OpenLegislation

Section 16 Application of Part II, and interpretation.

United Kingdom

In this Part of this Act—

  • “judicial office” means an office in column 1 of the following Table,

  • “derivative benefit” means any lump sum under this Part of this Act or any F1widow's, widower's, surviving civil partner's or children’s pension,

  • “the personal pension”, in relation to any derivative benefit or contribution to the cost of a derivative benefit (the “related” derivative benefit or contribution) means the pension eligibility for which is a condition of the granting of the derivative benefit,

  • “relevant service”, in relation to a pension for service in a judicial office, or in relation to a related benefit or contribution, means the kind of service, under one or more appointments, set out against that judicial office in column 2 of the Table.

    Table

    Judicial officeRelevant service
    F2. . .. . .
    F3Judge of the Supreme Court.Service as a F4judge of the Supreme Court or as a judge of the F5Senior Courts, the Court of Session or the F6Court of Judicature.
    Judge of the Senior Courts.Service as a judge of the Supreme Court or as a judge of the Senior Courts.
    Judge of the Court of Session.Service as a judge of the Supreme Court or as a judge of the Court of Session.
    Judge of the Court of Judicature.Service as a judge of the Supreme Court or as a Judge of the Court of Judicature.
    Circuit judge in England and Wales.Service as a Circuit judge.
    Sheriff principal or salaried sheriff in Scotland.Pensionable service as a sheriff in Scotland.
    Stipendiary magistrate in England and Wales.Service as a stipendiary magistrate in England or Wales.
    Judge Advocate General who has duly elected that section 9 of this Act shall apply to him.Service as Judge Advocate General.
    Member of F7. . . Lands Tribunal for Scotland.Service as a member of F8that Tribunal
    Chairman of the Scottish Land Court.Service as Chairman of the Scottish Land Court.
    F9Any office pensionable under section 12 of this Act.Relevant service as defined by section 12(5) of this Act.
    Social Security Commissioner.Salaried service as a Social Security Commissioner, and any other service which under section 13(4)(b)of this Act counts as service as a Commissioner.
    Any office in paragraph 1 of Schedule 1 to this Act, except where under paragraph 3 of that Schedule this Part of this Act does not apply.Relevant service as defined in paragraph 2 of Schedule 1 to this Act in relation to the office.

Annotations

Textual amendments

F1

S. 16: words in definition of "derivative benefit" substituted (5.12.2005) by The Civil Partnership (Judicial Pensions and Church Pensions, etc.) Order 2005 (S.I. 2005/3325), art. 52

F2

S. 16 table entry repealed (25.4.2013) by Public Service Pensions Act 2013 (c. 25), s. 41(1)(b), Sch. 11 para. 6(a) (with Sch. 11 para. 8)

F3

S. 16: words in table entry substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 37(1)(a), 148(1); S.I. 2009/1604, art. 2(a)

F4

S. 16: words in table entries substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 37(1)(b), 148(1); S.I. 2009/1604, art. 2(a)

F5

S. 16: words in table entries substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59(5), 148(1), Sch. 11 para. 25(3); S.I. 2009/1604, art. 2(d)

F6

S. 16: words in table entries substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59(5), 148(1), Sch. 11 para. 25(3); S.I. 2009/1604, art. 2(d)

F7

S. 16: words in table entry omitted (1.6.2009) by virtue of The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 5(1)(2), Sch. 1 para. 141(a) (with Sch. 5)

F8

S. 16: words in table entry substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 5(1)(2), Sch. 1 para. 141(b) (with Sch. 5)

F9

S. 16: words in table entry substituted (1.8.1998) by 1998 c. 8, ss. 1(2), 15, 16(3)(b), Sch. 1 para. 4; S.I. 1998/1658, art. 2(1), Sch. 1

Notes on Part II

Textual amendments

F1

Pt. 2 title substituted (5.12.2005) by The Civil Partnership (Judicial Pensions and Church Pensions, etc.) Order 2005 (S.I. 2005/3325), art. 51

Modifications

C1

Pt. II (ss. 16-29) modified (31.3.1995) by 1993 c. 8, s. 14(3), (with s. 1); S.I. 1995/631, art. 2

Pt. II (ss. 16-29) excluded (31.3.1995) by 1993 c. 8, s. 14(4), (with s. 1); S.I. 1995/631, art. 2