2.—(1) The Social Security Commissioners (Procedure) Regulations 1999 M1 shall be amended in accordance with this regulation.
(2) Under Part 1 of the Arrangement of Regulations (general provisions), after the entry for regulation 8 insert—
“8A. Funding of legal services”.
(3) In regulation 4 (interpretation)—
(a)after the definition of “the chairman” insert—
““child benefit” means child benefit under Part 9 of the Social Security Contributions and Benefits Act 1992 M2;”;
(b)after the definition of “forfeiture rule question” insert—
““funding notice” means the notice or letter from the Legal Services Commission confirming that legal services are to be funded;
“guardian's allowance” means guardian's allowance under section 77 of the Social Security Contributions and Benefits Act 1992;
“legal aid certificate” means the certificate issued by the Scottish Legal Aid Board confirming that legal services are to be funded;”;
(c)after the definition of “legally qualified” insert—
““Legal Services Commission” means the Legal Services Commission established under section 1 of the Access to Justice Act 1999 M3;
“live television link” means a television link or other audio and video facilities which allow a person who is not physically present at an oral hearing to see and hear proceedings and be seen and heard by all others who are present (whether physically present or otherwise);”;
(d)after the definition of “respondent” insert—
““Scottish Legal Aid Board” means the Scottish Legal Aid Board established under section 1 of the Legal Aid (Scotland) Act 1986 M4;”.
(4) In regulation 8 (manner of and time for service of notices, etc)—
(a)after paragraph (1)(b) insert—
“(ba)subject to paragraph (1A), sent by email; or”;
(b)after paragraph (1) insert—
“(1A) A document may be served by email on any party if the recipient has informed the person sending the email in writing—
(a)that he is willing to accept service by email;
(b)of the email address to which the documents should be sent; and
(c)if the recipient wishes to so specify, the electronic format in which documents must be sent.”;
(c)in paragraph (2), for “delivered or sent to the office” substitute—
“(a)delivered to the office in person;
(b)sent to the office by prepaid post;
(c)sent to the office by fax; or
(d)where the office has given written permission in advance, sent to the office by email”.
(5) After regulation 8 insert—
8A. If a party is granted funding of legal services at any time, he shall—
(a)where funding is granted by the Legal Services Commission, send a copy of the funding notice to the office;
(b)where funding is granted by the Scottish Legal Aid Board, send a copy of the legal aid certificate to the office; and
(c)notify every other party that funding has been granted.”.
(6) In regulation 14 (references under the Forfeiture Act 1982)—
(a)in paragraph (2)(a), for “tax credits” substitute “ child benefit or guardian's allowance ”;
(b)in paragraph (3), for “The reference shall” substitute “ A reference under this regulation or under regulation 15(2) shall ”.
(7) For regulation 15(2) substitute—
“(2) Where the party who referred the forfeiture rule question to a Commissioner under regulation 14(2)—
(a)considers that the decision should be superseded; or
(b)has received a written application for supersession from the person in relation to whom the decision was made,
that party shall refer the decision to a Commissioner to determine whether it should be superseded, and shall notify the person to whom the forfeiture rule question relates that the reference has been made.
(3) A Commissioner may supersede any decision on a forfeiture rule question, whether as originally made or as superseded, if—
(a)the decision was erroneous in point of law;
(b)the decision was made in ignorance of, or was based on a mistake as to, some material fact; or
(c)there has been a relevant change in circumstances since the decision was made.
(4) A determination by a Commissioner under this regulation shall take effect from the date on which it is made, or from such other date as a Commissioner may direct.”.
(8) Omit regulation 24(6)(e).
(9) After regulation 24(6) insert—
“(6A) Subject to the direction of a Commissioner—
(a)any person or organisation entitled to be present and be heard at a hearing; and
(b)any representatives of such a person or organisation,
may be present by means of a live television link.
(6B) Any provision in these Regulations which refers to a party or representative being present is satisfied if the party or representative is present by means of a live television link.”.
(10) In regulation 31(1)—
(a)at the end of sub-paragraph (b) omit “or”; and
(b)omit sub-paragraph (c).
(11) For regulation 33(2) substitute—
“(2) Where—
(a)any decision or record of a decision is corrected under regulation 30; or
(b)an application for a decision to be set aside under regulation 31 is refused for reasons other than that the application was made outside the period specified in regulation 31(2),
the period specified in paragraph (1) shall run from the date on which written notice of the correction or refusal of the application to set aside is sent to the applicant.”.
(12) In regulation 33(4)(a) for “tax credits” substitute “ child benefit or guardian's allowance ”.
Marginal Citations
M1S.I. 1999/1495, amended by S.I. 2000/2854 and S.I. 2001/1095.