Draft Regulations laid before Parliament under section 11A(5) of the Pensions Appeal Tribunal Act 1943 and section 80(1) of the Social Security Act 1998, for approval by resolution of each House of Parliament.
2005 No
The Social Security Commissioners (Procedure) (Amendment) Regulations 2005
Made
Coming into force
The Lord Chancellor, in exercise of the powers conferred upon him by sections 6A(6)(c) and (7), 6C(2)(a) and (4), 6D(1), (2) and (6), and 11A(1) of the Pensions Appeal Tribunals Act 19431, sections 14 to 16, 28, 79(2) and 84 of, and Schedules 4 and 5 to, the Social Security Act 19982, paragraphs 8 to 10, 19, 20(1) and (3) and 23(1) and (2) of Schedule 7 to the Child Support, Pensions and Social Security Act 20003, and in exercise of powers conferred by section 4(2) of the Forfeiture Act 19824 and now vested in him5, after consultation with the Scottish Ministers in accordance with section 11A(2) of the Pensions Appeal Tribunals Act 1943, section 79(2) of, and paragraph 8 of Schedule 4 to, the Social Security Act 19986 and paragraph 20(1) of Schedule 7 to the Child Support, Pensions and Social Security Act 2000, and after consultation with the Council on Tribunals in accordance with section 8(1) of the Tribunals and Inquiries Act 19927, makes the following Regulations, a draft of which has been laid before and approved by a resolution of each House of Parliament:
Citation, commencement and interpretation1
1
These Regulations may be cited as the Social Security Commissioners (Procedure) (Amendment) Regulations 2005 and shall come into force on 6th April 2005.
2
In these Regulations a reference to a regulation by number alone means the regulation so numbered in the Social Security Commissioners (Procedure) Regulations 19998.
Amendment to the Social Security Commissioners (Procedure) Regulations 1999
2
In regulation 4(1)—
a
before the definition of “the 1998 Act”, insert—
“the 1943 Act” means the Pensions Appeal Tribunals Act 19439;
b
for the definition of “appeal tribunal” substitute—
“appeal tribunal” means—
- i
an appeal tribunal constituted under Chapter 1 of Part 1 of the 1998 Act; or
- ii
a Pensions Appeal Tribunal;
c
in the definition of “authorised officer”, after “the 1998 Act” insert “or section 6D(2) of the 1943 Act”;
d
in paragraph (ii) of the definition of “the chairman”, after “the 1998 Act” insert “, section 6A of the 1943 Act”;
e
for the definition of “Commissioner” substitute—
“Commissioner” means the Chief Social Security Commissioner or any other Social Security Commissioner appointed under the 1998 Act, and includes a tribunal of:
- i
three or more Commissioners constituted under section 16(7) of the 1998 Act or paragraph 10(5) of Schedule 7 to the 2000 Act; and
- ii
two or more Commissioners constituted under section 6D(5) of the 1943 Act or section 16(7) of the 1998 Act;
f
in the definition of “respondent”, at the end of paragraph (iii) insert—
,
iv
in the case of an application or appeal under the 1943 Act, the person with a right to appeal under section 6A(2) of that Act other than the applicant or appellant
g
after paragraph (2) insert—
3
A Commissioner is to be known as a “Pensions Appeal Commissioner”—
a
where an application or appeal is made to a Commissioner under the 1943 Act;
b
in respect of the determination of a forfeiture rule question, where the relevant enactment for the purposes of section 4(5) of the Forfeiture Act 1982 is—
i
the Personal Injuries (Emergency Provisions) Act 193910;
ii
the Pensions (Navy, Army, Air Force and Mercantile Marine) Act 193911;
iii
the Polish Resettlement Act 194712; or
iv
the Armed Forces (Pensions and Compensation) Act 200413.
3
In regulation 15(1)—
a
after “the 1998 Act” insert “, section 6D(5) of the 1943 Act”; and
b
for “either of” substitute “one of”.
4
In regulation 19(3), after “the 1998 Act” insert “, section 6A(3) of the 1943 Act”.
5
In regulation 24(6), after sub-paragraph (b) insert—
ba
in the case of an application or appeal under the 1943 Act, the respondent;
6
In regulation 28(2), after “the 1998 Act” insert “, section 6A(3) of the 1943 Act”.
7
In regulation 32(1), after “the 1998 Act” insert “, section 6A(3) of the 1943 Act”.
8
In regulation 33(1), after “the 1998 Act” insert “, section 6C of the 1943 Act”.
Signed by authority of the Lord Chancellor
(This note is not part of the Regulations)