieties and Seeds Act 1964, 1964 c. 14. 
at the beginning of sub-paragraph (2) (tenure of office of chairman of the Plant 
Varieties and Seeds Tribunal) there shall be inserted the words "Subject to sub- 
paragraph (2A) of this paragraph," and after that sub-paragraph there shall be 
inserted— 
"(2A) No appointment of a person to be the chairman of the Tribunal 
shall be such as to extend beyond the day on which he attains the age of 
70; but this sub-paragraph is subject to section 26(4) to (6) of the Judicial 
Pensions and Retirement Act 1993 (power to authorise continuance in 
office up to the age of 75)." 
Chairman of a Registered Homes Tribunal 
55. In section 40 of the Registered Homes Act 1984, at the beginning of 1984 c. 23. 
subsection (6) (terms of appointment of persons to the panels of chairmen and 
other members of Registered Homes Tribunals), there shall be inserted the words 
"Subject, in the case of a person appointed to the legal panel, to subsection (7) 
below," and after that subsection there shall be adtcd— 
"(7) No appointment of a person to the legal panel shall be such as to 
extend beyond the day on which he attains the age of seventy years; but this 
subsection is subject to section 26(4) to (6) of the Judicial Pensions and 
Retirement Act 1993 (power to authorise continuance in office up to the age 
of seventy-five 
82 c. 8 Judicial Pensions and Retirement Act 1993 
SCH. 6 Rent Assessment Committees 
1977 c. 42. 56. In Schedule 10 to the Rent Act 1977, after paragraph 2 (appointment by 
Lord Chancellor or Secretary of State of persons to constitute the panels from 
which the members of rent assessment committees are selected) there shall be 
inserted— 
"2A. No appointment of a person to any panel by the Lord Chancellor 
shall be such as to extend beyond the day on which the person attains the 
age of seventy years; but this sub-paragraph is subject to section 26(4) to 
(6) of the Judicial Pensions and Retirement Act 1993 (Lord Chancellor's 
power to authorise continuance in office up to the age of seventy-five 
years)." 
The Transport Tribunal 
1985 c. 67. 57.—(1) Paragraph 3 of Schedule 4 to the Transport Act 1985 (tenure of office 
of judicial members) shall be amended in accordance with the following 
provisions of this paragraph. 
(2) In sub-paragraph (1) (judicial member to hold office until the end of the 
completed year of service in which he attains the age of 72 and then retire)— 
(a) after the words "Subject to the following provisions of this paragraph" 
there shall be inserted the words "and to subsections (4) to (6) of section 
26 of the Judicial Pensions and Retirement Act 1993 (power to 
authorise continuance in office up to the age of seventy-five)"; and 
(b) for the words "the end of the completed year of service in which he 
attains the age of seventy-two" there shall be substituted the words "the 
day on which he attains the age of seventy". 
(3) Sub-paragraph (2) (which contains power to continue the member's 
appointment up to the age of 75 and which is superseded by section 26(4) to (6) 
of this Act) shall cease to have effect. 
Tribunal established under section 9 of the Wireless Telegraphy Act 1949 
1949 c. 54. 58. In Schedule 2 to the Wireless Telegraphy Act 1949, in paragraph 1 (period 
for which members of the appeal tribunal established under section 9 of that Act 
are to hold office) after sub-paragraph (1) there shall be inserted— 
"(1A) No appointment of a person to be the president of the appeal 
tribunal shall be such as to extend beyond the day on which he attains the 
age of seventy years; but this sub-paragraph is subject to section 26(4) to 
(6) of the Judicial Pensions and Retirement Act 1993 (power to authorise 
continuance in office up to the age of seventy-five years). 
(1 B) No person shall be appointed after the day on which he attains the 
age of seventy years to act as one of the additional members of the appeal 
tribunal under subsection (5) of section 9 of this Act." 
Wreck commissioner 
1970 c. 36. 59. In section 82 of the Merchant Shipping Act 1970 (appointment of wreck 
commissioners) after subsection (1) there shall be inserted— 
"(1A) A wreck commissioner shall vacate his office on the day on which 
he attains the age of seventy years; but this subsection is subject to section 
26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (power to 
authorise continuance in office up to the age of seventy-five years)." 
Judicial Pensions and Retirement Act 1993 c. 8 83 
Chairman of a Reinstatement Committee ScH. 6 
60. In Schedule 2 to the Reserve Forces (Safeguard of Employment) Act 1985, 1985 c. 17. 
paragraph 2 (composition of Reinstatement Committees) shall be numbered as 
sub-paragraph (1) of that paragraph and at the end of that paragraph there shall 
be added— 
"(2) A member of the panel of persons referred to in sub-paragraph 
(1 )(a) shall vacate his office on the day on which he attains the age of 
seventy years; but this sub-paragraph is subject to section 26(4) to (6) of the 
Judicial Pensions and Retirement Act 1993 (power to authorise 
continuance in office up to the age of seventy-five years)." 
Tribunals constituted for the purposes of section 150(4) of the Mines and 
Quarries Act 1954 
61. In Schedule 3 to the Mines and Quarries Act 1954, at the end of paragraph 1954 c. 70. 
1 (constitution of tribunals to inquire into whether a certificate of competency 
granted under that Act should be withdrawn or suspended) there shall be added 
the words "; but no person shall be appointed— 
(a) as the person, or one of the persons, constituting such a tribunal, 
or 
(b) as an assessor to assist any such tribunal, 
after the day on which he attains the age of seventy years." 
