Consultation on Fee-Paid Judicial Pension Scheme Draft Regulations

Closed 31 Oct 2016

Opened 15 Sep 2016

Results Updated 4 Apr 2017

Update - Fee-Paid Judicial Pension Scheme in force 1 April 2017

On 1 April 2017, the Fee-Paid Judicial Pension Scheme was established to deliver the litigation remedy in the case of O’Brien v Ministry of Justice and related court decisions.

This scheme has been created following the consultation process and parliamentary approval of the Judicial Pensions (Fee-Paid Judges) Regulations 2017 and some consequential amendments made with the Judicial Pensions (Amendment) Regulations 2017.

Consultation response

This document is the government’s response to the ‘Consultation on the Fee-Paid Judicial Pension Scheme Draft Regulations’, which was published on 15 September 2016. Also published with this response is the related impact assessment and the equality statement.

The consultation was on the draft regulations for the Fee-Paid Judicial Pension Scheme (FPJPS) and also on consequential amendments to the Judicial Pensions Regulations 2015 to take account of the creation of the FPJPS. The consultation received a total of 77 responses. The Ministry of Justice is grateful to all those who responded. It was very helpful to have views from a cross section of individuals who hold or have held judicial office and also from individuals and organisations who have an interest in this subject. The response covers all the comments and views received and sets out the government position.

After having considered all responses to the consultation, the Ministry of Justice has reviewed and changed its proposed policy on two main areas. One is in relation to the ability to take partial retirement when holding more than office. The other is about opening up the additional voluntary contribution scheme and added years scheme to those who have made contributions to a non-judicial scheme.

The final draft regulations that are required to establish the FPJPS have today been laid in Parliament for approval.

These draft regulations have been produced to deliver the remedy following the judgments in the case of O’Brien and related court decisions. This is to implement a scheme to provide eligible fee-paid judges with pension benefits that are equivalent to those provided to their salaried counterparts.

Subject to Parliamentary approval, our aim is to have the FPJPS in force from April 2017.



This is a consultation on the draft regulations which are required to establish the Fee Paid Judicial Pension Scheme to comply with court and tribunal rulings in the case of O’Brien and related litigation.

The purpose of the regulations once the draft is finalised and subject to the approval of Parliament is to provide eligible fee paid judicial office holders with pension benefits, both retrospective and going forward, which are comparable to those available for salaried judges (in so far as possible).

The Ministry of Justice welcomes the views of consultees on the draft regulations for the FPJPS, including the added benefits, and also on the draft consequential amendment regulations.


The Ministry of Justice has issued an Addendum to the Consultation on the Fee-Paid Judicial Pension Scheme Draft Regulations.

The change is explained in the addendum notice below and due to this change, the consultation period has been extended to 31 October 2016.


Why We Are Consulting


  • Judiciary
  • Court & Tribunal staff
  • Legal professionals
  • Judiciary


  • Courts
  • Judiciary