# The Judicial Pensions (Additional Voluntary Contributions) Regulations 2017, Regulation 2: Interpretation

Extent: E+W+S+N.I.

(1) In these Regulations –
“the 2004 Act” means the Finance Act 2004;
“the 2015 regulations” means the Judicial Pensions Regulations 2015;
“the 2022 Regulations” means the Judicial Pensions Regulations 2022;
“the 2015 scheme” means the judicial pension scheme created by the 2015 regulations;
“the 2022 Scheme” means the Judicial pension scheme created by the 2022 Regulations;
“active member” has the meaning given in paragraph (2);
“AVC member” means an active member who has given a notice under regulation 6(2);
“AVC scheme” means the scheme established under regulation 3;
“authorised provider” has the same meaning as in section 1(9) of the Superannuation Act 1972;
“Judicial Pension Board” means the Judicial Pension Board established by regulation 6(1) of the 2015 regulations in accordance with regulations 7 and 8 of those regulations;
“judicial pension scheme” means the 2015 scheme or the scheme constituted by the Judicial Pensions (Additional Voluntary Contributions) Regulations 1995;
“normal minimum pension age” has the same meaning as in section 279(1) (other definitions) of the 2004 Act;
“pensionable service” has the same meaning as in Chapter 2 of Part 4 of the 2015 regulations;
“qualifying recognised overseas pension scheme” has the meaning given in section 169(2) of the 2004 Act;
“registered scheme” means a pension scheme that is a registered pension scheme under Chapter 2 of Part 4 of the 2004 Act;
“AVC scheme assets” means the total value of A minus B, where—
A is the sum of the realisable value of the investments made by the scheme manager with the contributions paid by the AVC member, plus any transfer value accepted under regulation 10; and
B is the sum of—
(i)any amount deducted for tax under regulation 15;
(ii)the fees or charges of an authorised provider in relation to the investments made by the scheme manager defrayed in accordance with regulation 16; and
(iii)any amount that has already been transferred out of the AVC scheme under regulation 14.
“scheme contributions” means the total of payments made under regulation 9(2)(a), (b) and (c);
“scheme manager” has the meaning given in regulation 4;
“tax year” has the meaning given in section 4(2) of the Income Tax Act 2007 (as applied by section 989 of that Act).
(2) In these Regulations, “active member” means a person who—
(a) is in pensionable service under the 2015 Scheme or the 2022 Scheme;
(b) would have been in pensionable service under the 2015 Scheme in the period beginning with 1st April 2015 and ending with 31st March 2022 if—
(i) a legacy scheme election had not been made in respect of the person under section 40 of the Public Service Pensions and Judicial Offices Act 2022 (“PSPJOA 2022”); or
(ii) an immediate detriment remedy had not been obtained in relation to the person’s remediable service in a judicial office; or
(c) is a relevant fee-paid judge with relevant service.
(3) A person who satisfies—
(a) paragraph (2)(b) is an “active member” for the period of their remediable service;
(b) paragraph (2)(c) is an “active member” for the period of their relevant service.
(4) For the purpose of paragraph (2)(b), an “immediate detriment remedy” has been obtained in relation to a person’s remediable service if either of the conditions in section 68(2) or (3) of PSPJOA 2022 is met.
(5) In paragraph (2)—
“a legacy scheme election” has the meaning given in section 40 of PSPJOA 2022;
“relevant fee-paid judge” has the meaning given in section 103 of PSPJOA 2022;
“relevant service” has the meaning given in regulation 29(2) of the Judicial Pensions (Remediable Service etc.) Regulations 2023;
“remediable service” has the meaning given in section 39 of PSPJOA 2022.

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Source: https://www.legislation.gov.uk/uksi/2017/512/regulation/2 (the official version)
Page: https://openlegislation.uk/judicial-pensions-additional-voluntary-contributions-regulations-2017/regulation-2
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.