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The Election Against Benefits Regulations (Northern Ireland) 2003

S.R. 2003/482 · Made 13 November 2003

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

PENSIONS

Made 13th November 2003

Coming into operation 19th December 2003

The Department for Social Development, in exercise of the powers conferred by section 177(4) of, and paragraph 17(2) of Schedule 5 to, the Pension Schemes (Northern Ireland) Act 1993f1, and now vested in itf2, and of all other powers enabling it in that behalf, after consultation with the Lord Chancellor in accordance with paragraph 17(2) of Schedule 5 to that Actf3 and with the consent of the Lord Chancellor in accordance with paragraph 17(4) of Schedule 5 to that Act, hereby makes the following Regulations:

Annotations to the whole text

Footnotes

f1

1993 c. 49

f2

See Article 8(b) of S.R. 1999 No. 481

f3

By virtue of S.R. 1989 No. 65

Contents

  1. 1Citation, commencement and interpretation
  2. 2Modification of the County Courts Act
  3. 3Modification of the Resident Magistrates' Pensions Act
  4. 4Modification of the Social Security Act
  5. Signature
  6. Explanatory note

1Citation, commencement and interpretation

(1)

These Regulations may be cited as the Election Against Benefits Regulations (Northern Ireland) 2003 and shall come into operation on 19th December 2003.

(2)

The Interpretation Act (Northern Ireland) 1954f1 shall apply to these Regulations as it applies to an Act of the Assembly.

2Modification of the County Courts Act

(1)

The County Courts Act (Northern Ireland) 1959f1 shall have effect subject to the following modifications.

(2)

In section 116Af2 –

(a)

in subsection (2) the definition of “personal pension scheme” shall be omitted;

(b)

in subsection (3) for paragraph (b) there shall be substituted the following paragraph –

“(b)

be entitled at any time to serve on the Lord Chancellor a written notice of election not to be a member of the judges' pension scheme, to take effect on a date not less than one month after the date on which it was served.”.

3Modification of the Resident Magistrates' Pensions Act

(1)

The Resident Magistrates' Pensions Act (Northern Ireland) 1960f1 shall have effect subject to the following modifications.

(2)

In section 2Af2 –

(a)

in subsection (2) the definition of “personal pension scheme” shall be omitted;

(b)

in subsection (3) for paragraph (b) there shall be substituted the following paragraph –

“(b)

be entitled at any time to serve on the Lord Chancellor a written notice of election not to be a member of the resident magistrates' pension scheme, to take effect on a date not less than one month after the date on which it was served.”.

4Modification of the Social Security Act

(1)

The Social Security (Northern Ireland) Act 1975f1 shall have effect subject to the following modifications.

(2)

In paragraph 7A of Schedule 10f2 –

(a)

in sub-paragraph (2) the definition of “personal pension scheme” shall be omitted;

(b)

in sub-paragraph (3) for head (b) there shall be substituted the following head –

“(b)

be entitled at any time to serve on the Lord Chancellor a written notice of election not to be a member of the Commissioners' pension scheme, to take effect on a date not less than one month after the date on which it was served.”.

Signature

Sealed with the Official Seal of the Department for Social Development on 13th November 2003.

L.S.

John O'Neill

Senior Officer of the

Department for Social Development

Signed by authority of the Lord Chancellor

I consent

Lord Filkin

Parliamentary Under Secretary of State,

Department for Constitutional Affairs

Dated 19th November 2003

Explanatory note

(This note is not part of the Regulations.)

These Regulations modify the County Courts Act (Northern Ireland) 1959, the Resident Magistrates' Pensions Act (Northern Ireland) 1960 and the Social Security (Northern Ireland) Act 1975 (“the judicial pensions provisions”) consequential upon the provisions of section 156 of the Pension Schemes (Northern Ireland) Act 1993. The modified provisions clarify that social security commissioners, county court judges and resident magistrates may elect not to acquire pension rights under the judicial pensions provisions, whether or not they join any other pension scheme and without the need to notify the Lord Chancellor of the identity of any pension scheme which they join.