Section 12 Transfer of rights under judicial pension schemes.F4

United Kingdom

(1)

Where this Part begins to apply to a person by virtue of paragraph (b), (c) F1, (d) or (e) of section 1(1) above F2or by virtue of paragraph 11(4) of Schedule 9 to the Tribunals, Courts and Enforcement Act 2007—

(a)

any relevant rights of his shall be transferred to the scheme constituted by this Part; and

(b)

F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)

Regulations may make provision—

(a)

for calculating, whether by actuarial assessment or otherwise, the amount or value of the rights transferred under subsection (1) above, and

(b)

prescribing the manner in which those rights are to be given effect under this Part,

and, without prejudice to the generality of paragraph (b) above, regulations under that paragraph may provide for those rights to be so given effect by crediting the person in question with such service on or after the relevant day as may be prescribed.

(3)

For the purposes of this section—

(a)

a person’s “relevant rights” are his accrued rights to benefit under any judicial pension scheme constituted otherwise than by or under this Act; but

(b)

rights under—

(i)

the principal civil service pension scheme, or

(ii)

the principal civil service pension scheme for the civil service of Northern Ireland,

shall not be regarded as relevant rights for the purposes of this section unless at least some of the person’s service which was subject to the scheme in question was service in qualifying judicial office and, in that event, all his rights under that scheme shall be regarded as relevant rights.

(4)

In this section—

“prescribe” means prescribe in regulations;
“regulations” means regulations made by the appropriate Minister with the concurrence of the Treasury;
“the relevant day”, in relation to any person, means the day on which this Part first applies to him.

Annotations

Textual amendments

F1: Words in s. 12(1) substituted (3.11.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 48(2), 148(5), Sch. 9 para. 17(1)(a); S.I. 2008/2696, art. 5(d) (with art. 3)
F2: Words in s. 12(1) inserted (3.11.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 48(2), 148(5), Sch. 9 para. 17(1)(b); S.I. 2008/2696, art. 5(d) (with art. 3)
F3: S. 12(1)(b) repealed (3.11.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 48(2),146, 148(5), Sch. 9 para. 17(1)(c), {Sch. 23 Pt. 1}; S.I. 2008/2696, art. 5(d)(i)(ii) (with art. 3)
F4: S. 12: words in side-note substituted (3.11.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 48(2), 148(5), Sch. 9 para. 17(2); S.I. 2008/2696, art. 5(d) (with art. 3)

Notes on Part I

Modifications

C1

Pt. I (ss. 1-18) applied with modifications (31.3.1995) by 1967 c. 13, Sch. 1 para. 4(1) (as substituted (31.3.1995) by 1993 c. 8, s. 25, Sch. 4 Pt. II para. 2); S.I. 1995/631, art. 2)

Pt. I (ss. 1-18) applied with modifications (31.3.1995) by S.I. 1987/460 (N.I. 5), art. 4A (as inserted (31.3.1995) by 1993 c. 8, s. 25, Sch. 4 Pt. IV para. 5(4)); S.I. 1995/631, art. 2

Pt. I (ss. 1-18) applied with modifications (31.3.1995) by 1969 c. 10 (N.I.), Sch. 1A para. 4(1) (as inserted (31.3.1995) by 1993 c. 8, s. 25, Sch. 4 Pt. V para. 6(6); S.I. 1995/631, art. 2)

Pt. I (ss. 1-18) applied (31.3.1995) by S.I. 1995/639, reg. 4.11(1)

Pt. I (ss. 1-18) extended (16.7.1996) by S.I. 1996/1297 (N.I. 7), art. 4(4), Sch. 1, para. 6(1)

Pt. I (ss. 1-18) extended (with modifications) (except ss. 1(1)-(4), 2) (16.7.1996) by S.I. 1996/1297 (N.I. 7), art. 4(4), Sch. 1 para. 6(2)(3)(4)

Pt. I (ss. 1-18) extended (with modifications) (except ss. 1(1)-(4), 2) (16.7.1996) by S.I. 1996/1298 (N.I. 8), art. 5(4), Sch. 1 para. 6(2)(3)(4)

Pt. I (ss. 1-18) extended (16.7.1996) by S.I. 1996/1298 (N.I. 8), art. 5(4), Sch. 1 para. 6(1)

C2

Pt. 1 applied (3.11.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 48(2), 148(5), Sch. 9 para. 11(4)(5); S.I. 2008/2696, art. 5(d) (with art. 3)