Citation and commencement

1.  These Regulations may be cited as the Judicial Offices (Sitting in Retirement - Prescribed Offices and Descriptions) Regulations 2022 and come into force on 1st October 2022.

Interpretation

2.  In these Regulations “ the Act” means the Public Service Pensions and Judicial Offices Act 2022

Offices prescribed in relation to an appointment to a sitting in retirement office

3.—(1) A person who holds or has held an office listed in column 2 of the Tables in Schedule 1 (a “prescribed office”) is eligible for appointment to the sitting in retirement office listed in the corresponding row of column 1.

(2) Paragraph (1) is subject to regulation 4.

4.—(1) In relation to an appointment to the sitting in retirement office referred to in column 1 at row 20 of Table 1 in Schedule 1, an eligible person (“ P”) who holds or has held the prescribed office of Supreme Court Justice must satisfy the following further description:

(a) P must have held a judicial office in the Court of Appeal in England and Wales or the High Court in England and Wales for a period of at least two years; or

(b) P must have satisfied the judicial-appointment eligibility condition on a 15-year basis.

(2) In relation to an appointment to the sitting in retirement office referred to in column 1 at row 14 of Table 3 in Schedule 1, an eligible person (“ P”) who holds or has held the prescribed office of Supreme Court Justice must satisfy the following further description:

(a) P must have held a judicial office in the Court of Appeal in Northern Ireland or the High Court in Northern Ireland for a period of at least two years; or

(b) P must have been a qualifying practitioner as a member of the Bar of Northern Ireland or a solicitor of the Court of Judicature of Northern Ireland for a period of at least 15 years.

Regulation 4

SCHEDULE 1 Persons Eligible for Appointment to a Sitting in Retirement Office

PART 1

Sitting in Retirement Offices, Further to the Judicial Offices Listed in Part 1 of Schedule 3 to the Act, and Corresponding Prescribed Offices

PART 2

Sitting in Retirement Offices, Further to the Judicial Offices Listed in Part 2 of Schedule 3 to the Act, and Corresponding Prescribed Offices

PART 3

Sitting in Retirement Offices, Further to the Judicial Offices Listed in Part 3 of Schedule 3 to the Act, and Corresponding Prescribed Offices

PART 4

Sitting in Retirement Offices, Further to the Judicial Offices Listed in Part 6 of Schedule 3 to the Act, and Corresponding Prescribed Offices

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers conferred by section 124(3) and (4)(a), (b), (c) and (f), and section 129(1)(b) of the Public Service Pensions and Judicial Offices Act 2022 in order to prescribe offices held by, and further descriptions of, persons eligible to be appointed to a sitting in retirement office. These Regulations only apply to sitting in retirement offices where the appointing authority is the Lord Chief Justice, the Senior President of Tribunals, the Lady Chief Justice of Northern Ireland or the Lord President of the Court of Session.

The Tables in Schedule 1 to these Regulations list the prescribed judicial offices that a person must hold or have held prior to their retirement in order to be appointed to the corresponding sitting in retirement office.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.