# The Judicial Pensions (Remediable Service etc.) Regulations 2023, Regulation 45: Scheme rules that prohibit unauthorised payments

Extent: E+W+S+N.I.

(1) Paragraph (2) applies where—
(a) a payment from a judicial scheme is permitted or required to be made under this Part,
(b) the payment, if made, would be an unauthorised payment, and
(c) a rule of the scheme prohibits the scheme from making unauthorised payments.
(2) The payment may be made only if it falls within a description of payments that correspond to a description of payments specified for the purposes of section 63 of PSPJOA 2022 in Treasury directions.
(3) Paragraph (4) applies where—
(a) in the course of taking the steps mentioned in regulation 32 (requirement to transfer assets held in a partnership pension account) a payment is made from a partnership pension account,
(b) the payment, if made, would be an unauthorised payment, and
(c) a rule of the scheme prohibits the scheme from making unauthorised payments.
(4) The payment may be made notwithstanding the rule mentioned in paragraph (3)(c).

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Source: https://www.legislation.gov.uk/uksi/2023/766/regulation/45 (the official version)
Page: https://openlegislation.uk/judicial-pensions-remediable-service-etc-regulations-2023/regulation-45
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.