OpenLegislation

Administration of Justice Act 1973 in Scotland

1973 c. 15 · Enacted 18 April 1973 · Extends to United Kingdom

Not fully up to date. 1 change made by later legislation has not yet been written into this text, which is revised to 10 May 2022.

See the changes not yet applied
ProvisionChangeMade by
s. 9(5)words substitutedCourts Reform (Scotland) Act 2014 (Consequential Provisions and Modifications) 2015 Sch. para. 7

Contents

  1. 1Section 1
  2. 2Section 2
  3. 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  4. 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  5. Part II: Miscellaneous
  6. 9Judicial salaries etc.
  7. 10Judicial pensions (increase of widow’s and children’s pensions).
  8. 11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  9. 12Retirement of higher judiciary in event of incapacity.
  10. Part III: Supplementary
  11. 21Short title and extent.
  12. 1Paragraph 1 Repealed
  13. 2Paragraph 2 Repealed
  14. 4—6Paragraph 4—6 Repealed
  15. Part III
  16. 8Paragraph 8 Repealed
  17. 9Paragraph 9
  18. 11Paragraph 11 Repealed
  19. 12Paragraph 12 Repealed
  20. 1Paragraph 1
  21. 2Paragraph 2
  22. Schedule 5Schedule 5

1

1)—(8)

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C1C2(9)

There shall cease to have effect—

(a)

section 1 of the M1Metropolitan Police Act 1829 in so far as ir regulates the appointment or removal of the Commissioner of Police of the Metropolis ; and

(b)

so much of section 2 of the M2Metropolitan Police Act 1856 as provides for the Assistant Commissioners of Police of the Metropolis to be justices of the peasce ;

and the Commissioner of Police shall be appointed in like manner as Assistant Commissioners are under the said section 2 to be appointed.

2

1)—(3)

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(4)

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5)—(7)

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3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

9Judicial salaries etc.F1

C1(1)

Subject to the following subsections, there shall be paid to—

(a)

F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3(b)

judges of the F4Court of Judicature in England and Wales other than the Lord Chancellor;

C2C3(c)

judges of the Court of Session;

C4(d)

judges of the Court of Judicature in Northern Ireland;

F5(e)

District Judges (Magistrates’ Courts);

such salaries as may be determined, with the consent of the Minister for the Civil Service, by the Lord Chancellor or, in the case of judges of the Court of Session, by the Secretary of State.

(2)

Until otherwise determined under this section, there shall be paid to the holders of judicial office mentioned in paragraphs (a) to (e) of subsection (1) above the same salaries as at the coming into force of this section.

(3)

Any salary payable under this section may be increased, but not reduced, by a determination or further determination under this section.

F6(3A)

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

(4)

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(5)

F8Salaries payable F9under subsection (1)(d) shall be charged on and paid out of the Consolidated Fund of Northern Ireland and other salaries payable under this section shall be charged on and paid out of the Consolidated Fund of the United Kingdom.

10Judicial pensions (increase of widow’s and children’s pensions).

F1(1)

The annual amount of the F2widow's, widower's or surviving civil partner's pension that may be granted under or by virtue of the M1Administration of Justice (Pensions) Act 1950 wholly or partly in respect of relevant service after the passing of this Act, and the annual amount of the children’s pension that may be so granted, shall be increased in accordance with this section; and where the widow's, widower's or surviving civil partner's pension or children’s pension (if any) that may be granted in respect of a person’s relevant service is so increased, there shall be made towards the cost of the liability therefor such contributions (in lieu of or in addition to that required by section 8 of the Act of 1950) as may be prescribed, in the form either of a reduction or further reduction of the lump sum pension benefit payable in respect of that service or of deductions from the salary so payable or partly in one of those forms and partly in the other.

