1. These Regulations may be cited as the Pensions Increase (Judicial Pensions) (Amendment) Regulations 1974, and shall come into operation on 10th July 1974.

2.-(1) In these Regulations-

"the 1971 Act" means the Pensions (Increase) Act 1971;

"judicial pension" means any of the pensions specified in Schedule 2 to these Regulations;

"the principal Regulations" means the Pensions Increase (Judicial Pensions) Regulations 1972(1);

"the 1973 Regulations" means the Pensions Increase (Judicial Pensions) (Amendment) Regulations 1973(2)

(2) The Interpretation Act 1889 shall apply for the interpretation of these Regulations as it applies for the interpretation of an Act of Parliament.

3.-(1) The 1971 Act shall have effect in relation to a pension payable under section 19 of the Courts Act 1971 (Circuit judges) as if such a pension were specified in Part I of Schedule 2 to the 1971 Act, but the 1971 Act shall apply to such a pension subject to the modifications specified in the principal Regulations as amended by the 1973 Regulations and these Regulations.

(2) Any increase of pension payable by virtue of this Regulation shall take effect from 1st April 1973.

4. The provisions of the Schedule to the principal Regulations (as substituted by Regulation 5(1)(b) of the 1973 Regulations) shall have effect subject to the amendments specified in Schedule 1 to these Regulations for the purpose of calculating pension increases payable in respect of periods beginning not earlier than the effective dates respectively specified in the said Schedule 1 in relation to those amendments and ending not later than 30th November 1973.

5.-(1) The principal Regulations, as amended by the 1973 Regulations, shall be further amended-

(a)by substituting, in Regulation 4(2) thereof, for the words "a judicial pension" the words "a pension specified in paragraph 1 of the Schedule to these Regulations".

(b)by substituting, in Regulation 5(1)(b) thereof, for the figures "1.2968" the figures "1.4174", and

(c)by substituting for the provisions of the Schedule thereto the provisions of Schedule 2 to these Regulations.

(2) Any increase of pension payable by virtue of this Regulation shall take effect from 1st December 1973.

6.-(1) This Regulation applies to any judicial pension except a pension specified in paragraph 1 of Schedule 2 to these Regulations.

(2) Where a pension to which this Regulation applies begins on or before the relevant date, any Order made under section 2 of the 1971 Act in respect of the review period ending with 30th June 1974 or any subsequent review period shall apply in relation to the pension, but for the purpose of calculating the increase of the pension under any such Order the amount of the increase under the principal Regulations as amended by these Regulations shall be treated as if it were an increase under section 1 of the 1971 Act or under the Pensions Increase (Annual Review) Order 1972 or the Pensions Increase (Annual Review) Order 1973(3)

(3) The principal Regulations shall not apply to any pension to which this Regulation applies and which begins after the relevant date, and accordingly the 1971 Act shall apply without modification to such a pension.

(4) In this Regulation "relevant date" means-

(a)in relation to a pension specified in paragraph 2, 3, 4 or 5 of Schedule 2 to these Regulations, 26th July 1972,

(b)in relation to a pension specified in paragraph 17 of Schedule 2 to these Regulations, 17th July 1972, and

(c)in relation to any other pension to which this Regulation applies, 1st July 1972.

Regulation 4

SCHEDULE 1AMENDMENTS TO THE SCHEDULE TO THE PRINCIPAL REGULATIONS IN THEIR APPLICATION TO INCREASES PAYABLE FOR PERIODS BEFORE 1ST DECEMBER 1973

1.-(1) In paragraph 2 of the Schedule to the principal Regulations-

(a)for the first entry in the table substitute the following entry:-

(b)for the last entry in the table substitute the following entry:-

(2) Any increase of pension payable by virtue of this paragraph shall take effect from 26th July 1973.

2.-(1) In paragraph 3 of the Schedule to the principal Regulations-

(a)for the first entry in the table substitute the following entry:-

(b)for the last entry in the table substitute the following entry:-

(2) Any increase of pension payable by virtue of this paragraph shall take effect from 26th July 1973.

3.-(1) In paragraph 4 of the Schedule to the principal Regulations, for the first entry in the table substitute the following entry:-

(2) Any increase of pension payable by virtue of this paragraph shall take effect from 26th July 1973.

