Regulation 23 Ill-health certification condition

(1)

The ill-health certification condition is met in relation to F1P if the appropriate Minister—

(a)

has received a medical certificate—

(i)

stating that P has suffered a permanent breakdown in health that makes P incapable of discharging the duties of the judicial office or offices which P held immediately before retirement; or

(ii)

(where P retired due to ill-health before the commencement day F2or, as applicable, before the amendment day), stating that at the date on which P had retired, P had suffered a permanent breakdown in health that made P incapable of discharging the duties of the judicial office or offices which P held immediately before retirement;

(b)

is satisfied as to the matters contained in that certificate; and

(c)

has, where the appropriate Minister is the Lord Chancellor, consulted—

(i)

the Lord Chief Justice of England and Wales (if P held a judicial office in England and Wales);

(ii)

the Lord Chief Justice of Northern Ireland (if P held a judicial office in Northern Ireland).

(2)

For the purposes of this regulation P's breakdown in health is “permanent” if it is likely to continue until—

(a)

the day on which P reaches the age of 65; or

(b)

if later, the day on which, if P had not retired, P would have completed 5 years' qualifying judicial service.

(3)

The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005 F3) to exercise any of his or her functions under this regulation.

(4)

The Lord Chief Justice of Northern Ireland may nominate—

(a)

the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002 F4, or

(b)

a Lord Justice of Appeal (as defined in section 88 of that Act F5),

to exercise any of his or her functions under this regulation.

Annotations

Textual amendments

F1: Word in reg. 23(1) substituted (1.4.2023) by The Judicial Pensions (Fee-Paid Judges) (Amendment) Regulations 2023 (S.I. 2023/403), regs. 1(1), 24(a)
F2: Words in reg. 23(1)(a)(ii) inserted (1.4.2023) by The Judicial Pensions (Fee-Paid Judges) (Amendment) Regulations 2023 (S.I. 2023/403), regs. 1(1), 24(b)
F3: 2005 c.4. Section 109 was amended by paragraph 63 of Schedule 8 to the Tribunals, Courts and Enforcement Act 2007 (c.15).
F4: 2002 c.26. Schedule 1 was amended by paragraph 122 of Schedule 5 to the Constitutional Reform Act 2005 (c.4); paragraph 35 of Schedule 4 to the Northern Ireland Act 2009 (c.3); Part 1 of Schedule 23 to the Tribunals, Courts and Enforcement Act 2007; S.I. 2005/1117; S.I. 2009/56; S.R. 2006/469.
F5: Section 88 was amended by paragraph 14(3) of the Schedule to the Department of Justice Act (Northern Ireland) 2010 (c.3) and paragraph 2 of Schedule 6 to the Public Services Ombudsman Act (Northern Ireland) 2016 (c.4 (N.I.).

Notes on Part 3

Textual amendments

F1: Words in Pt. 3 heading inserted (1.4.2023) by The Judicial Pensions (Fee-Paid Judges) (Amendment) Regulations 2023 (S.I. 2023/403), regs. 1(1), 13

Modifications

C1: Pts. 1-11 restricted (10.3.2022 for specified purposes, 1.4.2022 in so far as not already in force) by Public Service Pensions and Judicial Offices Act 2022 (c. 7), ss. 90, 131(1)(2)(f)