The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2009

Amendment of article 61 (Suspension in individual cases-Tribunal)

14.  Article 61(1) is amended as follows—

(a) in the heading for “Tribunal” substitute “an appropriate tribunal”;

(b) in paragraph (8)(a) for “section 6(A)” substitute “section 6A(2)” and for “section 13” substitute “section 11(3)”;

(c) for paragraph (8)(b) substitute—

““application for leave to appeal” means an application for leave under section 6A(6) of the Pensions Appeal Tribunals Act 1943 or, as the case may be, section 11 of the Tribunals, Courts and Enforcement Act 2007;”;

(d) in paragraph (8)(d) for “one month” substitute “six weeks”.

(1)

Article 61 was amended by the Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008, S.I. 2008/2683, article 6(1) and Schedule 1, paragraph 312.

(2)

Section 6A of the Pensions Appeal Tribunals Act 1943 (c. 39); section 6A was inserted by the Armed Forces (Pensions and Compensation) Act 2004 (c. 32), and amended by the Transfer of Tribunal Functions Order 2008 S.I. 2008/2833, article 9 and Schedule 3, paragraph 13.

(3)

Section 11 of the Tribunals, Courts and Enforcement Act 2007 (c.15) provides for the right of appeal from the First-tier Tribunal to the Upper Tribunal.