Courts of inquiry under section 52 of the Merchant Shipping Act 1970 
62. In rule 5 of the Merchant Shipping (Section 52 Inquiries) Rules 1982 S.I. 1982/1752. 
(appointment of courts of inquiry for the purposes of section 52 of the Merchant 1970 c. 36. 
Shipping Act 1970) after paragraph (3) there shall be added— 
"(4) A person shall not be appointed after the day on which he attains 
the age of 70 to assist with a section 52 inquiry as an assessor." 
Chairman of a vaccine damage tribunal in Northern Ireland 
63. In regulation 7 of the Vaccine Damage Payments Regulations 1979 S.I. 1979/432. 
(constitution etc of vaccine damage tribunals), in paragraph (1 B), at the end of 
sub-paragraph (a) (which provides for the chairman of a vaccine damage 
tribunal in Northern Ireland to be appointed by the Secretary of State) there shall 
be added the words "but no person shall be so appointed after the day on which 
he attains the age of 70". 
Chairman of a tribunal constituted under section 47 of the Building Societies Act 
1986 
64. In section 47 of the Building Societies Act 1986 (tribunals to hear appeals 1986 c. 53. 
against certain decisions of the Building Societies Commission) after subsection 
(3) there shall be inserted— 
"(3A) A person shall not be appointed after the day on which he attains 
the age of 70 to be the chairman of a tribunal under this section." 
Chairman of a tribunal constituted under section 28 of the Banking Act 1987 
65. In section 28 of the Banking Act 1987 (tribunals to hear appeals against 1987 c. 22. 
certain decisions of the Bank of England), after subsection (3) there shall be 
inserted— 
"(3A) A person shall not be appointed after the day on which he attains 
the age of 70 to be the chairman of a tribunal under this section." 
84 c. 8 Judicial Pensions and Retirement Act 1993 
ScH. 6 Arbitrators appointed under Schedule 10 to the Electricity Act 1989 
1989 c. 29. 66. In paragraph 9 of Schedule 10 to the Electricity Act 1989, after sub- 
paragraph (2) (appointment of arbitrator etc to determine third parties' claims 
for compensation arising out of certain transfers of property etc) there shall be 
added— 
"(3) A person shall not be appointed after the day on which he attains 
the age of 70 to be an arbitrator or arbiter under sub-paragraph (2) above." 
Chairman of a tribunal constituted under Schedule 3 to the Education (Schools) 
Act 1992 
1992c. 38. 67. In Schedule 3 to the Education (Schools) Act 1992 (tribunals to hear 
appeals in relation to the registration of school inspectors), at the end of 
paragraph 1 there shall be added— 
"(3) A person shall not be appointed after the day on which he attains 
the age of 70 to be the Chairman of a tribunal." 
Chairman of a tribunal constituted under section 59 of the Friendly Societies Act 
1992 
1992 c. 40. 68. In section 59 of the Friendly Societies Act 1992 (tribunal to hear appeals 
against certain decisions of the Friendly Societies Commission), after subsection 
(3) there shall be inserted— 
"(3A) A person shall not be appointed after the day on which he attains 
the age of 70 to be the chairman of a tribunal under this section." 
Section 26. SCHEDULE 7 
RETIREMENT DATES: TRANSITIONAL PROVISIONS 
Interpretation 
l.—(l) In this Schedule— 
"potential retirement date", in relation to any office, shall be construed in 
accordance with paragraph 5 below; 
"re-appointment" to an office includes extension of a subsisting 
appointment to the office, otherwise than by the exercise of a 
continuation power. 
(2) For the purposes of this Schedule, a person's office— 
(a) is "salaried" if and so long as his service in the office is remunerated by 
payment of a salary; and 
(b) is if and so long as his service in the office is remunerated by 
the payment of fees; 
and any reference in this Schedule to a person's being "salaried" or "fee-paid" 
shall be construed accordingly. 
(3) Subsection (3) of section 26 of this Act applies for the purposes of this 
Schedule as it applies for the purposes of that section. 
(4) Expressions used in this Schedule and in section 26 of this Act have the 
same meaning in this Schedule as they have in that section. 
(5) This Schedule is without prejudice to subsections (4) to (6) of section 26 of 
this Act, but is subject to subsection (7) of that section and to section 27 of this 
Act. 
Judicial Pensions and Retirement Act 1993 c. 8 85 
Salaried offices ScH. 7 
2.—(l) This paragraph applies to any person who for the time being holds, or 
who is seeking appointment or re-appointment to, a salaried relevant office (in 
this paragraph referred to as his "post-commencement office"), if— 
(a) immediately before the appointed day, he was holding that or any other 
salaried relevant office (in this paragraph referred to as his "pre- 
commencement office"); 
(b) he has at all times on and after that day held some one or other salaried 
relevant office (whether the same office or not); and 
(c) his potential retirement date by reference to his 
office falls later than the date that would, apart from this paragraph, be 
the compulsory retirement date for the post-commencement office in 
his case. 
(2) If and so long as this paragraph applies to a person— 
(a) nothing in section 26 of, and no amendment made by Schedule 6 to, this 
Act shall— 
(i) require him to vacate his post-commencement office before his 
potential retirement date by reference to his pre-commencement 
office; or 
(ii) affect his eligibility for appointment or re-appointment to the 
post-commencement office; and 
(b) that potential retirement date shall be taken for the purposes of section 
26 of this Act (and, accordingly, of this Schedule) to be the compulsory 
retirement date for the post-commencement office in his case. 
