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The Tribunals, Courts and Enforcement Act 2007 (Transitional Judicial Pensions Provisions) Regulations 2008

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Statutory Instruments

2008 No. 2697

Tribunals And Inquiries

The Tribunals, Courts and Enforcement Act 2007 (Transitional Judicial Pensions Provisions) Regulations 2008

Made

9th October 2008

Laid before Parliament

15th October 2008

Coming into force

3rd November 2008

The Lord Chancellor makes the following Regulations in exercise of the powers conferred by paragraph 12(2) of Schedule 9 to the Tribunals, Courts and Enforcement Act 2007(1).

1.  These Regulations may be cited as the Tribunals, Courts and Enforcement Act 2007 (Transitional Judicial Pensions Provisions) Regulations 2008 and shall come into force on 3rd November 2008.

2.  Part 2 of the Judicial Pensions (Miscellaneous) Regulations 1995(2) applies for the purpose of an election under paragraph 11(3) of Schedule 9 to the Tribunals, Courts and Enforcement Act 2007 as it applies to an election under section 1(2) of the Judicial Pensions and Retirement Act 1993(3).

Signed by the authority of the Lord Chancellor

Bridget Prentice

Parliamentary Under Secretary of State

Ministry of Justice

9th October 2008

EXPLANATORY NOTE

(This note is not part of these Regulations)

Paragraph 11(3) of Schedule 9 to the Tribunals, Courts and Enforcement Act 2007 provides that a person who becomes a transferred-in judge or other member of the First-tier Tribunal or Upper Tribunal (who has not previously held a qualifying judicial office) is entitled to elect for Part 1 of the Judicial Pensions and Retirement Act 1993 (c. 8) (judicial pensions) to apply to them. This Order provides that Part 2 of the Judicial Pensions (Miscellaneous) Regulations 1995, which sets out the circumstances, timing and manner in which an election for Part 1 of the 1993 Act to apply is made, applies to such an election.

(2)

S.I. 1995/632, amended by the Judicial Pensions (Miscellaneous) (Amendment) Regulations 1996 (S.I. 1996/2893), the Judicial Pensions (Miscellaneous) (Amendment) Regulations 1997 (S.I. 1997/1687) and the Civil Partnership (Judicial Pensions and Church Pensions, etc) Order 2005 (S.I. 2005/3325).

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