4.-(1) In paragraph 5 of the Schedule to the principal Regulations-

(a)for the first entry in the table substitute the following entry:-

(b)for the last entry in the table substitute the following entry:-

(2) Any increase of pension payable by virtue of this paragraph shall take effect from 26th July 1973.

5.-(1) In paragraph 6 of the Schedule to the principal Regulations-

(a)for sub-paragraph (b) substitute the following sub-paragraphs:-

"(b)section 19 of the Courts Act 1971 (Circuit judges); or

(c)Part I of the Administration of Justice (Pensions) Act 1950(4) in respect of service of any person as a county court judge or a Circuit judge."

(b)add at the end of the table the following entry:-

(2) Any increase of pension payable by virtue of this paragraph shall take effect from 1st April 1973.

6.-(1) In paragraph 9 of the Schedule to the principal Regulations, add at the end of the table the following entry:-

(2) Any increase of pension payable by virtue of this paragraph shall take effect from 1st April 1973.

7.-(1) In paragraph 10 of the Schedule to the principal Regulations, add at the end of the table the following entry:-

(2) Any increase of pension payable by virtue of this paragraph shall take effect from 1st April 1973.

8.-(1) After paragraph 13 of the Schedule to the principal Regulations insert the following paragraph:-

"A pension payable under

13A.-(a) the Superannuation Acts 1965 and 1967 (5), as applied by section 128 of the Supreme Court of Judicature (Consolidation) Act 1925(6), section 1 of the Supreme Court of Judicature (Circuit Officers) Act 1946(7) and section 2(4) of the Criminal Justice Administration Act 1962(8), to any person in respect of service in the office of Assistant Clerk of Assize; or

(b)Part I of the Administration of Justice (Pensions) Act 1950 in respect of service of any person in that office.

(2) Any increase of pension payable by virtue of this paragraph shall take effect from 1st December 1972.

9.-(1) In paragraph 14 of the Schedule to the principal Regulations, add at the end of the table the following entry:-

(2) Any increase of pension payable by virtue of this paragraph shall take effect from 1st April 1973.

10.-(1) In paragraph 15 of the Schedule to the principal Regulations, for the last entry in the table substitute the following entry:-

(2) Any increase of pension payable by virtue of this paragraph shall take effect from 1st April 1973.

Regulation 5

SCHEDULE 2JUDICIAL PENSIONS, TOGETHER WITH TABLES GIVING MULTIPLIERS FOR DETERMINING THE AMOUNT TO WHICH PENSIONS MAY BE INCREASED WITH EFFECT FROM 1ST DECEMBER 1973

(Note: If the multiplier is not marked with an asterisk, it is to be applied to the basic rate of pension; if it is marked with an asterisk, it is to be applied to the 1971 rate.)

1. A pension payable under-

(a)the Lord Chancellor's Pension Act 1832; or

(b)Part I of the Administration of Justice (Pensions) Act 1950 in respect of service of any person as Lord Chancellor.

2. A pension payable under-

(a)Schedule 4 to the Administration of Justice Act 1973 in respect of service in the office of Lord of Appeal in Ordinary or Master of the Rolls; or

(b)Part I of the Administration of Justice (Pensions) Act 1950 in respect of service of any person as a Lord of Appeal in Ordinary or Master of the Rolls.

3. A pension payable under-

(a)Schedule 4 to the Administration of Justice Act 1973 in respect of service as a Judge of the Supreme Court in England and Wales other than the Master of the Rolls; or

(b)Part I of the Administration of Justice (Pensions) Act 1950 in respect of service of any person in which that person became or might have become eligible for a pension specified in sub-paragraph (a) above.

4. A pension payable under-

(a)the Judges' Pensions (Scotland) Act 1808 (higher judiciary in Scotland); or

(b)Part I of the Administration of Justice (Pensions) Act 1950 in respect of service of any person in an office in which that person became or might have become eligible for a pension specified in sub-paragraph (a) above.

5. A pension payable under-

(a)Schedule 4 to the Administration of Justice Act 1973 in respect of service as a Judge of the Supreme Court in Northern Ireland; or

(b)Part I of the Administration of Justice (Pensions) Act 1950 in respect of service of any person in an office in which that person became or might have become eligible for a pension specified in sub-paragraph (a) above.

