Pensions Act 1995

97 References and appeals from the Authority

(1) Any question of law arising in connection with—

(a) any matter arising under this Part for determination, or

(b) any matter arising on an application to the Authority for a review of a determination, or on a review by them entered upon without an application,

may, if the Authority think fit, be referred for decision to the court.

(2) If the Authority determine in accordance with subsection (1) to refer any question of law to the court, they must give notice in writing of their intention to do so—

(a) in a case where the question arises on an application made to the Authority, to the applicant, and

(b) in any case to such persons as appear to them to be concerned with the question.

(3) Any person who is aggrieved—

(a) by a determination of the Authority given on a review under section 96, or

(b) by the refusal of the Authority to review a determination,

where the determination involves a question of law and that question is not referred by the Authority to the court under subsection (1), may on that question appeal from the determination to the court.

(4) The Authority is entitled to appear and be heard on any reference or appeal under this section.

(5) The rules of court must include provision for regulating references and appeals to the court under this section and for limiting the time within which such appeals may be brought.

(6) The decision of the court on a reference or appeal under this section is final, and this subsection overrides any other enactment.

(7) On any such reference or appeal the court may order the Authority to pay the costs or, in Scotland, the expenses of any other person, whether or not the decision is in that other person’s favour and whether or not the Authority appear on the reference or appeal.

(8) In this section “the court” means the High Court or the Court of Session.