Public Service Pensions and Judicial Offices Act 2022
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Change 1
As published
127 Power to add new offices
(1) The appropriate national authority may by regulations amend Schedule 3 so as to add a judicial office apart from an excluded Scottish office.
(2) In this section, “the appropriate national authority” means—
(a) where the office is to be added to Part 4 of Schedule 3 and provision to add the office to that Part of the Schedule would be within the legislative competence of the Northern Ireland Assembly if it were included in an Act of that Assembly, the Department of Justice in Northern Ireland;
(b) where the office is to be added to Part 5 of Schedule 3 and provision to add the office to that Part of the Schedule would be within the legislative competence of Senedd Cymru if it were included in an Act of Senedd Cymru, the Welsh Ministers;
(c) in any other case, the Lord Chancellor.
(3) For the purposes of subsection (1), a judicial office is an “excluded Scottish office” if provision to add the office to Part 6 of Schedule 3 would be within the legislative competence of the Scottish Parliament if it were included in an Act of that Parliament.
(4) Before making regulations under subsection (1) to add an office to Part 1, 2, 3, or 5 of Schedule 3, the appropriate national authority must consult the relevant office holder.
(5) In subsection (4), the “relevant office holder” means—
(a) where the office is to be added to Part 1 of Schedule 3, the Lord Chief Justice;
(b) where the office is to be added to Part 2 of Schedule 3, the Senior President of Tribunals;
(c) where the office is to be added to Part 3 of Schedule 3, the Lord Chief Justice of Northern Ireland;
(d) where the office is to be added to Part 5 of Schedule 3, the President of Welsh Tribunals.
(6) Regulations under this section are subject to the affirmative procedure.
Your change, as a redline
127 Power to add new offices
(1) The appropriate national authority may by regulations amend Schedule 3 so as to add a judicial office apart from an excluded Scottish office.
(2) In this section, “the appropriate national authority” means—
(a) where the office is to be added to Part 4 of Schedule 3 and provision to add the office to that Part of the Schedule would be within the legislative competence of the Northern Ireland Assembly if it were included in an Act of that Assembly, the Department of Justice in Northern Ireland;
(b) where the office is to be added to Part 5 of Schedule 3 and provision to add the office to that Part of the Schedule would be within the legislative competence of Senedd Cymru if it were included in an Act of Senedd Cymru, the Welsh Ministers;
(c) in any other case, the Lord Chancellor.
(3) For the purposes of subsection (1), a judicial office is an “excluded Scottish office” if provision to add the office to Part 6 of Schedule 3 would be within the legislative competence of the Scottish Parliament if it were included in an Act of that Parliament.
(4) Before making regulations under subsection (1) to add an office to Part 1, 2, 3, or 5 of Schedule 3, the appropriate national authority must consult the relevant office holder.
(5) In subsection (4), the “relevant office holder” means—
(a) where the office is to be added to Part 1 of Schedule 3, the Lord Chief Justice;
(b) where the office is to be added to Part 2 of Schedule 3, the Senior President of Tribunals;
(c) where the office is to be added to Part 3 of Schedule 3, the Lord Chief Justice of Northern Ireland;
(d) where the office is to be added to Part 5 of Schedule 3, the President of Welsh Tribunals.
(6) Regulations under this section are subject to the affirmative procedure.
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