Health and Social Services and Social Security Adjudications Act 1983

2 The following subsections shall be substituted for section 97(1) and (2) of the Social Security Act 1975—

“97 Adjudication officers and bodies.

(1) Adjudication officers shall be appointed by the Secretary of State, subject to the consent of the Treasury as to number, and may include officers of the Department of Employment appointed with the concurrence of the Secretary of State in charge of that Department.

(1A) An adjudication officer may be appointed to perform all the functions of adjudication officers under any enactment or such functions of such officers as may be specified in his instrument of appointment.

(1B) The Secretary of State shall appoint a Chief Adjudication Officer.

(1C) It shall be the duty of the Chief Adjudication Officer to advise adjudication officers on the performance of their functions under this or any other Act.

(1D) The Chief Adjudication Officer shall keep under review the operation of the system of adjudication by adjudication officers under this and any other Act and matters connected with the operation of that system.

(IE) The Chief Adjudication Officer shall report annually in writing to the Secretary of State on the standards of adjudication and the Secretary of State shall publish his report.

(2) A social security appeal tribunal shall consist of a chairman and two other persons.

(2A) One of those persons shall be drawn from the panel mentioned in sub-paragraph (3) of paragraph 1 of Schedule 10 to this Act.

(2B) The other shall be drawn from the panel mentioned in sub-paragraph (4) of that paragraph.

(2C) The President shall nominate the chairman.

(2D) The President may nominate as chairman either himself or a person drawn—

(a) from the panel appointed by the Lord Chancellor or, as the case may be, the Lord President of the Court of Session under section 7 of the [1971 c. 62.] Tribunals and Inquiries Act 1971; or

(b) from the persons appointed to act as chairmen under paragraph IA of Schedule 10 to this Act.

(2E) Subject to regulations under paragraph 31 of Schedule 8 to the Health and Social Services and Social Security Adjudications Act 1983, no person shall be appointed chairman of a tribunal under subsection (2D)(a) above unless he is a barrister, advocate or solicitor of not less than 5 years' standing.”.