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Judicial Pensions and Retirement Act 1993 in Scotland

1993 c. 8 · Enacted 29 March 1993 · Extends to United Kingdom

Not fully up to date. 4 changes made by later legislation have not yet been written into this text, which is revised to 1 October 2026.

See the changes not yet applied
ProvisionChangeMade by
Sch. 5words repealedCare Standards Act 2000 Sch. 6
Sch. 6 para. 55repealedCare Standards Act 2000 Sch. 6
Sch. 7 para. 5(5)(xxxi)repealedCare Standards Act 2000 Sch. 6
Sch. 1 Pt. 2entry insertedCoroners and Justice Act 2009 Sch. 21 para. 31

An Act to make further provision with respect to the pensions and other benefits payable in respect of service in certain judicial, and related, offices and in certain senior public investigative offices; to amend the law relating to the date on which the holders of certain judicial, and related, offices are required to vacate those offices; and for purposes connected therewith.

[29th March 1993]

C1E1C2C3C4C5Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Annotations to the whole text

Modifications

C1

Power to amend Act conferred (31.3.1995) by S.I. 1986/1888 (N.I. 18), art.18(3)(l) (as added (31.3.1995) by 1993 c. 8, s. 31, Sch. 8 para. 19(2); S.I. 1995/631, art. 2)

Power to amend Act conferred (9.11.1998) by 1998 c. 42, s. 18(6), Sch. 4 paras. 3, 4 (with ss. 7(8), 22(5))

Power to modify Act conferred (7.2.1994) by 1993 c. 48, ss. 188-190, 191, Sch. 6 Pt. II para. 17(2)(3)(j), Sch. 9 para. 7; S.I. 1994/86, art. 2

C2

Power to modify Act conferred (N.I.) (7.2.1994) by 1993 c. 49, ss. 182, 183, 184, Sch. 5 Pt. II para. 17(2)(3)(l) (with Sch. 8 para. 8(3)); S.R. 1994/17

Act modified (27.9.1999) by 1999 c. 22, ss. 68(3)(b), 108(3) (with s. 107, Sch. 14 para. 7(2))

Power to amend Act conferred (11.11.1999) by 1999 c. 30, ss. 43, 89(5)

Act: power to amend conferred (1.9.2001) by 2001 c. 17, s. 1(3), Sch. 1 para. 7(5)(b) (with s. 78); S.I. 2001/2161, art. 2 (subject to art. 3)

C3

Act modified (19.12.2003) by The Judicial Pensions (Election against Benefits) Regulations 2003 (S.I. 2003/2916), reg. 2(1) (with reg. 2(3))

C4

Act modified (19.12.2003) by The Judicial Pensions (Election against Benefits) Regulations 2003 (S.I. 2003/2916), reg. 2(2) (with reg. 2(3))

C5

Act modified (9.2.2005) by The Enterprise Act 2002 (Judicial Pensions and Retirement Act 1993) (Consequential Amendment) Order 2005 (S.I. 2005/53), art. 2(2)

Extent

E1

Act extends to U.K. but for exceptions see s. 31(5)-(7)

