Public Service Pensions and Judicial Offices Act 2022
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Change 1
As published
125 Appointment to sitting in retirement offices: further provision
(1) This section applies to an appointment of a person under section 124.
(2) Subject to subsection (3), the person appointed is to be treated for all purposes as, and accordingly may perform any of the functions of, a person appointed to the corresponding original office.
(3) Subsection (2) does not apply for the purposes of any enactment relating to—
(a) the appointment, removal or disqualification of office holders of the corresponding original office;
(b) the tenure of office or oaths to be taken by such office holders;
(c) the remuneration, allowances or pensions of such office holders.
(4) Subject as follows, the person appointed is to hold and vacate office in accordance with the terms of the person’s appointment, which are to be such as the appropriate person may determine.
(5) The appointment may not extend beyond the day on which the person appointed attains the age of 75.
(6) The person appointed is to be paid such remuneration and such allowances as the appropriate person may determine.
(7) A determination under subsection (6) is subject to any approval that is required in respect of the equivalent determination in relation to the corresponding original office.
(8) In this section, in relation to the exercise of a power in respect of a sitting in retirement office, “the appropriate person” means the person who may exercise the equivalent power in relation to the corresponding original office.
(9) In this section, “enactment” includes—
(a) an enactment comprised in subordinate legislation (within the meaning given by section 21 of the Interpretation Act 1978),
(b) an enactment comprised in, or in an instrument made under, a Measure or Act of Senedd Cymru,
(c) an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament, and
(d) an enactment comprised in, or in an instrument made under, Northern Ireland legislation.
Your change, as a redline
125 Appointment to sitting in retirement offices: further provision
(1) This section applies to an appointment of a person under section 124.
(2) Subject to subsection (3), the person appointed is to be treated for all purposes as, and accordingly may perform any of the functions of, a person appointed to the corresponding original office.
(3) Subsection (2) does not apply for the purposes of any enactment relating to—
(a) the appointment, removal or disqualification of office holders of the corresponding original office;
(b) the tenure of office or oaths to be taken by such office holders;
(c) the remuneration, allowances or pensions of such office holders.
(4) Subject as follows, the person appointed is to hold and vacate office in accordance with the terms of the person’s appointment, which are to be such as the appropriate person may determine.
(5) The appointment may not extend beyond the day on which the person appointed attains the age of 75.
(6) The person appointed is to be paid such remuneration and such allowances as the appropriate person may determine.
(7) A determination under subsection (6) is subject to any approval that is required in respect of the equivalent determination in relation to the corresponding original office.
(8) In this section, in relation to the exercise of a power in respect of a sitting in retirement office, “the appropriate person” means the person who may exercise the equivalent power in relation to the corresponding original office.
(9) In this section, “enactment” includes—
(a) an enactment comprised in subordinate legislation (within the meaning given by section 21 of the Interpretation Act 1978),
(b) an enactment comprised in, or in an instrument made under, a Measure or Act of Senedd Cymru,
(c) an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament, and
(d) an enactment comprised in, or in an instrument made under, Northern Ireland legislation.
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