Social Security Act 1973

[F1 86 References and appeals from the two Boards. E+W+S

(1) Any question of law arising in connection with—

(a) any matter arising under Part II of this Act [F2 or Part III or IV of the Pensions Act]for determination by the Occupational Pensions Board;

(b) any matter which [F3 under section 60(2) of the Pensions Act falls to be determined by that Board];

(c) any matter arising on an application to [F4 that Board]for a review of a determination by that Board, or on a review by [F4 that Board]entered upon without an application,

may, if the Board . . . F5 think fit, be referred for decision to the court.

(2) In this section “the court” means—

(a) in England and Wales, the High Court;

(b) in Scotland, the Court of Session; and

(c) in Northern Ireland, the Court of Appeal in Northern Ireland.

(3) In the event of [F6 the Occupational Pensions Board]determining in accordance with subsection (1) above to refer any question of law to the court, they shall give notice in writing of their intention to do so—

(a) in a case where the question arises on an application made to the Board, to the applicant; and

(b) in any case to such persons as appear to them to be concerned with the question.

(4) Any person aggrieved—

(a) by a determination of the Occupational Pensions Board given on a review under section 67 of this Act, or by the refusal of that Board to review a determination; or

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

where the determination in either case involves a question of law and that question is not referred by the Board . . . F5 to the court under subsection (1) above, may on that question appeal from the determination to the court.

(5) The Board . . . F5 shall be entitled to appear and be heard on any reference or appeal under this section.

(6) The provision made by rules of court or by rules of court made under section 55 of the M1 Judicature (Northern Ireland) Act 1978 shall include provision for regulating references and appeals to the court under this section and for limiting the time in which such appeals may be brought.

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8

(8) Notwithstanding anything in any enactment, the decision of the court on a reference or appeal under this section shall be final; and on any such reference or appeal the court may order the Board . . . F5 to pay the costs or, in Scotland, the expenses of any other person, whether or not the decision is in that other person’s favour and whether or not the Board appear on the reference or appeal.

(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9 ]

Textual Amendments

F1 S. 86 repealed (N.I.) by S.I. 1975/1503 (N.I. 15), art. 74(2), Sch. 6

F2 Words inserted by Social Security Pensions Act 1975 (c. 60), Sch. 4, para. 29, w.e.f. 7.8.75.

F3 Words substituted by Social Security Pensions Act 1975 (c. 60), Sch. 4 para. 29, w.e.f. 7.8.75.

F4 Words substituted by Social Security Pensions Act 1975 (c. 60), Sch. 4 para. 29, w.e.f. 7.8.75.

F5 Words repealed by Social Security Pensions Act 1975 (c. 60), Sch. 5 w.e.f. 7.8.75.

F6 Words substituted by Social Security Pensions Act 1975 (c. 60), Sch. 4 para. 29, w.e.f. 7.8.75.

F7 S. 86(4)(b) repealed by Social Security Pensions Act 1975 (c. 60), Sch. 5 and S.I. 1975/1503 (N.I. 15), art. 74(2), Sch. 6

F8 S. 86(7) repealed by Administration of Justice Act 1977 (c. 38), Sch. 5 Pt. IV and S.I. 1975/1503 (N.I. 15), art. 74(2), Sch. 6

F9 S. 86(9) repealed by Social Security Pensions Act 1975 (c. 60), Sch. 5 and S.I. 1975/1503 (N.I. 15), art. 74(2), Sch. 6

Modifications etc. (not altering text)

C1 S. 86 modified by S.I. 1983/118, reg. 6.

C2 “Rules made under s. 7 of the Northern Ireland Act 1962” to be construed as rules of court made under s. 55 of the Judicature (Northern Ireland) Act 1978 (c. 23), by virtue of the latter Act, Sch. 5 Pt. I para. 3.

Marginal Citations

M1 1978 c. 23.