The Transfer of Tribunal Functions Order 2008

Forfeiture Act 1982

38.  In section 4 of the Forfeiture Act 1982(1) (Commissioner to decide whether rule applies to social security benefits)—

(a) in the heading for “Commissioner” substitute “Upper Tribunal”;

(b) in subsections (1), (1A), (1G) and (1H) for “a Commissioner”, in each place, substitute “the Upper Tribunal”;

(c) in subsections (1A), (1B) and (1E) for “the Commissioner”, in each place, substitute “the Upper Tribunal”;

(d) in subsection (1B) for “he” substitute “it”;

(e) in subsection (1E) for “he may direct that his” substitute “the Upper Tribunal may direct that its”;

(f) in subsection (2)—

(i) for the words from the beginning to “expedient” substitute “Tribunal Procedure Rules may make provision”;

(ii) for “the regulations” substitute “the rules”; and

(iii) omit paragraph (b) (together with the “and” immediately before it);

(g) omit subsections (3) and (4); and

(h) in subsection (5) omit the definition of “Commissioner”.

(1)

1982 c.34. Subsections (1A) to (1H) were inserted by section 76(2) of the Social Security Act 1986 (c.50). Subsection (2)(b) was amended by paragraph 11(1) of Schedule 7 to the Social Security Act 1998 (c.14). In subsection (5) the definition of “Commissioner” was amended by paragraph 11(2) of Schedule 7 to the 1998 Act.