6. A pension payable under-

(a)section 9 of the County Courts Act 1934 (county court judges); or

(b)section 19 of the Courts Act 1971 (Circuit judges); or

(c)Part I of the Administration of Justice (Pensions) Act 1950 in respect of service of any person as a county court judge or a Circuit judge.

7. A pension payable under-

(a)section 1 of the Sheriffs' Pensions (Scotland) Act 1961 (sheriffs principal and salaried sheriffs); or

(b)Part I of the Administration of Justice (Pensions) Act 1950 in respect of service of any person as a sheriff principal or salaried sheriff.

B: Any pension calculated by reference to a salary based on scale B of the scales of salaries for sheriffs

C: Any pension calculated by reference to a salary based on scale C of the scale of salaries for sheriffs

8. A pension payable under-

(a)section 4(5) of the Criminal Justice Administration Act 1956 (Recorder of Manchester or Liverpool); or

(b)Part I of the Administration of Justice (Pensions) Act 1950 in respect of service of any person as Recorder of Manchester or Liverpool.

9. A pension payable under-

(a)the Superannuation Acts 1965 and 1967 as applied by section 128 of the Supreme Court of Judicature (Consolidation) Act 1925, to any person in respect of service in any of the following offices:-

• Senior Master of the Supreme Court (Queen's Bench Division),

• Chief Master of the Supreme Court (Chancery Division),

• Chief Master of the Supreme Court (Taxing Office),

• Master of the Court of Protection,

• Chief Registrar, High Court in Bankruptcy,

• Senior Registrar, Probate Division; or

(b)Part I of the Administration of Justice (Pensions) Act 1950 in respect of such service as is specified in sub-paragraph (a) above.

10. A pension payable under-

(a)the Superannuation Acts 1965 and 1967, as applied by section 128 of the Supreme Court of Judicature (Consolidation) Act 1925, to any person in respect of service in any of the following offices:-

• Master of the Supreme Court (Queen's Bench Division),

• Assistant Master of the Supreme Court (Queen's Bench Division),

• Master of the Supreme Court (Chancery Division),

• Master of the Supreme Court (Taxing Office),

• Registrar, High Court in Bankruptcy,

• Registrar, Probate Division (not including a district probate registrar); or

(b)Part I of the Administration of Justice (Pensions) Act 1950 in respect of such service as is specified in sub-paragraph (a) above.

11. A pension payable under-

(a)the Superannuation Acts 1965 and 1967, as applied by section 128 of the Supreme Court of Judicature (Consolidation) Act 1925, to any person in respect of service in the office of Official Referee to the Supreme Court; or

(b)Part I of the Administration of Justice (Pensions) Act 1950 in respect of service of any person in that office.

12. A pension payable under-

(a)the Superannuation Acts 1965 and 1967, as applied by section 128 of the Supreme Court of Judicature (Consolidation) Act 1925, to any person in respect of service in the office of Lord Chancellor's Legal Visitor; or

(b)Part I of the Administration of Justice (Pensions) Act 1950 in respect of service of any person in that office.

13. A pension payable under-

(a)the Superannuation Acts 1965 and 1967, as applied by section 128 of the Supreme Court of Judicature (Consolidation) Act 1925 and section 1 of the Supreme Court of Judicature (Circuit Officers) Act 1946, to any person in respect of service in the office of Clerk of Assize; or

(b)Part I of the Administration of Justice (Pensions) Act 1950 in respect of service of any person in that office.

14. A pension payable under-

(a)the Superannuation Acts 1965 and 1967, as applied by section 128 of the Supreme Court of Judicature (Consolidation) Act 1925, section 1 of the Supreme Court of Judicature (Circuit Officers) Act 1946 and section 2(4) of the Criminal Justice Administration Act 1962, to any person in respect of service in the office of Assistant Clerk of Assize; or

(b)Part I of the Administration of Justice (Pensions) Act 1950 in respect of service of any person in that office.

15. A pension payable under-

(a)section 2(6) of the Lands Tribunal Act 1949 (members of the Lands Tribunal); or

(b)Part I of the Administration of Justice (Pensions) Act 1950 in respect of service of any person in the office of member of the Lands Tribunal.

16. A pension payable under-

(a)the Superannuation Acts 1965 and 1967, as applied by section 21 of the County Courts Act 1934 (county court registrars); or

(b)Part I of the Administration of Justice (Pensions) Act 1950 in respect of service of any person in the office of county court registrar.