(3) If a person has two or more pre-commencement offices (so that he would, 
apart from this sub-paragraph, have two or more potential retirement dates) his 
potential retirement date for the purposes of this paragraph— 
(a) shall be determined by reference only to that one of his pre- 
commencement offices to which he was first appointed, or 
(b) shall be such later date, falling on or before the day on which he attains 
the age of 75, as may be agreed in writing by him and the appropriate 
Minister, determined by reference to that pre-commencement office; 
and any reference in this Schedule to the person's potential retirement date by 
reference to his pre-commencement office shall be construed accordingly. 
(4) If immediately before the appointed day— 
(a) a person who holds a salaried relevant office ("office A") also holds 
another relevant office ("office B"), but 
(b) in consequence of holding office A, he is either— 
(i) unremunerated in respect of his service in office B, or 
(ii) remunerated by payment of a supplement, in respect of that 
service, to the salary payable in respect of his service in office A, 
then, in determining for the purposes of sub-paragraph (3) above the number of 
pre-commencement offices which that person has, and to which of them he was 
first appointed, he shall be taken to hold office B at that time as a salaried relevant 
office and to have been so holding it at all previous times when the conditions in 
paragraphs (a) and (b) above were fulfilled. 
Fee-paid offices 
3.—(l) This paragraph applies to any person who for the time being holds, or 
who is seeking re-appointment to, a fee-paid relevant office, if— 
(a) immediately before the appointed day, he was holding that office as a 
fee-paid office; 
86 c. S Judicial Pensions and Retirement Act 1993 
ScH. 7 (b) he has at all times on and after that day held that office as a fee-paid 
office; and 
(c) his potential retirement date by reference to that office falls later than the 
date that would, apart from this paragraph, be the compulsory 
retirement date for that office in his case. 
(2) If and so long as this paragraph applies to a person— 
(a) nothing in section 26 of, and no amendment made by Schedule 6 to, this 
Act shall— 
(i) require him to vacate the office referred to in•sub-paragraph (1) 
above before his potential retirement date by reference to that office; 
or 
(ii) affect his eligibility for re-appointment to that office as a fee- 
paid office; and 
(b) that potential retirement date shall be taken for the purposes of section 
26 of this Act (and, accordingly, of this Schedule) to be the compulsory 
retirement date for that office in his case. 
Persons holding a relevant office by virtue of a continuation power 
4. Where, immediately before the appointed day, a person was holding a 
relevant office by virtue of the exercise of a continuation power, nothing in 
section 26 of this Act or this Schedule, and no amendment made by Schedule 6 
to this Act, shall affect the continuing validity of that exercise of that power in 
relation to that person. 
Ascertainment of potential retirement date 
5.—(1) For the purposes of this Schedule, a person's potential retirement date 
by reference to an office is— 
(a) in a case where, immediately before the appointed day, he was holding 
that office otherwise than by virtue of the exercise of a continuation 
power, the day on which he would have been required by any 
enactment or statutory instrument to vacate that office, apart from this 
Act and apart from any, continuation power; 
(b) in a case where, immediately before the appointed day, he was holding 
that office by virtue of the exercise of a continuation power, the last day 
of the period for which he is authorised to continue in that office by 
virtue of that exercise of the continuation power; or 
(c) in the case of an office to which any of the following sub-paragraphs 
applies (offices for which there was no compulsory retirement date 
before the appointed day, but whose standard terms of appointment, 
or whose arrangements with respect to retirement, are reflected in the 
provisions of the sub-paragraph' in question), the day specified in the 
sub-paragraph as the appropriate day. 
(2) This sub-paragraph applies to each of the following offices, as a salaried 
office— 
(a) Social Security Commissioner appointed before 23rd May 1980; 
(b) President or other member of the Lands Tribunal, or of the Lands 
1949 c. 42. Tribunal for Scotland, set up under the Lands Tribunal Act 1949; 
(c) Commissioner for the special purposes of the Income Tax Acts, 
1970 c. 9. appointed under section 4 of the Taxes Management Act 1970; 
(d) President or other member of the Immigration Appeal Tribunal; 
(e) Chairman of the Foreign Compensation Commission; 
(f) Chief or other Conmions Commissioner; 
Judicial Pensions and Retirement Act 1993 c. 8 87 
(g) Chairman of industrial tribunals, appointed in pursuance of regulations ScH. 7 
under section 128 of the Employment Protection (Consolidation) Act 1978 c. 44. 
1978; 
(h) Chairman of industrial tribunals or of the Fair Employment Tribunal, 
appointed in pursuance of regulations under Article 30 of the Industrial S.!. 1984/1159 
Training (Northern Ireland) Order 1984 or appointed under section (N.!. 9). 
3(1)(c) of the Fair Employment (Northern Ireland) Act 1989; 1989 c. 32. 
(j) president of the Industrial Court appointed in pursuance of Article 91 of 
the Industrial Relations (Northern Ireland) Order 1992; S.!. 1992/807 
(k) President of Pensions Appeal Tribunals; 
and the appropriate day in the case of an office to which this sub-paragraph 
applies is the last day of the completed year of service in that office in which the 
person attains the age of 72. 
(3) In the case of the office of immigration adjudicator (whose usual terms of 
appointment, whether as a salaried or a fee-paid office, require the holder to 
vacate it on the day on which he attains the age of 70)— 
(a) this sub-paragraph applies only in those cases where, immediately 
before the appointed day, the office is held on terms which require the 
person in question to vacate it on the day on which he attains the age of 
72; and 
(b) where this sub-paragraph applies, the appropriate day is the day on 
which that person attains that age; 
and, accordingly, no person shall have a potential retirement date by reference to 
that office (whether held as a salaried or a fee-paid office) in any other case. 
