OpenLegislation

Regulation 125 Forfeiture: relevant monetary obligations and relevant monetary lossesI1

United Kingdom

(1)

If a member (P) owes a relevant monetary obligation or has caused a relevant monetary loss, the appropriate Minister may, in agreement with the relevant head of jurisdiction and to the extent that they both consider appropriate, withhold benefits payable to P under this scheme.

(2)

The appropriate Minister may not withhold more than the lesser of—

(a)

the amount of the relevant monetary obligation or relevant monetary loss; and

(b)

the value of P’s entitlement to benefits.

(3)

The appropriate Minister may only withhold benefits if—

(a)

there is no dispute as to the amount of the relevant monetary obligation or relevant monetary loss; or

(b)

the relevant monetary obligation or relevant monetary loss is enforceable as follows—

(i)

under an order of a competent court;

(ii)

in consequence of an award of an arbitrator;

(iii)

in Scotland, in consequence of an award of an arbiter appointed (failing agreement between the parties) by the sheriff.

(4)

In this regulation—

  • “relevant monetary obligation” means a monetary obligation which—

    1. (a)

      was incurred to the Crown or P’s employer (if different);

    2. (b)

      was incurred after P became an active member of this scheme;

    3. (c)

      arose out of P’s criminal or fraudulent act or omission; and

    4. (d)

      arose out of or was connected with service in a qualifying judicial office in respect of which P is a member of this scheme.

  • “relevant monetary loss” means a monetary loss which—

    1. (a)

      was caused to this scheme; and

    2. (b)

      arose as a result of P’s criminal or fraudulent act or omission.

Annotations

Commencement

I1

Reg. 125 in force at 1.4.2022, see reg. 1(4)