Paragraph 5

(1)

F1... Sub-paragraphs (3) and (4) apply where the person has a personal retirement date under either or both of paragraphs 6 and 7.

(2)

In sub-paragraphs (3) and (4) F2...—

(a)

if the person has a personal retirement date under just one of paragraphs 6 and 7 or has the same personal retirement date under each of those paragraphs, “the special date” means that date;

(b)

if the person has a personal retirement date under each of those paragraphs and those dates are different, “the special date” means the later of those dates.

(3)

Subsection (1) of section 26 of the 1993 Act shall have effect (subject to the following provisions of that section) as if it provided for the person to vacate the relevant judicial office on the special date.

(4)

The special date is to be taken for the purposes of that section to be the compulsory retirement date for the relevant judicial office in the person's case.

Annotations

Textual amendments

F1: Words in Sch. 9 para. 5(1) omitted (10.3.2022) by virtue of Public Service Pensions and Judicial Offices Act 2022 (c. 7), s. 131(1)(4)(a), Sch. 1 para. 36(6)(a)(ii) (with Sch. 1 para. 43)
F2: Words in Sch. 9 para. 5(2) omitted (10.3.2022) by virtue of Public Service Pensions and Judicial Offices Act 2022 (c. 7), s. 131(1)(4)(a), Sch. 1 para. 36(6)(a)(iii) (with Sch. 1 para. 43)

Notes on Retirement later than age 75 in certain cases where office previously held in another tribunal

Textual amendments

F1: Word in Sch. 9 para. 5 cross-heading substituted (10.3.2022) by Public Service Pensions and Judicial Offices Act 2022 (c. 7), s. 131(1)(4)(a), Sch. 1 para. 36(6)(a)(i) (with Sch. 1 para. 43)