Judicial Pensions (European Court of Human Rights) Order 1998

JurisdictionUK Non-devolved
CitationSI 1998/2768

1998No. 2768

PENSIONS

The Judicial Pensions (European Court of Human Rights)

Order 1998

12thNovember1998

13thNovember1998

7thDecember1998

The Lord Chancellor and, in relation to any judicial office whose jurisdiction is exercisable exclusively in relation to Scotland, the Secretary of State, in exercise of the powers conferred on them by section 18 of, and Schedule 4 to, the Human Rights Act 1998( a), hereby make the following Order:

Citation and commencement

1. This Order may be cited as the Judicial Pensions (European Court of Human Rights) Order 1998 and shall come into force on 7th December 1998.

Interpretation

2. In this Order:

"the Act" means the Human Rights Act 1998.

"the 1981 Act" means the Judicial Pensions Act 1981( b).

"the 1993 Act" means the Judicial Pensions and Retirement Act 1993( c).

"administrators", in relation to a pension scheme, means the persons entrusted with the administration of the scheme.

"ECHR service" means the period of an ECHR judge's appointment as an ECHR judge.

"UK judicial office", in relation to an ECHR judge, means the judicial office (as defined by section 18(1) of the Act) which the ECHR judge holds from time to time.

3. Nothing in this Order shall prevent the operation of any provisions of the 1981 Act or the 1993 Act whereby (whether by election or otherwise) a person becomes, or ceases to be, a member of one of the judicial pension schemes constituted under the 1981 Act, or becomes, or ceases to be, a person to whom Part I of the 1993 Act applies.

4. - (1) Subject to paragraph (3), articles 5 to 7 of this Order apply, for the purposes of the 1981 Act, to an ECHR judge who, immediately before his appointment as an ECHR judge, was or, but for an election under section 14A of the 1981 Act( d), would be, a member of one of the judicial pension schemes constituted under the 1981 Act.

(2) Articles 5, 6 and 8 of this Order apply, for the purposes of the 1993 Act, to an ECHR judge who, immediately before his appointment as an ECHR judge, was or, but for an election under section 13 of the 1993 Act, would be, a person to whom Part I of the 1993 Act applies.

(3) Where paragraph (1) applies to an ECHR judge and he becomes a person to whom Part I of the 1993 Act applies:

(a) articles 5 to 7 of this Order apply to him, for the purposes of the 1981 Act, in respect of the period before the date on which he first becomes a person to whom Part I of the 1993 Act applies; and(b) articles...

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