Judicial Pensions (Preservation of Benefits) Order 1977
| Jurisdiction | UK Non-devolved |
| Citation | SI 1977/717 |
| Year | 1977 |
1977 No. 717
PENSIONS
The Judicial Pensions (Preservation of Benefits) Order 197718thApril 1977
29thApril 1977
1stJune 1977
The Lord Chancellor (in relation to England and Wales and Northern Ireland) and the Secretary of State for Scotland (in relation to Scotland), in exercise of the powers conferred on them by section 65 of the Social Security Act 1973(a) and Article 61(1) of the Social Security Pensions (Northern Ireland) Order 1975(b), as the appropriate authorities designated for that purpose by the Minister for the Civil Service in accordance with the said provisions, hereby make the following Order:—
INTRODUCTORY
Citation and commencement
1. This Order may be cited as the Judicial Pensions (Preservation of Benefits) Order 1977 and shall come into operation on 1st June 1977.
Interpretation
2.—(1) In this Order, unless the context otherwise requires—
"the Act of 1950" means the Administration of Justice (Pensions) Act 1950(c);
"full rate" means the rate at which a pension might have been granted to an office holder continuing to serve until reaching normal pension age;
"normal pension age" means the earliest age at which, if his service had continued until retirement at that age, an office holder might have been granted a pension under a relevant enactment;
"office holder" means a person who is or has been the holder of any scheduled office;
"relevant enactment" means an enactment by virtue of which an office holder might be granted a pension in respect of any relevant service and, in the case of a person who has held more than one judicial office, includes any enactment relating to the payment of superannuation benefits to or in respect of such a person;
(a) 1973 c. 38.
(b) S.I. 1975/1503 (N.I. 15).
(c) 14 & 15 Geo. 6. c. 11.
"relevant service" has the meaning given by Article 4(2);
"scheduled office" means an office listed in the Schedule to this Order;
any reference to any enactment shall be construed as a reference to that enactment as amended, extended or applied by any other enactment including this Order.
(2) The Interpretation Act 1889(a) shall apply to the interpretation of this Order as it applies to the interpretation of an Act of Parliament.
GENERAL
Office holders to whom order applies
3. This Order shall have effect in relation to any office holder who ceases to hold office on or after 1st June 1977.
Ceasing to hold office and relevant service
4.—(1) An office holder does not cease to hold office for the purposes of this Order if, after ceasing to hold a scheduled office but before reaching normal pension age, he starts to hold another office, service in which may, under any relevant enactment, be reckoned on any basis together with service in the earlier office for the purpose of superannuation benefits.
(2) An office holder's service in a scheduled office is relevant service for the purposes of this Order, and his relevant service may include any earlier service of his which may, under any enactment, be reckoned on any basis together with service of his in a scheduled office.
(3) For the purposes of paragraphs (1) and (2) it is immaterial—
(a) whether the office holder has served at any time in any other office (including an office in relation to which he ceases to hold office for the purposes of this Order); or
(b) whether the...
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