(4) This sub-paragraph applies to the office of deputy judge of the High Court, 
as a fee-paid office; and the appropriate day in the case of an office to which this 
sub-paragraph applies is the day on which the person attains the age of 75. 
(5) This sub-paragraph applies to each of the following offices, as a fee-paid 
office— 
(i) in the case of appointments under subsection (1) of section 91 of the 
Supreme Court Act 1981 otherwise than by virtue of subsection (3) of 1981 c. 54. 
that section, each of the following offices— 
(a) deputy or temporary Master, Queen's Bench Division; 
(b) deputy or temporary Admiralty Registrar; 
(c) deputy or temporary Master, Chancery Division; 
(d) deputy or temporary Registrar in Bankruptcy of the High 
Court; 
(e) deputy or temporary Taxing Master of theSupreme Court; 
(f) deputy or temporary Registrar of Civil Appeals; 
(g) deputy or temporary Master of the Court of Protection; 
(ii) assistant Recorder; 
(iii) chairman of social security appeal tribunals, medical appeal tribunals 
and disability appeal tribunals in England and Wales; 
(iv) chairman of child support appeal tribunals, intngland and Wales; 
(v) Chairman of the Foreign Compensation Commission; 
(vi) Commons Commissioner; 
(vii) chairman of industrial tribunals, appointed in pursuance of 
regulations under section 128 of the Employment Protection 1978 c. 44. 
(Consolidation) Act 1978; 
88 c. S Judicial Pensions and Retirement Act 1993 
SCH. 7 (viii) chairman of industrial tribunals or of the Fair Employment Tribunal, 
S.!. 1984/1159 appointed in pursuance of regulations under Article 30 of the Industrial 
(N.!. 9). Training (Northern Ireland) Order 1984 or appointed under section 
1989 c. 32. 3(1)(c) of the Fair Employment (Northern Ireland) Act 1989; 
(ix) president of the Industrial Court appointed in pursuance of Article 91 
S.!. 1992/807 of the Industrial Relations (Northern Ireland) Order 1992; 
(N.!. 5). (x) President or other member of the Lands Tnbunal, or of the Lands 
1949 c. 42. Tribunal for Scotland, set up under the Lands Tribunal Act 1949; 
(xi) Commissioner for the special purposes of the Income Tax Acts, 
1970 c. 9. appointed under section 4 of the Taxes Management Act 1970; 
(xii) deputy Special Commissioner, appointed under section 4A of the 
Taxes Management Act 1970; 
(xiii) President or other member of the Immigration Appeal Tribunal; 
(xiv) President or other member of Pensions Appeal Tribunals; 
(xv) Chairman or member of a Mental Health Review Tribunal constituted 
1983 c. 20. under the Mental Health Act 1983; 
(xvi) member of the Financial Services Tribunal appointed by the Lord 
Chancellor; 
(xvii) chairman of a tribunal constituted for the purposes of sections 14 and 
1971 c. 38. 15 of the Misuse of Drugs Act 1971; 
(xviii) chairman of an advisory body constituted for the purposes of section 
14 of the Misuse of Drugs Act 1971; 
(xix) appointed member of the Restrictive Practices Court, within the 
1976 c. 33. meaning of section 3 of the Restrictive Practices Court Act 1976; 
(xx) chairman or other member of the tribunal constituted by section 706 
1988 c. 1. of the Income and Corporation Taxes Act 1988; 
(xxi) arbitrator appointed under paragraph 1(5) of Schedule 11 to the 
1986 c. 5. Agricultural Holdings Act 1986; 
(xxii) chairman or deputy-chairman of an Agricultural Land Tribunal; 
(xxiii) President of the Aircraft and Shipbuilding Industries Arbitration 
Tribunal; 
(xxiv) Chairman of a tribunal established by section 29 of the Betting, 
1963 c. 2. Gaming and Lotteries Act 1963; 
(xxv) chairman or deputy chairman of the Copyright Tribunal; 
(xxvi) chairman or deputy chairman of the Data Protection Tribunal; 
(xxvii) chairman of an Independent Schools Tribunal; 
1975 c. 68. (xxviii) president of a tribunal constituted under Schedule 3 to the Industry 
Act 1975; 
(xxix) chairman of the tribunal constituted under Schedule 9 to the 
1977 c. 49. National Health Service Act 1977; 
(xxx) Chairman of the Plant Varieties and Seeds Tribunal; 
(xxxi) chairman of a Registered Homes Tribunal constituted under the 
1984 c. 23. Registered Homes Act 1984; 
1949 c. 54. (xxxii) President of the tribunal established under section 9 of the Wireless 
Telegraphy Act 1949; 
(xxxiii) wreck commissioner appointed under section 82 of the Merchant 
1970 c. 36. Shipping Act 1970; 
Judicial Pensions and Retirement Act 1993 c. 8 89 
(xxxiv) Chairman of a Reinstatement Committee constituted under the ScH. 7 
Reserve Forces (Safeguard of Employment) Act 1985; 1985 c. 17. 
and the appropriate day in the case of an office to which this sub-paragraph 
applies is the last day of the completed year of service in the office in which the 
person attains the age of 72. 
(6) This sub-paragraph applies to each of the following offices, as a fee-paid 
office— 
(a) deputy or temporary district judge of the principal registry of the Family 
Division appointed under subsection (1) of section 91 of the Supreme, 1981 c. 54. 
