The Judicial Pensions (Election against Benefits) Regulations 2003

• Citation: S.I. 2003/2916
• Sections: 4

Section 1 Citation and commencement

These Regulations may be cited as the Judicial Pensions (Election against Benefits) Regulations 2003 and shall come into force on 19th December 2003.

Section 2 Transitional provisions

(1) Every reference in the Judicial Pensions Act 1981 or the Judicial Pensions and Retirement Act 1993 to an election made under section 14A(3)(b) of the Judicial Pensions Act 1981 shall be construed as including every election made under that section, whether before or after the coming into force of these Regulations.

(2) Every reference in the Judicial Pensions and Retirement Act 1993 to an election made under section 13 of that Act shall be construed as including every election made under that section, whether before or after the coming into force of these Regulations.

(3) Every election made under one of the sections cited in the preceding paragraphs before the coming into force of these Regulations shall for so long as it remains in force have the same effect as if it had been made under the respective section as modified by these Regulations.

Section 3 Modification of the Judicial Pensions Act 1981

(1) The Judicial Pensions Act 1981 shall have effect subject to the following modifications.

(2) In section 14A(2) the definition of “personal pension scheme” shall be omitted.

(3) For section 14A(3)(b) there shall be substituted—

(b) be entitled at any time to serve on the Minister a written notice of election not to be a member of the relevant judicial pension scheme, to take effect on a date not less than one month after the date on which it was served.

Section 4 Modification of the Judicial Pensions and Retirement Act 1993

(1) The Judicial Pensions and Retirement Act 1993 shall have effect subject to the following modifications.

(2) For section 13(1) there shall be substituted—

(1) A person to whom this Part applies, or to whom it would apply but for this section, may at any time serve on the appropriate Minister a written notice of election that this Part should not apply to him.

(1A) A person appointed to a qualifying judicial office may, at any time before beginning to serve in that office, serve on the appropriate Minister a written notice of election that this Part should not apply to him in relation to that office.

(1B) An election under this section—

(a) if made by notice under subsection (1) above, shall take effect on the date specified in the notice, which shall be not less than one month after service of the notice;

(b) if made by notice under subsection (1A) above, shall take effect when the person appointed begins to serve in that office.

(3) In section 13(9)—

(a) in the definition of “corresponding provisions”, for the words from “confers” to “pension scheme” there shall be substituted “confers a right on a person to elect that this Part shall not apply to him”; and

(b) the definition of “personal pension scheme” shall be omitted.