Contents

  1. Part I: New Arrangements for Judicial Pensions
  2. Application of Part I
  3. 1Persons to whom this Part applies.
  4. Pensions for judicial officers
  5. 2The judicial officer’s entitlement to a pension.
  6. 3The appropriate annual rate.
  7. Derivative benefits
  8. 4Lump sum on the judicial officer’s retirement or death.
  9. 5Surviving spouse’s and surviving civil partner's pension.
  10. 6Grant and payment of a children’s pension.
  11. 7Children’s pension: meaning of “period of childhood and full-time education”.
  12. 8Rate of children’s pension.
  13. 9Contribution towards cost of surviving spouse’s , surviving civil partner's and children’s pension.
  14. Contributions
  15. 9AContributions towards cost of judicial pension etc
  16. Additional voluntary contributions
  17. 10Additional benefits from voluntary contributions.
  18. Relationship with other pension schemes
  19. 11Provision against pensions under two or more judicial pension schemes.
  20. 12Transfer of rights under judicial pension schemes.
  21. 12ATransfer of rights under other public service pension schemes
  22. 12BRate of pension etc. where rights transferred under section 12 or 12A
  23. 13Election for personal pension instead of judicial pension.
  24. Supplemental provisions
  25. 14Application of this Part to holders of the office of Lord Chancellor.
  26. 15Circuit judges: the Recorder of London and the Common Serjeant.
  27. 16Disregard of abatement of pension under s.65 of the Social Security Act 1973 etc.
  28. 17Effect of certain nullity decrees.
  29. 18Continuity of tax treatment. Repealed
  30. Part 1A: FEE-PAID JUDGES
  31. 18APension scheme for fee-paid judges
  32. Part II: Miscellaneous, General and Supplementary Provisions
  33. Additional benefits in respect of disregarded earnings
  34. 19Benefits in respect of earnings in excess of pension-capped salary.
  35. General provisions connected with the new schemes
  36. 20Appeals.
  37. 22Application of the Pensions (Increase) Act 1971.
  38. 23Transfer of accrued benefits.
  39. 23APension credits
  40. 24Corresponding minor amendments to other enactments.
  41. Pensions for senior public investigative officers
  42. 25The Comptroller and Auditor General and the Parliamentary and Health Service Commissioners etc.
  43. Retirement date for certain judicial officers etc
  44. 26Retirement date for holders of certain judicial offices etc.
  45. 27Completion of proceedings after retirement.
  46. Miscellaneous and supplementary provisions
  47. 28Payments charged on Consolidated Fund etc.
  48. 28ANorthern Ireland
  49. 29Regulations and orders.
  50. 30Interpretation.
  51. 31Short title, supplementary provisions and extent.
  52. Schedule 1: The offices which may be qualifying judicial offices
  53. Part I: Judges
  54. Paragraph
  55. Part II: Other appointments
  56. Court officers
  57. Paragraph
  58. Members of tribunals
  59. Paragraph
  60. Other offices whose holders are appointed by the Lord Chancellor
  61. Paragraph
  62. Other offices
  63. Paragraph
  64. Schedule 1A: SURVIVING CIVIL PARTNER'S PENSION: TRANSITIONAL PROVISIONS
  65. Part: The commencement date
  66. 1Paragraph 1
  67. Part: Service wholly before the commencement date
  68. 2Paragraph 2
  69. Part: Service partly before and partly on the commencement date
  70. 3Paragraph 3
  71. Schedule 2: Transfer of accrued benefits
  72. Part I: General
  73. Interpretation
  74. 1Paragraph 1
  75. Regulations
  76. 2Paragraph 2
  77. Other provisions about transfer values
  78. 3Paragraph 3
  79. Part II: Transfers out
  80. Qualifying members
  81. 4Paragraph 4
  82. Qualifying member’s right to a transfer payment
  83. 5Paragraph 5
  84. Method of taking cash benefit
  85. 6Paragraph 6
  86. Calculation of cash equivalents
  87. 7Paragraph 7
  88. Time within which option must be exercised
  89. 8Paragraph 8
  90. Option to be exercised in writing
  91. 9Paragraph 9
  92. Cancellation of exercise of option
  93. 10Paragraph 10
  94. Part III: Transfers in
  95. Application to accept payment into scheme
  96. 11Paragraph 11
  97. Cancellation of request
  98. 12Paragraph 12
  99. Regulations
  100. 13Paragraph 13
  101. Schedule 2A: PENSION CREDITS
  102. 1Paragraph 1
  103. 2Paragraph 2
  104. Schedule 3: Corresponding minor amendments to other pensions enactments
  105. Part I: Amendments of the 1981 Act
  106. Dependent children: maximum allowable remuneration
  107. 1Paragraph 1
  108. Appeals
  109. 2Paragraph 2
  110. Additional voluntary contributions
  111. 3Paragraph 3
  112. Part II: Amendment of the Sheriffs’ Pensions (Scotland) Act 1961
  113. Appeals
  114. 4Paragraph 4
  115. Interpretation
  116. 5Paragraph 5
  117. Dependent children: maximum allowable remuneration
  118. 6Paragraph 6
  119. Appeals
  120. 7Paragraph 7
  121. Additional voluntary contributions
  122. 8Paragraph 8
  123. Schedule 4: Pensions for senior public investigative officers
  124. Part I: The Comptroller and Auditor General
  125. 1Paragraph 1
  126. Part II: The Parliamentary Commissioner for Administration
  127. 2Paragraph 2
  128. Part III: The Health Service Commissioners
  129. The Health Service Commissioner for Scotland
  130. 4Paragraph 4
  131. 5Paragraph 5
  132. Schedule 5: Retirement provisions: the relevant offices
  133. Paragraph
  134. Schedule 6: Retirement dates for certain judicial offices
