Explanatory note

(This Note is not part of the Order)

This Order supersedes, in relation to England and Wales, to Scotland and to the Supreme Court of Northern Ireland, and reproduces the effect of, earlier Orders which modified the schemes relating to certain judicial pensions so as to make the changes required in order to meet the contracting-out requirements laid down by the Social Security Pensions Act 1975. Articles 6 and 7 confer on an office-holder and on his widow entitlement to pensions based on the final salary of the office-holder and his years of service up to pensionable age (65 for men, 60 for women) after 6th April 1978. The pensions are not to be less than the minimum guaranteed by Articles 8 and 9, and there will be occasions where the guaranteed minimum only will be payable (such as under Article 8(2)(a) or 12). Article 10 provides a mode of ascertainment of final salary for the purposes of the Order, and Article 11 provides arrangements for the payment of contributions in respect of widows' pensions that may become payable by virtue of the Order where the office-holder marries after retirement. The remaining Articles are explanatory and supplementary. Save that the rights conferred by Articles 6 and 7 do not apply, except so far as they relate to guaranteed minimum pensions, to an office-holder first appointed after 31st March 1987, the Order makes no change of substance.

The Order does not apply in the case of any person who ceases to hold office before 1st April 1987, the date on which it comes into operation. The earlier Orders will continue to apply in such a case.