The Police Pensions Regulations (Northern Ireland) 2015

Procedure on appeals to the Department N.I.

222.—(1) An appeal to the Department under regulation 206 (payments of benefits; appeals to the Department) or 214(forfeiture: appeals to the Department) must—

(a) be made by notice in writing; and

(b) specify the grounds of appeal.

(2) The Department, on receiving a notice of appeal, must appoint an appeal tribunal (“the tribunal”) to hear the appeal.

(3) The tribunal must consist of 3 persons including—

(a) a barrister or solicitor of not less than 7 years' standing who must be appointed as chair;

(b) a former member of the police service or of a police force in Great Britain who held a rank not below Superintendent before leaving the police.

(4) The tribunal must—

(a) determine the time and place of the hearing and of any postponed or adjourned hearing; and

(b) give reasonable notice of those details to the appellant and to the scheme manager (“the parties”).

(5) Either party may—

(a) be represented before the tribunal by counsel, a solicitor or any other person the party considers appropriate;

(b) adduce evidence; and

(c) cross-examine witnesses.

(6) The tribunal must determine its own procedure but—

(a) the tribunal must have regard to the practice in a hearing of an appeal to a county court under article 28 of the County Courts (Northern Ireland) Order 1980 M1 ;and

(b) the rules of evidence that apply to an appeal under that Order, apply to an appeal under this regulation.

(7) The tribunal, after hearing and determining the appeal, may make any order as appears to it just.

(8) The order must state the reasons for the decision and each of the parties must be given a copy.

(9) Either party may appeal to the High Court in accordance with rules of court on any point of law arising from a decision of the tribunal under this regulation.

Marginal Citations

M1 S.I. 1980 397 (NI.397)