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Social Security Act 1998, SCHEDULE 4 is up to date with all changes known to be in force on or before 17 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Section 14(12).
1(1)Her Majesty may from time to time appoint, from among persons who [F2satisfy the judicial-appointment eligibility condition on a 7-year basis or advocates or solicitors in Scotland of at least 7 years' standing]—
(a)a Chief Social Security Commissioner; and
(b)such number of other Social Security Commissioners as Her Majesty thinks fit.
(2)If the Lord Chancellor considers that, in order to facilitate the disposal of the business of Social Security Commissioners, he should make an appointment in pursuance of this sub-paragraph, he may appoint—
[F3(a)a person who satisfies the judicial-appointment eligibility condition on a 7-year basis; or]
(b)an advocate or solicitor in Scotland of at least [F47] years' standing; or
(c)a member of the bar of Northern Ireland or solicitor of the Supreme Court of Northern Ireland of at least [F57] years' standing,
to be a Social Security Commissioner (but to be known as a deputy Commissioner) for such period or on such occasions as the Lord Chancellor thinks fit.
(3)In this paragraph “10 year general qualification” shall be construed in accordance with section 71 of the [1990 c. 41.] Courts and Legal Services Act 1990.
Textual Amendments
F2Words in Sch. 4 para. 1(1) substituted (21.7.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 10 para. 29(6); S.I. 2008/1653, art. 2(d) (with arts. 3, 4)
F3Sch. 4 para. 1(2)(a) substituted (21.7.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 10 para. 29(7)(a); S.I. 2008/1653, art. 2(d) (with arts. 3, 4)
F4Figure in Sch. 4 para. 1(2)(b) substituted (21.7.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 10 para. 29(7)(b); S.I. 2008/1653, art. 2(d) (with arts. 3, 4)
F5Figure in Sch. 4 para. 1(2)(c) substituted (21.7.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 10 para. 29(7)(b); S.I. 2008/1653, art. 2(d) (with arts. 3, 4)
Commencement Information
I1Sch. 4 para. 1 in force at 5.7.1999 for specified purposes by S.I. 1999/1958, art. 2(1)(b), Sch. 1 (with art. 5, Sch. 12)
I2Sch. 4 para. 1 in force at 6.9.1999 for specified purposes by S.I. 1999/2422, art. 2(c), Sch. 1 (with art. 4, Sch. 14)
I3Sch. 4 para. 1 in force at 5.10.1999 for specified purposes by S.I. 1999/2739, art. 2, Sch. 1 (with art. 3, Sch. 2)
I4Sch. 4 para. 1 in force at 18.10.1999 for specified purposes by S.I. 1999/2860, art. 2(c), Sch. 1 (with art. 4, Schs. 16-18)
I5Sch. 4 para. 1 in force at 29.11.1999 for specified purposes by S.I. 1999/3178, art. 2(1)(a)(2), Sch. 1 (with art. 4, Schs. 21-23)
2The Lord Chancellor shall pay to a Commissioner such salary or other remuneration, and such expenses incurred in connection with the work of a Commissioner or any tribunal presided over by a Commissioner, as he may determine.
Commencement Information
I6Sch. 4 para. 2 in force at 5.7.1999 for specified purposes by S.I. 1999/1958, art. 2(1)(b), Sch. 1 (with art. 5, Sch. 12)
I7Sch. 4 para. 2 in force at 6.9.1999 for specified purposes by S.I. 1999/2422, art. 2(c), Sch. 1 (with art. 4, Sch. 14)
I8Sch. 4 para. 2 in force at 5.10.1999 for specified purposes by S.I. 1999/2739, art. 2, Sch. 1 (with art. 3, Sch. 2)
I9Sch. 4 para. 2 in force at 18.10.1999 for specified purposes by S.I. 1999/2860, art. 2(c), Sch. 1 (with art. 4, Schs. 16-18)
I10Sch. 4 para. 2 in force at 29.11.1999 for specified purposes by S.I. 1999/3178, art. 2(1)(a)(2), Sch. 1 (with art. 4, Schs. 21-23)
3(1)The Lord Chancellor or, in Scotland, the Secretary of State may pay to any person who attends any proceedings under section 14 of this Act[F6, under section 6A of the Pensions Appeal Tribunals Act 1943][F7or under paragraph 8 of Schedule 7 to the Child Support, Pensions and Social Security Act 2000] such travelling and other allowances as he may determine.
(2)In this paragraph the reference to travelling and other allowances includes a reference to compensation for loss of remunerative time.