Court Act 1981 otherwise than by virtue of subsection (3) of that 
section; 
(b) deputy district judge appointed under section 102 of the Supreme Court 
Act 1981, except in a case where the person in question has previously 
held office as a district judge for a district registry; 
(c) deputy district judge appointed under section 8 of the County Courts 1984 c. 28. 
Act 1984, except in a case where the person in question has previously 
held office as a district judge for a county court district; 
(d) Deputy Resident Magistrate, appointed under the Magistrates' Courts 1964 c. 21 (N.!.). 
Act (Northern Ireland) 1964; 
(e) member of an Agricultural Land Tribunal, other than chairman, deputy 
chairman or an assessor added to the Tribunal under paragraph 16(2) 
of Schedule 9 to the Agriculture Act 1947; 1947 c. 48. 
(f) chairman or other member of Rent Assessment Committees appointed 
by the Lord Chancellor under Schedule 10 to the Rent Act 1977; 1977 c. 42. 
and the appropriate day in the case of an office to which this sub-paragraph 
applies is the last day of the completed year of service in that office in which the 
person attains the age of 70. 
(7) This sub-paragraph applies to the office of member of the Employment 
Appeal Tribunal appointed under section 135(2)(c) of the Employment 1978 c. 44. 
Protection (Consolidation) Act 1978, as a fee-paid office; and the appropriate 
day in the case of an office to which this sub-paragraph applies is the 31st March 
next following the day on which the person attains the age of 70. 
SCHEDULE 8 Section 31. 
MINOR AND CONSEQUENTIAL AMENDMENTS 
The Courts-Martial (Appeals) Act 1951 
1. Section 35 of the Courts-Martial (Appeals) Act 1951 (pension arrangements 1951 c. 46. 
for Vice Judge Advocate General, Assistant Judge Advocates General and 
Deputy Judge Advicates) shall be numbered as subsection (1) of that section and 
at the end of that section there shall be added— 
"(2) The foregoing subsection shall not have effect in relation to a 
person to whom Part I of the Judicial Pensions and Retirement Act 1993 
applies, except to the extent provided by or under that Act." 
The County Courts Act (Northern Ireland) 1959 
2. At the end of section 116 of the County Courts Act (Northern Ireland) 1959 1959 c. 25 (NJ;). 
(pensions of county court judges in Northern Ireland) there shall be added— 
"(7) This Part shall not have effect in relation to a person to whom Part 
I of the Judicial Pensions and Retirement Act 1993 applies, except to the 
extent provided by or under that Act." 
90 c. 8 Judicial Pensions and Retirement Act 1993 
SCH. 8 The Resident Magistrates' Pensions Act (Northern Ireland) 1960 
1960 c. 1 (N.!.). 3. In section 2 of the Resident Magistrates' Pensions Act (Northern Ireland) 
1960 (pensions of resident magistrates in Northern Ireland) after subsection (1) 
there shall be inserted— 
"(1A) This Act shall not have effect in relation to a person to whom Part 
I of the Judicial Pensions and Retirement Act 1993 applies, except to the 
extent provided by or under that Act." 
The Foreign Compensation Act 1962 
1962 c. 4. 4. In section 3 of the Foreign Compensation Act 1962, after subsection (1) 
(which makes provision for the pensions or other benefits payable to or in respect 
of members of the Foreign Compensation Commission) there shall be inserted— 
"(lA) Subsection (1) above shall not have effect in relation to a 
chairman or former chairman of the Commission who is a person to whom 
Part I of the Judicial Pensions and Retirement Act 1993 applies, except to 
the extent provided by or under that Act." 
The Lands Tribunal and Compensation Act (Northern Ireland) 1964 
1964 c. 29 (N.!.). 5. In section 2 of the Lands Tribunal and Compensation Act (Northern 
Ireland) 1964 (pensions of members of the Lands Tribunal for Northern Ireland) 
after subsection (5) there shall be inserted— 
"(5A) Subsection (5), so far as relating to allowances and gratuities by 
way of superannuation, shall not have effect in relation to persons to whom 
Part I of the Judicial Pensions and Retirement Act 1993 applies, except to 
the extent provided by or under that Act." 
The Superannuation Act 1965 
1965 c. 74. 6. In section 39A of the Superannuation Act 1965 (superannuation benefits in 
respect of persons who have been employed in two or more judicial offices) in 
subsection (6), in the definition of "judicial office", after the word "means" there 
shall be inserted— 
"(a) any qualifying judicial office, within the meaning of the 
Judicial Pensions and Retirement Act 1993, and 
(b)". 
The Superannuation (Miscellaneous Provisions) Act (Northern Ireland) 1969 
1969 c. 7 (N.I.). 7. In section 2 of the Superannuation (Miscellaneous Provisions) Act 
(Northern Ireland)! 969 (pensions for president of the industrial court, president 
and vice-president of the industrial tribunals and the Fair Employment Tribunal, 
etc in Northern Ireland) after subsection (1) there shall be inserted— 
"(lA) Subsection (1) shall not apply in relation to a person to whom 
Part I of the Judicial Pensions and Retirement Act 1993 applies, except to 
the extent provided by or under that Act." 
The Taxes Management Act 1970 
1970 c. 9. 8. In section 4 of the Taxes Management Act 1970, after subsection (6) 
(pensions, allowances and gratuities payable to or in respect of Special 
Commissioners) there shall be inserted— 
"(6A) Subsection (6) above, so far as relating to pensions (including 
allowances and gratuities), shall not have effect in relation to a person to 
whom Part I of the Judicial Pensions and Retirement Act 1993 applies, 
except to the extent provided by or under that Act." 