(2)

In the case of pensions attributable wholly to relevant service after the passing of this Act,—

(a)

the annual amount of a F3widow's, widower's or surviving civil partner's pension may be one-half of the annual amount of the personal pension of the deceased; and

(b)

subject to section 7(4) of the Act of 1950 (which makes provision for the case of F4effect of survivor's marriage or formation of a civil partnership), the annual amount of a children’s pension, while there is only one person for whose benefit it can enure, may amount—

(i)

where the deceased F5left a spouse F6or civil partner and he or she is still alive, to one-quarter of the annual amount of the personal pension; and

(ii)

in any other case, to one-third of the annual amount of the personal pension;

and while there are two or more persons for whose benefit it can enure, may amount to twice the figure given by whichever is applicable of sub-paragraphs (i) and (ii) above.

In section 7(4) of the Act of 1950 the reference to subsection (2) of that section shall include paragraph (b)(ii) of this subsection.

(3)

Subject to subsection (4) below, in the case of pensions payable partly in respect of relevant service after the passing of this Act but not attributable wholly to that service, the annual value of the F7widow's, widower's or surviving civil partner's pension or children’s pension that may be granted shall be determined by reference to the proportions which the relevant service before and after that time bear to the whole of the relevant service, and shall be the amount obtained by adding—

(a)

the part proportionate to the service before that time of the annual amount of the pension that might have been granted if this section had not been passed; and

(b)

the part proportionate to the service after that time of the annual amount of the pension that might have been granted if this section had always had effect.

(4)

In relation to persons serving at the passing of this Act provision may be made by regulations whereby, subject to any prescribed conditions, an election may be made by or with respect to a person—

(a)

that subsection (2) above shall apply to him F8or her as if the whole of his or her relevant service were service after the passing of this Act, and subsection (3) shall not apply;

(b)

that subsections (1) to (3) above shall not apply to him or her, and the Act of 1950 shall apply as if this section had not been passed;

(c)

in the case of a person who elected under section 11(1) or (2) of the Act of 1950 for his or her eligibility for pension not to satisfy the conditions for the grant of a F9widow's, widower's or surviving civil partner's or children’s pension, that the election under that section shall be revoked.

(5)

Where a person’s relevant service is partly before and partly after the passing of this Act, then for the purposes of this section any F10widow's, widower's or surviving civil partner's or children’s pension payable in respect of that service is to be regarded as attributable wholly to the service after that time if the service before that time does not add to the annual rate of the personal pension, and for the purposes of subsection (3) there shall be left out of account so much (if any) of the service before that time as does not add to the annual amount of the personal pension.

(6)

Regulations made for purposes of this section may make provision for consequential or incidental matters, including provision excluding or modifying the operation of any enactment passed before this Act; and in particular any regulations providing for contributions by deduction from salary may make consequential provision as to sections 10 and 11 of the Act of 1950 and any other enactment referring or relating to lump sums payable under that Act.

(7)

Regulations for purposes of this section may be made, with the concurrence of the Minister for the Civil Service, by the Lord Chancellor or, in relation to pensions for service in offices existing only in Scotland, by the Secretary of State; and the power to make regulations for purposes of this section shall be exercisable by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(8)

The foregoing provisions of this section shall have effect in relation to the enactments mentioned in Schedule 3 to this Act as they have effect in relation to the Act of 1950, but subject to the adaptations provided for by that Schedule; and provision corresponding to that which is made by subsections (1) and (3) above, or which may be made by regulations under this section for purposes of those subsections may, in relation to the pension benefits of any resident magistrate or county court registrar included in Schedule 5 to the Superannuation (Northern Ireland) Order 1972 (persons remaining subject to the Superannuation Acts (Northern Ireland) 1967 and 1969), be made by order of the Ministry of Finance for Northern Ireland.

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(9)

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11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

12Retirement of higher judiciary in event of incapacity.

