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Regulation 3 Judicial office, retirement and partial retirement

(1)

In these Regulations—

(a)

“judicial office” means an office specified in column 1 of F1any of the tables in Schedule 1 (“a specified office”), an office which has been replaced by a specified office, or an office specified in Schedule 1 to the Judicial Pensions and Retirement Act 1993 F2;

(b)

“fee-paid judicial office” means a judicial office held by a person whose service in that office is remunerated by the payment of fees (as opposed to the payment of salary).

(2)

For the purposes of these Regulations, a fee-paid judicial office held by a person (“P”) is an “eligible fee-paid judicial office” if P satisfies the conditions for membership of the principal scheme under regulation 8(1) or (5) (members) in respect of that office.

(3)

For the purposes of these Regulations, P “retires” at the time when P, having held one or more judicial offices—

(a)

ceases to hold all such offices, other than by reason of P's death; and

(b)

is not immediately afterwards appointed to another judicial office.

(4)

In these Regulations, a reference to a member taking “partial retirement” in respect of a fee-paid judicial office is to the member giving notice in relation to that office under regulation 27(2).

Annotations

Textual amendments

F1

Words in reg. 3(1)(a) substituted (1.4.2023) by The Judicial Pensions (Fee-Paid Judges) (Amendment) Regulations 2023 (S.I. 2023/403), regs. 1(1), 4

F2

Schedule 1 was amended by paragraphs 39 and 40 of Schedule 11 to the Access to Justice Act 1999 (c.22); section 37 of, and paragraphs 226 and 229 of Schedule 4 to the Constitutional Reform Act 2005 (c.4); S.I. 2015/109.

Notes on Part 1

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)