Judicial Pensions and Retirement Act 1993 c. 8 91 
The Immigration Act 1971 ScR. 8 
9. In Schedule 5 to the Immigration Act 1971, paragraphs 3 and 9 (which, 1971 c. 77. 
among other things, make provision for the pensions, allowances and gratuities 
etc payable to or in respect of immigration adjudicators and members of the 
Immigration Appeal Tribunal) shall each be numbered as sub-paragraph (1) and 
at the end of each of those paragraphs there shall be added— 
"(2) Sub-paragraph (1)(b) above shall not have effect in relation to a 
person to whom Part I of the Judicial Pensions and Retirement Act 1993 
applies, except to the extent provided by or under that Act." 
The Administration of Justice Act 1973 
10.—(1) Section 10 of the Administration of Justice Act 1973 (which, as it has 1973 c. 15. 
effect by virtue of subsection (8) thereof, provides for certain widow's and 
children's pensions in Northern Ireland to be increased) shall be amended as 
follows— 
(a) in subsections (1), (2)(a) and (3), after the words "or widow's" in each 
place there shall be inserted the words "or widower's"; 
(b) in subsection (2)— 
(i) in paragraph (b), after the word "widow", where it occurs for 
the first time, there shall be inserted the words "or widower", and 
(ii) in sub-paragraph (i) of that paragraph, for the words from 
"was" to "and" there shall be substituted the words "left a spouse 
and he or"; 
(c) in subsection (4)— 
(i) after the word "him" or "his" in each place there shall be 
inserted the words "or her", and 
(ii) in sub-paragraph (c), after the word "widow's" there shall be 
inserted the word "widower's"; and 
(d) in subsection (5), after the word "widow's" there shall be inserted the 
word "widower's". 
(2) In Schedule 3 to the Administration of Justice Act 1973 (which sets out the 
enactments in relation to which section 10 of that Act has effect), in paragraph 3, 
for the reference to the Department of Health and Social Services for Northern 
Ireland there shall be substituted a reference to the Department of Economic 
Development. 
The Social Security (Northern Ireland) Act 1975 
11. In paragraph 6 of Schedule 10 to the Social Security (Northern Ireland) Act 1975 c. 15. 
1975 (pensions of social security commissioners in Northern Ireland) after sub- 
paragraph (1) there shall be inserted— 
"(lA) Sub-paragraph (1) shall not have effect in relation to a person to 
whom Part I of the Judicial Pensions and Retirement Act 1993 applies, 
except to the extent provided by or under that Act." 
The Social Security Pensions Act 1975 
12. In section 59C of the Social Security Pensions Act 1975, after subsection 1975 c. 60. 
(2) (rights of appeal to the Pensions Ombudsman on matters of fact or law) there 
shall be inserted— 
"(2A) Subsection (2) above does not have effect in relation to any 
scheme constituted under or by virtue of— 
(a) the Sheriffs' Pensions (Scotland) Act 1961; 1961 c. 42. 
92 c. 8 Judicial Pensions and Retirement Act 1993 
Scif. 8 (b) the Judicial Pensions Act 1981; or 
1981 C. 20. (c) the Judicial Pensions and Retirement Act 1993." 
The Social Security Pensions (Northern Ireland) Order 1975 
S.I. 1975/1503 13. In Article 69C of the Social Security Pensions (Northern Ireland) Order 
(N.I. 15). 1975, after paragraph (2) (rights of appeal to the Pensions Ombudsman on 
matters of fact or law) there shall be inserted— 
"(2A) Paragraph (2) does not have effect in relation to any scheme 
constituted under or by virtue of— 
1959 c. 25 (N.!.). (a) Part XIII of the County Courts Act (Northern Ireland) 1959; 
1960 c. 2 (N.!.). (b) the Resident Magistrates' Pensions Act (Northern Ireland) 1960; 
1975 c. 15. (c) Schedule 10 to the Social Security (Northern Ireland) Act 1975; 
(d) the Judicial Pensions Act 1981; or 
(e) the Judicial Pensions and Retirement Act 1993." 
The Judicature (Northern Ireland) Act 1978 
1978 c. 23. 14. At the end of section 72 of the Judicature (Northern Ireland) Act 1978 
(pension arrangements for statutory officers) there shall be added— 
"(4) This section does not apply to a person to whom Part I of the 
Judicial Pensions and Retirement Act 1993 applies, except to the extent 
provided by or under that Act." 
The Supreme Court Act 1981 
1981 c. 54. 1 5.—( 1) In section 12 of the Supreme Court Act 1981, in subsection (7) 
(pensions to be payable to or in respect of the judges mentioned in subsection (1) 
in accordance with section 2 of the 1981 Act) after the words "section 2 of the 
Judicial Pensions Act 1981" there shall be inserted the words "or, in the case of 
a judge who is a person to whom Part I of the Judicial Pensions and Retirement 
Act 1993 applies, in accordance with that Act". 
(2) In section 93 of that Act (certain officers to be treated as employed in the 
civil service of the State for the purposes of salary and pension), in subsection (2) 
(exception, in respect of pension, for persons holding offices specified in 
paragraph 1 of Schedule 1 to the 1981 Act) for the words from "an office" 
onwards there shall be substituted the words "qualifying judicial office, within 
the meaning of the Judicial Pensions and Retirement Act 1993." 
