Statutory Instruments

2000 No. 342

PENSIONS

The Judicial Pensions (Additional Voluntary Contributions) (Amendment) Regulations 2000

Made

10th February 2000

Laid before Parliament

14th February 2000

Coming into force

20th March 2000

The Lord Chancellor, and, in relation to judicial offices whose jurisdiction is exercised exclusively in relation to Scotland, the Secretary of State, in exercise of the powers conferred on them by section 33A of the Judicial Pensions Act 1981(1) and sections 10 and 29(3) and (4) of the Judicial Pensions and Retirement Act 1993(2), and with the concurrence of the Treasury, hereby make the following Regulations:

Citation and commencement

1. These Regulations may be cited as the Judicial Pensions (Additional Voluntary Contributions) (Amendment) Regulations 2000 and shall come into force on 20th March 2000.

Interpretation

2. In these Regulations, a regulation referred to by number alone means the regulation so numbered in the Judicial Pensions (Additional Voluntary Contributions) Regulations 1995(3).

Amendments to the Judicial Pensions (Additional Voluntary Contributions) Regulations 1995

3. In regulation 2.9(2)(b), the words "the greater of the annual rate of the member's salary or of" shall be deleted.

4. Regulation 2.11 shall stand as paragraph (1) of that regulation and in that paragraph the reference to regulation 2.10 shall be deleted.

5. The following shall be inserted after regulation 2.11 and shall stand as paragraph (2) of that regulation:

"(2) Regulation 2.10 shall apply to members who fall within regulation 2.2(1)(b) as if for the reference to regulation 2.7 there were substituted a reference to regulation 2.12.".

Irvine of Lairg, C.

Dated 1st February 2000

John Reid,

One of Her Majesty's Principal Secretaries of State

Dated 4th February 2000

We consent

Bob Ainsworth

Jim Dowd

Two of the Lords Commissioners of Her Majesty's Treasury

Dated 10th February 2000

Explanatory Note

(This note is not part of the Regulations)

These Regulations make two amendments to the Judicial Pensions (Additional Voluntary Contributions) Regulations 1995 so as to:

(a)clarify regulation 2.9(2)(b);

(b)apply the determination of aggregated retirement benefit in regulation 2.12 to those members falling within the scope of regulation 2.2(1)(b).

(1)

1981 c. 20. Section 33A was inserted by the Courts and Legal Services Act 1990 (c. 41), section 82 and amended by the Judicial Pensions and Retirement Act 1993 (c. 8), section 24 and Schedule 3. The power of the Secretary of State to make regulations under section 33A is expressed to be in relation to pensions for service in offices existing only in Scotland. These are coterminous with offices whose jurisdiction is exercised exclusively in relation to Scotland.

(2)

1993 c. 8; by virtue of section 10(7), the power to make these regulations is vested in "the appropriate Minister" which expression is defined in section 30(1) as (a) in relation to any judicial office whose jurisdiction is exercised exclusively in Scotland, the Secretary of State or (b), subject to (a), the Lord Chancellor.

(3)

S.I. 1995/639. There are no relevant amendments.