17. A pension payable under-

(a)the Police Magistrates (Superannuation) Acts 1915 and 1929(11) (metropolitan police magistrates) or

(b)section 33 of the Justices of the Peace Act 1949 (stipendiary magistrates); or

(c)Part I of the Administration of Justice (Pensions) Act 1950 in respect of service of any person as a metropolitan police magistrate or stipendiary magistrate.

18. A pension payable under-

(a)the Superannuation Acts 1965 and 1967, as applied by section 128 of the Supreme Court of Judicature (Consolidation) Act 1925 and paragraph 8(2) of Schedule 10 to the Transport Act 1962, to any person in respect of service in the office of President of the Transport Tribunal; or

(b)Part I of the Administration of Justice (Pensions) Act 1950 in respect of service of any person in that office.

19. A pension payable under-

(a)section 79 of the National Insurance Act 1965 (National Insurance Commissioners); or

(b)Part I of the Administration of Justices (Pension) Act 1950 in respect of service of any person as National Insurance Commissioner.

20. A pension payable under-

(a)the Superannuation (President of Industrial Court) Act 1954; or

(b)Part I of the Administration of Justice (Pensions) Act 1950 in respect of service of any person as President of the Industrial Court.

21. A pension payable under-

(a)section 22 of the Administration of Justice (Pensions) Act 1950 or under that section as applied by section 23 of the Administration of Justice Act 1964 (chairman and deputy chairmen of London Sessions); or

(b)Part I of that Act in respect of service of any person as chairman or deputy chairman of London Sessions.

22. A pension payable under Part I of the Administration of Justice (Pensions) Act 1950 in respect of service of any person as Chairman or Deputy Chairman of the Monopolies Commission.

23. A pension payable under section 29(2) of the Administration of Justice (Scotland) Act 1933 (judges' clerks in Scotland appointed before 28th July 1933).

24. A pension payable under-

(a)a scheme under section 395 of the Middlesex County Council Act 1944 (chairman and deputy chairman of Middlesex Quarter Sessions), or

(b)Part I of the Administration of Justice (Pensions) Act 1950 in respect of service of any person as chairman or deputy chairman of Middlesex Quarter Sessions.

25. A pension payable under a scheme under section 5 of the Kent Quarter Sessions Act 1962 (chairman of Kent Quarter Sessions).

EXPLANATORY NOTE

These Regulations further amend the Pensions Increase (Judicial Pensions) Regulations 1972, as amended, which modify the provisions of the Pensions (Increase) Act 1971 in their application to certain pensions payable in respect of service in judicial and other similar offices.

The main changes are:-

(1) The Regulations apply the 1971 Act to pensions payable to Circuit Judges. In accordance with the power conferred by section 5(4) of the 1971 Act, the Regulations provide for the increases to take effect from 1st April 1973.

(2) In some cases where the 1972 Regulations restrict the amount of the increase that would normally be payable under the 1971 Act so as to secure that the rate of pension in payment does not exceed the pension currently awarded for similar service, current pension levels have risen. In these cases the Regulations provide, under the power in section 5(4) of the 1971 Act, for increases to be correspondingly raised with effect from the date when the current pension rate rose.

(3) The Regulations provide for the payment of the higher rates of increase resulting from the 1973 annual review and provided for in the Pensions Increase (Annual Review) Order 1973 (S.I. 1973/1370). They also provide for increases on all judicial pensions, except the Lord Chancellor's pension, to be free from the restriction referred to in paragraph (2) above. This takes effect from 1st December, 1973 (under the power in section 5(4) of the 1971 Act). The Annual Review Order made in 1974 and in subsequent years is to apply without modification to such pensions, but in the case of pensions which began before 1st July 1972 (or, in some cases, 17th or 26th July 1972), the increases under the Annual Review Orders are to be applied to the pension as increased under the 1972 Regulations.

(4) In the case of the Lord Chancellor's pension, the restriction mentioned in paragraph (2) above is to continue to apply; and the increase payable under these Regulations on a pension calculated by reference to a particular salary is to continue to be equivalent to the increase that would be payable under the 1971 Act on a pension which began on the day after that rate of salary first became applicable to the Office of Lord Chancellor.