(3) In section 102 of that Act (deputy district judges for district registries of 
the High Court), for subsection(S) (which includes a reference to section 91(5) of 
that Act, a provision which is repealed by this Act) there shall be substituted— 
"(5) Subsection (6) of section 91 applies in relation to a deputy district 
judge appointed under this section as it applies in relation to a person 
appointed under that section." 
The Value Added Tax Act 1983 
1983 c. 55. l6.—(l) In Schedule 8 to the Value Added Tax Act 1983, in paragraph 3, after 
sub-paragraph (4) (remuneration, pensions, allowances and gratuities payable to 
or in respect of the President of Value Added Tax Tribunals) there shall be 
inserted— 
"(4A) Sub-paragraph (4) above, so far as relating to pensions, 
allowances and gratuities, shall not have effect in relation to a person to 
whom Part I of the Judicial Pensions and Retirement Act 1993 applies, 
except to the extent provided by or under that Act." 
Judicial Pensions and Retirement Act 1993 c. 8 93 
(2) In paragraph 7 of that Schedule, after sub-paragraph (4) (remuneration, ScH. 8 
pensions, allowances and gratuities payable to or in respect of chairmen of value 
added tax tribunals) there shall be inserted— 
"(4A) Sub-paragraph (4) above, so far as relating to pensions, 
allowances and gratuities, shall not have effect in relation to a person to whom Part I of the Judicial Pensions and Retirement Act 1993 applies, 
except to the extent provided by or under that Act." 
The County Courts Act 1984 
17. In the County Courts Act 1984— 1984 c. 28. 
(a) section 7 (which relates to assistant district judges), and 
(b) in section 9 (qualifications for appointment) the words "assistant 
district judge", 
shall cease to have effect. 
The Social Security Act 1986 
I 8.—(1) In section 12 of the Social Security Act 1986 (member's right to make 1986 c. 50. 
voluntary contributions) in subsection (1OA) (which precludes the application of 
the section in relation to pensions under the 1981 Act etc) after the word "under" 
there shall be inserted the words "the Judicial Pensions and Retirement Act 
1993,". 
(2) In section 17 of that Act (general power to modify statutory provisions) in 
subsection (3) (which specifies the Acts in relation to which the power to make 
consequential provision under subsection (2) is exercisable) after paragraph (h) 
there shall be inserted— 
"(j) the Judicial Pensions and Retirement Act 1993." 
The Social Security (Northern Ireland) Order 1986 
19.—(l) In Article 14 of the Social Security (Northern Ireland) Order 1986 Si. 1986/1888 
(member's right to make voluntary contributions) in paragraph (1OA) (which (NI. 18). 
precludes the application of the Article in relation to pensions under the 1981 
Act) after the word "under" there shall be inserted the words "the Judicial 
Pensions and Retirement Act 1993 or". 
(2) In Article 18 of that Order (general power to modify statutory provisions) 
in paragraph (3) (which specifies the provisions in relation to which the power to 
make consequential provision under paragraph (2) is exercisable) after paragraph (k) there shall be added— 
"(1) the Judicial Pensions and Retirement Act 1993." 
The Criminal Justice Act 1988 
20. In Schedule 6 to the Criminal Justice Act 1988, in paragraph 3, after sub- 1988 c. 33. 
paragraph (2) (pensions, allowances and gratuities payable to or in respect of 
members of the Criminal Injuries Compensation Board) there shall be added— 
"(3) Sub-paragraph (2) above does not apply to a chairman or former 
chairman of the Board who is a person to whom Part I of the Judicial 
Pensions and Retirement Act 1993 applies, except to the extent provided by 
or under that Act." 
The Child Support Act 1991 
21 .—(1) In paragraph 4 of Schedule 3 to the Child Support Act 1991, after sub- 1991 c. 48. 
paragraph (7) (remuneration of, and pensions, allowances or gratuities for, full- 
time chairmen of child support appeal tribunals) there shall be added— 
94 c. 8 Judicial Pensions and Retirement Act 1993 
ScH. 8 "(8) Sub-paragraph (7), so far as relating to pensions, allowances or 
gratuities, shall not have effect in relation to any person to whom Part I of 
the Judicial Pensions and Retirement Act 1993 applies, except to the extent 
provided by or under that Act." 
(2) In Schedule 4 to that Act, at the end of paragraph 2 (remuneration and 
expenses of, and pensions, allowances or gratuities for, Child Support 
Commissioners) there shall be added— 
"(3) Sub-paragraph (1), so far as relating to pensions, allowances or 
gratuities, shall not have effect in relation to any person to whom Part I of 
the Judicial Pensions and Retirement Act 1993 applies, except to the extent 
provided by or under that Act." 
The Child Support (Northern Ireland) Order 1991 
S.!. 1991/2628 22. In paragraph 4 of Schedule 3 to the Child Support (Northern Ireland) 
(N.!. 23). Order 1991, after sub-paragraph (7) (remuneration of, and pensions, allowances 
or gratuities for, full-time chairmen of child support appeal tribunals for 
Northern Ireland) there shall be added— 
"(8) Sub-paragraph (7), so far as relating to pensions, allowances or 
gratuities, shall not have effect in relation to any person to whom Part I of 
the Judicial Pensions and Retirement Act 1993 applies, except to the extent 
provided by or under that Act." 
The Social Security Administration Act 1992 
1992 c. 5. 23. In Schedule 2 to the Social Security Administration Act 1992, paragraph 2 
(remuneration, pensions, allowances and gratuities payable to or in respect of the 
President and full-time chairmen of social security appeal tribunals etc) shall be 
numbered as sub-paragraph (1) and after that sub-paragraph there shall be 
added— 
"(2) Sub-paragraph (1) above, so far as relating to pensions, allowances 
and gratuities, shall not have effect in relation to persons to whom Part I of 
the Judicial Pensions and Retirement Act 1993 applies, except to the extent 
provided by or under that Act." 
