The Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008

Naval, Military and Air Forces etc (Disablement and Death) Service Pensions Order 2006

312.—(1) Article 61 (suspension in individual cases - pensions appeal tribunal) is amended as follows.

(2) In the heading, omit “Pensions Appeal”.

(3) In paragraphs (1), (4) and (5) for “a Pensions Appeal Tribunal”, in each place, substitute “an appropriate tribunal”.

(4) In paragraph (5) for “the Pensions Appeal Tribunal” substitute “the appropriate tribunal”.

(5) In paragraph (6)—

(a) for “a Pensions Appeal Tribunal”, in both places, substitute “an appropriate tribunal”; and

(b) for “an appropriate Commissioner” substitute “a Commissioner or the Upper Tribunal, as the case may be”.

(6) In paragraph (8)—

(a) in sub-paragraph (a) after “1943” insert “or, as the case may be, section 13 of the Tribunals, Courts and Enforcement Act 2007 (c.15);

(b) in sub-paragraph (b) for “leave to appeal under Part 52” substitute “permission to appeal in accordance with Tribunal Procedure Rules or under Part 52”;

(c) after sub-paragraph (b) insert—

“(ba) “appropriate tribunal” means the appropriate tribunal as defined in section 12(1) of the Pensions Appeal Tribunals Act 1943;” and

(d) in sub-paragraph (c)—

(i) for “an appropriate” substitute “a”; and

(ii) omit “a Great Britain Social Security Commissioner or”.