Part 1: Public Service Pension Schemes Chapter 4: General Section 97: Amendments relating to the judiciary
Section 97(1) and 97(2) insert a new section 25A into the PSPA 2013 which enables scheme regulations made under the PSPA 2013 for the judiciary to take into account relevant past service of a holder of a judicial office subsequently added to the scheme through an order made under paragraph 2(1) of Schedule 1 to the PSPA 2013. This means that the relevant pensionable service of such a judicial office holder can be backdated so that it may start before the date of inclusion of the judicial office in the order under Schedule 1. For example, if a judicial office is added to the definition of the judiciary (e.g. if there is a new judicial office) in 2024, but it is deemed that a holder of that office should be able to accrue pensionable benefits in the scheme for service from 2023, then scheme regulations made under section 25A of the PSPA 2013 may make provision so that pension benefits of that office holder are to be determined by reference to judicial service from 2023. The scheme regulations will also enable the collection of member contributions in relation to accrual of pension benefits for that service prior to being specified in the relevant order.
	Section 97(3) replaces the prohibition on including Northern Irish or Scottish devolved offices within the scope of the definition of the judiciary in the PSPA 2013 so that the Lord Chancellor or the Secretary of State for Scotland (depending on who is the appropriate minister for the purposes of paragraph 2(1) of Schedule 1 to the PSPA 2013) may specify such a devolved judicial office in the definition of the judiciary in that Act in response to a request from the Scottish Ministers or the Department of Justice.
	Section 97(4) and 97(5) make equivalent provision for the PSPA (NI) 2014 to that in section 97(1) and 97(2).