Ihe Social Security Administration (Northern Ireland) Act 1992 
1992 c. 8. 24. In Schedule 2 to the Social Security Administration (Northern Ireland) Act 
1992, paragraph 3 (remuneration, pensions, allowances and gratuities payable to 
or in respect of the President and full-time chairmen of social security appeal 
tribunals etc) shall be numbered as sub-paragraph (1) and after that sub- 
paragraph there shall be added— 
"(2) Sub-paragraph (1) above, so far as relating to pensions, allowances 
and gratuities, shall not have effect in relation to persons to whom Part I of 
the Judicial Pensions and Retirement Act 1993 applies, except to the extent 
provided by or under that Act." 
Judicial Pensions and Retirement Act 1993 c. 8 95 
SCHEDULE 9 SCH. 9 
Section 31. 
REPEALS AND REVOCATIONS 
Chapter or 
number Short title Extent of repeal or 
revocation 
14 & 15 Geo. 6. The Courts-Martial In section 28, the proviso to 
c. 46. (Appeals) Act 1951. subsection (3). 
In section 32, the proviso to 
subsection (2). 
1951 c. 20 (N.I.). The Judicial Pensions Act In section 1 1A, in subsection 
(Northern Ireland) 1951. (3), the word "and" 
immediately preceding 
paragraph (b), and 
subsection (4). 
1959 c. 25 (N.I.). The County Courts Act Section 116(6). 
(Northern Ireland) 1959. In section 127A, in 
subsection (3), the word "and" immediately 
preceding paragraph (b), 
and subsection (4). 
1960 c. 2 (N.I.). The Resident Magistrates' In section 9A, in subsection 
Pensions Act (Northern (3), the word "and" 
Ireland) 1960. immediately preceding 
paragraph (b), and 
subsection (4). 
Section 14. 
9 & 10 Eliz. 2. The Sheriffs' Pensions Section 6. 
c. 42. (Scotland) Act 1961. Section 9. 
In section 10, in the 
definition of "sheriff", the 
words "except in 
subsection (2) of section 
six,,. 
1966 c. 27 (N.I.). The Superannuation In Schedule 1, paragraph 18. 
(Amendment) Act 
(Northern Ireland) 1966. 
1969 c. 7 (N.!.). The Superannuation Section 2(5). 
(Miscellaneous 
Provisions) Act 
(Northern Ireland) 1969. 
1970 c. 9. The Taxes Management Act Section 4A(5). 
1970. 
1971 c. 23. The Courts Act 1971. Section 17(2) and (3). 
Section 24(4). 
1975 c. 15. The Social Security In Schedule 10, paragraph 
(Northern Ireland) Act 6(4). 
1975. 
1976 c. 33. The Restrictive Practices In section 3(2), the words 
Court Act 1976. "(not less than three 
years)". 
1978 c. 23. The Judicature (Northern In section 7(1), the words "at 
Ireland) Act 1978. any time". 
Section 8(4). 
96 c. 8 Judicial Pensions and Retirement Act 1993 
5.1. 1991/2628 
(N.!. 23). 
1992c. 5. The Justices of the Peace Act 
1979. 
The Judicial Pensions Act 
1981. 
The Supreme Court Act 
1981. 
The County Courts Act 
1984. 
The Transport Act 1985. 
The Courts and Legal 
Services Act 1990. 
The Child Support Act 1991. 
The Child Support 
(Northern Ireland) Order 
1991. 
The Social Security 
Administration Act 1992. 
The Social Security 
Administration 
(Northern Ireland) Act 
1992. In section 14, the proviso to 
subsection (1), and 
subsection (2). 
Section 15. 
Section 21(5) and (6). 
In section 33A, in subsection 
(3), the word "and" 
immediately preceding 
paragraph (b), and 
subsection (4). 
In Schedule 1, in paragraph 
1, the entry "Assistant 
district judge". 
Section 9(7). 
Section 91(5). 
In section 92, in subsection 
(2B), the words from "and 
the office" onwards, and 
subsections (2C) and (3). 
Section 103. 
Section 7. 
Section 8(2). 
In section 9, the words 
"assistant district judge". 
Section 11(3). 
In Schedule 4, paragraph 
3(2). 
In Schedule 18, paragraph 
42(b). 
In Schedule 3, paragraph 
4(4) and, in paragraph 8, 
the word "(4)". 
In Schedule 4, paragraph 
1(2). 
In Schedule 3, paragraph 
4(4). 
In Schedule 2, in paragraph 
1, sub-paragraph (3), in 
sub-paragraph (5) the 
words "(3) or", in sub- 
paragraph (6) the words 
"or (3)" and, in sub- 
paragraph (7), the words 
"(2) or". 
In Schedule 2, in paragraph 
1, sub-paragraph (3) and, 
in sub-paragraph (6), the 
words "or (3)". 
© Crown copyright 1993 
PRINTED IN THE UNITED KINGDOM BY PAUL FREEMAN 
Controller and Chief Executive of Her Majesty's Stationery Office 
and Queen's Printer of Acts of Parliament SCH. 9 Chapter or 
number Short title Extent of repeal or 
revocation 
1979 c. 55. 
1981 c. 20. 
1981 c. 54. 
1984 c. 28. 
1985 c. 67. 
1990 c. 41. 
1991 c. 48. 
1992c. 8. 
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