Article 5 Amendment of article 4

in paragraph (3)(a) for “articles 5 to 7” substitute “articles 5, 6 and 7”;

after paragraph (3) insert—

“(4)

Articles 5A, 6 and 9 of this Order apply, for the purposes of the 2022 Regulations, to an ECHR judge who, immediately before being appointed as an ECHR judge, was a member of the judicial pension scheme constituted by the 2022 Regulations and who, upon being appointed as an ECHR judge, elects not to become a member of the pension scheme offered by the Council of Europe in accordance with Article 10 of the 2009 Resolution.

(5)

Where the ECHR judge becomes a member of the pension scheme offered by the Council of Europe in accordance with Article 10 of the 2009 Resolution, that judge shall be deemed to have opted out of the scheme constituted by the 2022 Regulations in accordance with regulation 14 of the 2022 Regulations.”.