Explanatory note

These Regulations amend the Judicial Pensions Regulations 2015 (S.I. 2015/182) (“the 2015 Regulations”).

Regulation 4 amends an error in regulation 1(3) of the 2015 Regulations.

Regulations 5(a), 7 to 14, 17(2)(a) and (c) to (g), (3), (4) and (7) to (17) and 18 make provision consequential upon the making of the Judicial Pensions (Fee-Paid Judges) Regulations 2017 (S.I.xxx) (“the 2017 Regulations”) in order to ensure that, where relevant, pensions calculated under the 2015 Regulations take account of a person’s service in the scheme established by the 2017 Regulations as they would take account of a person’s entitlements under the scheme established by the Judicial Pensions and Retirement Act 1993 (c. 8).

Regulation 5(b) corrects the definition of index adjustment to ensure that adjustment of the opening balance of a member’s pension account is made using the index adjustment for the year it followed.

Regulation 6 provides the Lord Chancellor with a power to determine the eligibility of the Scottish judicial offices of part-time sheriff, part-time stipendiary magistrate, part-time summary sheriff, and temporary judge to participate in the scheme. Regulations 15 and 16 remove negligence as a basis for forfeiture or set-off of pension while regulation 17(2)(b) and (e), (5) and (6) apply full and tapering protection to fee-paid judges who have subsequently been appointed to salaried office and meet the required age conditions.

Regulation 2(1) provides that regulation 5(b) has effect from the 1st April 2015. It also provides that regulations 2(2) and 17(2)(b), (5) and (6) (which provide for an extension of full and tapering protection as set out above) have effect from that date. As those aspects of regulation 17(2)(e) which also relate to this provision form part of a wider amendment which comes into force separately regulation 2(2) makes transitory provision which modifies the definition of “tapered protection member” until regulation 17(2)(e) comes into force. Regulation 2(3) and (4) ensures that the pension entitlements of, or in respect of, individuals who have already retired or died and who would have been a member of the scheme established by the 2017 Regulations if they had been in force are calculated in the same way as those who die or retire after the coming into force of these Regulations. Section 3(3)(b) of the Public Service Pensions Act 2013 (c. 25) permits scheme regulations to make retrospective provision.

An impact assessment has not been prepared for this instrument as no impact on the costs of business or the voluntary sector is foreseen.