Textual Amendments
F6Words in Sch. 4 para. 3(1) inserted (6.4.2005) by Armed Forces (Pensions and Compensation) Act 2004 (c. 32), ss. 7(2), 8; S.I. 2005/356, art. 2(2), Sch. 2
F7Words in Sch. 4 para. 3(1) inserted (2.7.2001) by Child Support, Pensions and Social Security Act 2000 (c. 19), s. 86(1)(c)(2), Sch. 7 para. 22(3) (with s. 83(6)); S.I. 2001/1252, art. 2(2)(a)(v)
Commencement Information
I11Sch. 4 para. 3 in force at 5.7.1999 for specified purposes by S.I. 1999/1958, art. 2(1)(b), Sch. 1 (with art. 5, Sch. 12)
I12Sch. 4 para. 3 in force at 6.9.1999 for specified purposes by S.I. 1999/2422, art. 2(c), Sch. 1 (with art. 4, Sch. 14)
I13Sch. 4 para. 3 in force at 5.10.1999 for specified purposes by S.I. 1999/2739, art. 2, Sch. 1 (with art. 3, Sch. 2)
I14Sch. 4 para. 3 in force at 18.10.1999 for specified purposes by S.I. 1999/2860, art. 2(c), Sch. 1 (with art. 4, Schs. 16-18)
I15Sch. 4 para. 3 in force at 29.11.1999 for specified purposes by S.I. 1999/3178, art. 2(1)(a)(2), Sch. 1 (with art. 4, Schs. 21-23)
4(1)Commissioners shall vacate their offices on the day on which they attain the age of [F875].
(2)Nothing in sub-paragraph (1) above or in section 13 or 32 of the [1981 c. 20.] Judicial Pensions Act 1981 (which relate to pensions for Commissioners) shall apply to a person by virtue of his appointment in pursuance of paragraph 1(2) above.
Textual Amendments
F8Word in Sch. 4 para. 4(1) substituted (10.3.2022) by Public Service Pensions and Judicial Offices Act 2022 (c. 7), s. 131(1)(4)(a), Sch. 1 para. 30(3) (with Sch. 1 para. 43)
Commencement Information
I16Sch. 4 para. 4 in force at 5.7.1999 for specified purposes by S.I. 1999/1958, art. 2(1)(b), Sch. 1 (with art. 5, Sch. 12)
I17Sch. 4 para. 4 in force at 6.9.1999 for specified purposes by S.I. 1999/2422, art. 2(c), Sch. 1 (with art. 4, Sch. 14)
I18Sch. 4 para. 4 in force at 5.10.1999 for specified purposes by S.I. 1999/2739, art. 2, Sch. 1 (with art. 3, Sch. 2)
I19Sch. 4 para. 4 in force at 18.10.1999 for specified purposes by S.I. 1999/2860, art. 2(c), Sch. 1 (with art. 4, Schs. 16-18)
I20Sch. 4 para. 4 in force at 29.11.1999 for specified purposes by S.I. 1999/3178, art. 2(1)(a)(2), Sch. 1 (with art. 4, Schs. 21-23)
5(1)A Commissioner may be removed from office by the Lord Chancellor on the ground of incapacity or misbehaviour.
[F9(1A)The Lord Chancellor may remove a person under sub-paragraph (1) only with the concurrence of the appropriate senior judge.
(1B)The appropriate senior judge is the Lord Chief Justice of England and Wales, unless the person exercises functions wholly or mainly in Scotland, in which case it is the Lord President of the Court of Session.]
(2)Nothing in sub-paragraph (1) above applies to a Commissioner appointed before 23rd May 1980.
Textual Amendments
F9Sch. 4 para. 5(1A)(1B) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 4 para. 274; S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(v)
Commencement Information
I21Sch. 4 para. 5 in force at 5.7.1999 for specified purposes by S.I. 1999/1958, art. 2(1)(b), Sch. 1 (with art. 5, Sch. 12)
I22Sch. 4 para. 5 in force at 6.9.1999 for specified purposes by S.I. 1999/2422, art. 2(c), Sch. 1 (with art. 4, Sch. 14)
I23Sch. 4 para. 5 in force at 5.10.1999 for specified purposes by S.I. 1999/2739, art. 2, Sch. 1 (with art. 3, Sch. 2)
I24Sch. 4 para. 5 in force at 18.10.1999 for specified purposes by S.I. 1999/2860, art. 2(c), Sch. 1 (with art. 4, Schs. 16-18)
I25Sch. 4 para. 5 in force at 29.11.1999 for specified purposes by S.I. 1999/3178, art. 2(1)(a)(2), Sch. 1 (with art. 4, Schs. 21-23)
6The Lord Chancellor may by regulations provide—
(a)for officers authorised by the Lord Chancellor or, in Scotland, by the Secretary of State to make any determinations which fall to be made by Commissioners;
(b)for the procedure to be followed by such officers in making such determinations;
(c)for the manner in which such determinations by such officers may be called in question.