  135. The Judicial Committee of the Privy Council
  136. 1Paragraph 1 Repealed
  137. Lords of Appeal
  138. 2Paragraph 2 Repealed
  139. Lords of Appeal in Ordinary and senior judges in Scotland and Northern Ireland
  140. 4Paragraph 4
  141. 5Paragraph 5
  142. Temporary Judges of the Court of Session
  143. 6Paragraph 6 Repealed
  144. 7Paragraph 7
  145. 8Paragraph 8
  146. 9Paragraph 9
  147. Sheriffs
  148. 10Paragraph 10 Repealed
  149. Temporary sheriffs
  150. 11Paragraph 11 Repealed
  151. 12Paragraph 12
  152. 13Paragraph 13
  153. 15Paragraph 15 Repealed
  154. 16Paragraph 16
  155. 17Paragraph 17
  156. 18Paragraph 18
  157. 20Paragraph 20
  158. Social security: Commissioners, and the President and chairmen of appeal tribunals
  159. 21Paragraph 21 Repealed
  160. Social security: Commissioners, and the President and chairmen of appeal tribunals in Northern Ireland
  161. 22Paragraph 22
  162. Child support: Commissioners and chairmen of appeal tribunals
  163. 23Paragraph 23
  164. Chairman of the Foreign Compensation Commission
  165. 25Paragraph 25
  166. 29Paragraph 29 Repealed
  167. Members of the Employment Appeal Tribunal
  168. 30Paragraph 30 Repealed
  169. The Lands Tribunal and the Lands Tribunal for Scotland
  170. 31Paragraph 31
  171. 32Paragraph 32
  172. Judge Advocate of Her Majesty’s Fleet
  173. 33Paragraph 33 Repealed
  174. Judge Advocate General and related offices
  175. 34Paragraph 34
  176. Value added tax tribunals
  177. 35Paragraph 35 Repealed
  178. Special, and deputy Special, Commissioners for Income Tax
  179. 36Paragraph 36 Repealed
  180. President or other member of the Immigration Appeal Tribunal
  181. 37Paragraph 37 Repealed
  182. Immigration adjudicators
  183. 38Paragraph 38 Repealed
  184. Pensions Appeal Tribunals
  185. 39Paragraph 39
  186. 40Paragraph 40
  187. The Financial Services Tribunal
  188. 41Paragraph 41 Repealed
  189. Tribunals and advisory bodies under the Misuse of Drugs Act 1971
  190. 42Paragraph 42
  191. Restrictive Practices Court
  192. 43Paragraph 43 Repealed
  193. Tribunals constituted under section 706 of the Income and Corporation Taxes Act 1988
  194. 44Paragraph 44 Repealed
  195. Arbitrator appointed under the Agricultural Holdings Act 1986
  196. 45Paragraph 45 Repealed
  197. 46Paragraph 46
  198. The Aircraft and Shipbuilding Industries Arbitration Tribunal
  199. 47Paragraph 47 Repealed
  200. Chairman of a tribunal established by section 29 of the Betting, Gaming and Lotteries Act 1963
  201. 48Paragraph 48
  202. The Copyright Tribunal
  203. 49Paragraph 49
  204. The Data Protection Tribunal
  205. 50Paragraph 50
  206. President of a tribunal constituted under Schedule 3 to the Industry Act 1975
  207. 52Paragraph 52
  208. Tribunal constituted under Schedule 9 to the National Health Service Act 1977
  209. 53Paragraph 53 Repealed
  210. Chairman of the Plant Varieties and Seeds Tribunal
  211. 54Paragraph 54 Repealed
  212. 55Paragraph 55 Repealed
  213. 56Paragraph 56
  214. The Transport Tribunal
  215. 57Paragraph 57
  216. Tribunal established under section 9 of the Wireless Telegraphy Act 1949
  217. 58Paragraph 58 Repealed
  218. Wreck commissioner
  219. 59Paragraph 59 Repealed
  220. Chairman of a Reinstatement Committee
  221. 60Paragraph 60
  222. Tribunals constituted for the purposes of section 150(4) of the Mines and Quarries Act 1954
  223. 61Paragraph 61 Repealed
  224. Courts of inquiry under section 52 of the Merchant Shipping Act 1970
  225. 62Paragraph 62 Repealed
  226. Chairman of a tribunal constituted under section 47 of the Building Societies Act 1986
  227. 64Paragraph 64 Repealed
  228. Chairman of a tribunal constituted under section 28 of the Banking Act 1987
  229. 65Paragraph 65 Repealed
  230. Arbitrators appointed under Schedule 10 to the Electricity Act 1989
  231. 66Paragraph 66 Repealed
  232. Chairman of a tribunal constituted under section 59 of the Friendly Societies Act 1992
  233. 68Paragraph 68 Repealed
  234. Schedule 7Retirement dates: transitional provisions
  235. Interpretation
  236. 1Paragraph 1
  237. Salaried offices
  238. 2Paragraph 2 Repealed
  239. Fee-paid offices
  240. 3Paragraph 3 Repealed
  241. Persons holding a relevant office by virtue of a continuation power
  242. 4Paragraph 4 Repealed
  243. Ascertainment of potential retirement date
  244. 5Paragraph 5 Repealed
  245. Schedule 8: Minor and consequential amendments
  246. The Courts-Martial (Appeals) Act 1951
  247. 1Paragraph 1
  248. 2Paragraph 2
  249. 3Paragraph 3
  250. The Foreign Compensation Act 1962
  251. 4Paragraph 4
  252. 5Paragraph 5
  253. The Superannuation Act 1965
  254. 6Paragraph 6
  255. 7Paragraph 7
  256. The Taxes Management Act 1970
  257. 8Paragraph 8
  258. The Immigration Act 1971
  259. 9Paragraph 9
  260. 10Paragraph 10
  261. 11Paragraph 11
  262. The Social Security Pensions Act 1975
  263. 12Paragraph 12 Repealed
  264. 14Paragraph 14
  265. The Supreme Court Act 1981
  266. 15Paragraph 15
  267. The Value Added Tax Act 1983
  268. 16Paragraph 16 Repealed
  269. 17Paragraph 17
  270. The Social Security Act 1986
  271. 18Paragraph 18 Repealed
  272. The Criminal Justice Act 1988
  273. 20Paragraph 20
  274. The Child Support Act 1991
  275. 21Paragraph 21
  276. The Social Security Administration Act 1992
  277. 23Paragraph 23 Repealed
  278. Schedule 9Repeals and revocations