Financial Emergency Measures in the Public Interest Act 2015

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Amendment of Courts (Supplemental Provisions) Act 1961

11. (1) Section 46 of the Courts (Supplemental Provisions) Act 1961 is amended—

(a) in subsection (3AA), by the substitution of “(9) to (9B)” for “(9A) to (9C)”,

(b) by the substitution of the following subsection for subsection (9):

“(9) (a) The annual sums to be paid by way of remuneration to the several judges of the Supreme Court, the Court of Appeal, the High Court, the Circuit Court and the District Court who were appointed to those judicial offices before the commencement of section 10 of the Financial Emergency Measures in the Public Interest (Amendment) Act 2011 shall be specified in an order made by the Government for the purpose.

(b) In making an order under paragraph (a), the Government shall have regard to the proportions that the annual sums payable by way of remuneration under this Act in respect of the different judicial offices bore to one another before the commencement of section 11 of the Financial Emergency Measures in the Public Interest Act 2015.

(c) The amount that is specified in an order under paragraph (a) as the annual sum payable by way of remuneration in respect of a particular judicial office shall not be less than the amount that stood, immediately before the commencement of section 11 of the Financial Emergency Measures in the Public Interest Act 2015, as the annual sum payable by way of remuneration in respect of that office.

(d) A reference in paragraph (b) to the annual sum payable by way of remuneration in respect of a judicial office shall be construed as a reference to the annual sum payable by way of remuneration in respect of a judicial office, the holder of which was appointed to that office before the commencement of section 10 of the Financial Emergency Measures in the Public Interest (Amendment) Act 2011 .

(e) An order under this subsection may, if so expressed, have retrospective effect.”,

(c) by the substitution of the following subsection for subsection (9A):

“(9A) (a) The annual sums to be paid by way of remuneration to the several judges of the Supreme Court, the Court of Appeal, the High Court, the Circuit Court and the District Court who were appointed to those judicial offices on or after the commencement of section 10 of the Financial Emergency Measures in the Public Interest (Amendment) Act 2011 shall be specified in an order made by the Government for the purpose.

(b) In making an order under paragraph (a), the Government shall have regard to the proportions that the annual sums payable by way of remuneration under this Act in respect of the different judicial offices referred to in paragraph (c) bore to one another before the commencement of section 11 of the Financial Emergency Measures in the Public Interest Act 2015.

(c) In respect of each of the following judicial offices, the specification, in an order under paragraph (a), of the annual sum payable by way of remuneration shall be by means of a pay scale set out in the order:

(i) the Chief Justice;

(ii) the President of the Court of Appeal;

(iii) an ordinary judge of the Supreme Court;

(iv) the President of the High Court;

(v) an ordinary judge of the Court of Appeal;

(vi) the President of the Circuit Court;

(vii) an ordinary judge of the High Court;

(viii) the President of the District Court;

(ix) an ordinary judge of the Circuit Court or a specialist judge of the Circuit Court;

(x) an ordinary judge of the District Court.

(d) A pay scale referred to in paragraph (c) shall provide for the payment of progressively greater amounts of remuneration, within a range specified in the order, (each of which amounts is referred to in paragraphs (e) and (g) as a “point on the pay scale”), by reference to the lapse of specified periods of time since the relevant judge’s appointment (and no matter, other than such lapse of time, shall be specified in the order as a condition for the payment of any such greater amount).

(e) The first point on the pay scale, in respect of the particular judicial office, shall not be less than the amount that stood, immediately before the commencement of section 11 of the Financial Emergency Measures in the Public Interest Act 2015, as the annual sum payable by way of remuneration in respect of that office.

(f) Any reference in paragraph (b) or (e) to the annual sum payable by way of remuneration in respect of a judicial office shall be construed as a reference to the annual sum payable by way of remuneration in respect of a judicial office, the holder of which was appointed to that office on or after the commencement of the provision referred to in paragraph (a).

(g) Where a person appointed to a judicial office on or after the commencement of the provision referred to in paragraph (a) is subsequently appointed to another judicial office and the first point on the pay scale in respect of the second-mentioned office is lower than the amount that stood as the annual sum payable by way of remuneration to the judge prior to his or her appointment to that office (the ‘pre-existing remuneration’), then, instead of the foregoing point on the pay scale being applicable to the judge, the point on the pay scale that stands immediately above the pre-existing remuneration shall apply to the judge.

(h) Section 7 of the Financial Emergency Measures in the Public Interest Act 2013 shall not apply to a pay scale set out in an order made under paragraph (a).

(i) An order under this subsection may, if so expressed, have retrospective effect.”,

(d) in subsection (9B)—

(i) by the substitution of “the application of an order made under subsection (9A)” for “the application of subsection (9A)”, and

(ii) by the substitution of “then that order” for “then that subsection”,

(e) by the deletion of subsection (9C), and

(f) in subsection (10), by the substitution of “subsection (9) or (9A)” for “subsection (9) or (9C)”.

(2) Section 46A(2) of the Courts (Supplemental Provisions) Act 1961 is amended by the substitution of “(9) or (9B)” for “(9) or (9C)”.