{
  "url": "https://openlegislation.uk/judicial-pensions-fee-paid-judges-regulations-2017/regulation-9",
  "json_url": "https://openlegislation.uk/judicial-pensions-fee-paid-judges-regulations-2017/regulation-9.json",
  "legislation": "uksi/2017/522",
  "legislation_title": "The Judicial Pensions (Fee-Paid Judges) Regulations 2017",
  "legislation_url": "https://openlegislation.uk/judicial-pensions-fee-paid-judges-regulations-2017",
  "path": "regulation/9",
  "kind": "regulation",
  "number": "9",
  "heading": "Opted-out members and active members",
  "text": "(1) A member (“P”) is an “opted-out member” of the principal scheme on any day if P—\n(a) has, on or before that day, opted out of the principal scheme under regulation 10; and\n(b) has not opted back in under regulation 11.\n(2) If P retired before these Regulations came into force and opts out under regulation 10(1)(b), P is treated as always having been an opted-out member.\n(2A) If P became a member as a consequence of amendments made to these Regulations coming into effect on 1st April 2023 and opts out on or before 31st October 2023, P is treated as always having been an opted-out member.\n(2B) If P became a member as a consequence of amendments made to these Regulations pursuant to the Judicial Pensions (Amendment) Regulations 2024 and opts out within the period of 7 months beginning with the day on which the Judicial Pensions (Amendment) Regulations 2024 came into force, P is treated as always having been an opted-out member.\n(3) P is an “active member” of the principal scheme on any day if—\n(a) P is not an opted-out member;\n(b) P holds an eligible fee-paid judicial office on that day; and\n(c) if P had received a fee in P's capacity as a holder of that office in respect of that day, the day would have been a qualifying fee-paid day or a service credit day.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Reg. 9(2A) inserted (1.4.2023) by The Judicial Pensions (Fee-Paid Judges) (Amendment) Regulations 2023 (S.I. 2023/403), regs. 1(1), 10(a)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Reg. 9(2B) inserted (17.12.2024) by The Judicial Pensions (Amendment) Regulations 2024 (S.I. 2024/1358), regs. 1(1), 10"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in reg. 9(3)(c) inserted (1.4.2023) by The Judicial Pensions (Fee-Paid Judges) (Amendment) Regulations 2023 (S.I. 2023/403), regs. 1(1), 10(b)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2017/522/regulation/9",
    "retrieved_at": "2026-10-31T10:31:24.532822+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}