The Social Security Commissioners (Procedure) (Amendment) Regulations 2005

Amendment to the Social Security Commissioners (Procedure) Regulations 1999

2.  In regulation 4(1)—

(a) before the definition of “the 1998 Act”, insert—

““the 1943 Act” means the Pensions Appeal Tribunals Act 1943(1);”;

(b) for the definition of “appeal tribunal” substitute—

““appeal tribunal” means—

(i)

an appeal tribunal constituted under Chapter 1 of Part 1 of the 1998 Act; or

(ii)

a Pensions Appeal Tribunal;”;

(c) in the definition of “authorised officer”, after “the 1998 Act” insert “or section 6D(2) of the 1943 Act”;

(d) in paragraph (ii) of the definition of “the chairman”, after “the 1998 Act” insert “, section 6A of the 1943 Act”;

(e) for the definition of “Commissioner” substitute—

““Commissioner” means the Chief Social Security Commissioner or any other Social Security Commissioner appointed under the 1998 Act, and includes a tribunal of:

(i)

three or more Commissioners constituted under section 16(7) of the 1998 Act or paragraph 10(5) of Schedule 7 to the 2000 Act; and

(ii)

two or more Commissioners constituted under section 6D(5) of the 1943 Act or section 16(7) of the 1998 Act;”;

(f) in the definition of “respondent”, at the end of paragraph (iii) insert—

“,

(iv) in the case of an application or appeal under the 1943 Act, the person with a right to appeal under section 6A(2) of that Act other than the applicant or appellant”;

(g) after paragraph (2) insert—

“(3) A Commissioner is to be known as a “Pensions Appeal Commissioner”—

(a) where an application or appeal is made to a Commissioner under the 1943 Act;

(b) in respect of the determination of a forfeiture rule question, where the relevant enactment for the purposes of section 4(5) of the Forfeiture Act 1982 is—

(i) the Personal Injuries (Emergency Provisions) Act 1939(2);

(ii) the Pensions (Navy, Army, Air Force and Mercantile Marine) Act 1939(3);

(iii) the Polish Resettlement Act 1947(4); or

(iv) the Armed Forces (Pensions and Compensation) Act 2004(5).”.

(1)

1943 c. 39; amended by the Armed Forces (Pension and Compensation) Act 2004 (c. 32).

(2)

1939 c. 82.

(3)

1939 c. 83.

(4)

1947 c. 19.

(5)

2004 c. 32.