Commencement Information
I26Sch. 4 para. 6 in force at 4.3.1999 for specified purposes by S.I. 1999/528, art. 2(a), Sch.
I27Sch. 4 para. 6 in force at 5.7.1999 for specified purposes by S.I. 1999/1958, art. 2(1)(b), Sch. 1 (with art. 5, Sch. 12)
I28Sch. 4 para. 6 in force at 6.9.1999 for specified purposes by S.I. 1999/2422, art. 2(c), Sch. 1 (with art. 4, Sch. 14)
I29Sch. 4 para. 6 in force at 5.10.1999 for specified purposes by S.I. 1999/2739, art. 2, Sch. 1 (with art. 3, Sch. 2)
I30Sch. 4 para. 6 in force at 18.10.1999 for specified purposes by S.I. 1999/2860, art. 2(c), Sch. 1 (with art. 4, Schs. 16-18)
I31Sch. 4 para. 6 in force at 29.11.1999 for specified purposes by S.I. 1999/3178, art. 2(1)(a)(2), Sch. 1 (with art. 4, Schs. 21-23)
7A document bearing a certificate which—
(a)is signed by a person authorised in that behalf by the Secretary of State; and
(b)states that the document, apart from the certificate, is a record of a decision of a Commissioner,
shall be conclusive evidence of the decision; and a certificate purporting to be so signed shall be deemed to be so signed unless the contrary is proved.
Commencement Information
I32Sch. 4 para. 7 in force at 5.7.1999 for specified purposes by S.I. 1999/1958, art. 2(1)(b), Sch. 1 (with art. 5, Sch. 12)
I33Sch. 4 para. 7 in force at 6.9.1999 for specified purposes by S.I. 1999/2422, art. 2(c), Sch. 1 (with art. 4, Sch. 14)
I34Sch. 4 para. 7 in force at 5.10.1999 for specified purposes by S.I. 1999/2739, art. 2, Sch. 1 (with art. 3, Sch. 2)
I35Sch. 4 para. 7 in force at 18.10.1999 for specified purposes by S.I. 1999/2860, art. 2(c), Sch. 1 (with art. 4, Schs. 16-18)
I36Sch. 4 para. 7 in force at 29.11.1999 for specified purposes by S.I. 1999/3178, art. 2(1)(a)(2), Sch. 1 (with art. 4, Schs. 21-23)
8Where the Lord Chancellor proposes to exercise a power conferred on him by paragraph 1(2), 5(1) or 6 above, it shall be his duty to consult the Lord Advocate with respect to the proposal.]
Modifications etc. (not altering text)
C2Sch. 4 para. 8 functions of Lord Advocate transferred (19.5.1999) by The Transfer of Functions (Lord Advocate and Secretary of State) Order 1999 (S.I. 1999/678), arts. 1, 2(1), Sch.
C3Sch. 4 para. 8 functions treated as exercisable in or as regards Scotland (30.6.1999) by The Scotland Act 1998 (Functions Exercisable in or as Regards Scotland) Order 1999 (S.I. 1999/1748), arts. 1, 3, Sch. 1 para. 19
C4Sch. 4 para. 8 functions transferred in relation to Scotland (1.7.1999) by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 1999 (S.I. 1999/1750), arts. 1(1), 2, Sch. 1 (with art. 7); S.I. 1998/3178, art. 3
Commencement Information
I37Sch. 4 para. 8 in force at 4.3.1999 for specified purposes by S.I. 1999/528, art. 2(a), Sch.
I38Sch. 4 para. 8 in force at 5.7.1999 for specified purposes by S.I. 1999/1958, art. 2(1)(b), Sch. 1 (with art. 5, Sch. 12)
I39Sch. 4 para. 8 in force at 6.9.1999 for specified purposes by S.I. 1999/2422, art. 2(c), Sch. 1 (with art. 4, Sch. 14)
I40Sch. 4 para. 8 in force at 5.10.1999 for specified purposes by S.I. 1999/2739, art. 2, Sch. 1 (with art. 3, Sch. 2)
I41Sch. 4 para. 8 in force at 18.10.1999 for specified purposes by S.I. 1999/2860, art. 2(c), Sch. 1 (with art. 4, Schs. 16-18)
I42Sch. 4 para. 8 in force at 29.11.1999 for specified purposes by S.I. 1999/3178, art. 2(1)(a)(2), Sch. 1 (with art. 4, Schs. 21-23)
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