(1)

Where the Lord Chancellor is satisfied by means of a medical certificate that a person holding office F1. . . as judge of the F2Court of Judicature in Northern Ireland F3(other than a judge to whom section 7 of the Justice (Northern Ireland) Act 2002 applies) is disabled by permanent infirmity from the performance of the duties of his office, but is for the time being incapacitated from resigning it, then subject to F4subsection (4) below the Lord Chancellor may by instrument under his hand declare that person’s office to have been vacated, and the instrument shall have the like effect for all purposes as if that person had on the date of the instrument resigned his office.

(2)

F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6(3)

A declaration under this section with respect to a judge of the Court of Judicature in England and Wales shall be of no effect unless it is made—

(a)

in the case of any of the Lord Chief Justice, the Master of the Rolls, the President of the Family Division and the Vice-Chancellor, with the concurrence of two others of them;

(b)

in the case of a Lord Justice of Appeal, with the concurrence of the Master of the Rolls;

(c)

in the case of a puisne judge of the Queen’s Bench Division, with the concurrence of the Lord Chief Justice;

(d)

in the case of a puisne judge of the Chancery Division other than the Vice-Chancellor, with the concurrence of the Vice-Chancellor;

(e)

in the case of a puisne judge of the Family Division, with the concurrence of the President of the Family Division.

(4)

A declaration under this section with respect to a judge of the Court of Judicature of Northern Ireland shall be of no effect unless it is made with the concurrence of the Lord Chief Justice of Northern Ireland or, if made with respect to him, with that of the senior Lord Justice of Appeal.

21Short title and extent.

(1)

This Act may be cited as the Administration of Justice Act 1973.

(2)

The foregoing sections of this Act shall not extend to Scotland or to Northern Ireland except to the following extent, that is to say—

(a)

sections 9 to 12 of this Act, and the repeals made by Parts IV and V of Schedule 5, shall extend to Scotland or to Northern Ireland in so far as they affect the law of Scotland or of Northern Ireland; and

(b)

sections 8, 14 and 18 of this Act (together with so much of section 20(1) as relates to those sections) shall extend to Northern Ireland.

1

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2

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4—6

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8

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9

(1)

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(2)

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11

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12

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1

The enactments in relation to which section 10 of this Act has effect by virtue of section 10(8) are—

(a)

Part XIII of the M1County Courts Act (Northern Ireland) 1959 (relating to county court judges and clerks of the Crown and peace), in relation to which the references in section 10 of this Act to section 7(4), section 8 and section 11 (or sections 10 and 11) of the Act of 1950 shall be replaced, respectively, by references to section 126(4) of the County Courts Act (Northern Ireland) 1959, section 127 of that Act and section 13 of the M2Judicial Pensions Act (Northern Ireland) 1951;

(b)

the M3Resident Magistrates’ Pensions Act (Northern Ireland) 1960, in relation to which—

(i)

subsection (4)(c) of section 10 of this Act and the reference in subsection (6) to sections 10 and 11 of the Act of 1950 shall not apply; and

(ii)

the references in section 10 to section 7(4) and section 8 of the Act of 1950 shall be replaced, respectively, by references to section 8(4) and section 9 of the M4Resident Magistrates’ Pensions Act (Northern Ireland) 1960;

(c)

Part II of the M5Judicial Pensions Act (Northern Ireland) 1951 (relating, by virtue of later enactments, to the National Insurance Commissioners, the President of the Industrial Court and the President of the Industrial Tribunals), in relation to which—

(i)

subsection (4)(c) of section 10 of this Act and the reference in subsection (6) to sections 10 and 11 of the Act of 1950 shall not apply; and

(ii)

the references in section 10 to section 7(4) and section 8 of the Act of 1950 shall be replaced, respectively, by references to section 10(4) and section 11 of the M6Judicial Pensions Act (Northern Ireland) 1951.

2

In relation to the provisions to which section 10 of this Act applies by virtue of paragraph 1(a) or of paragraphs 1(b) above references in section 10 to relevant service shall have effect as references to service within the meaning of those provisions.

Schedule 5F1

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