- Latest available (Revised)
- Point in Time (05/10/1999)
- Original (As enacted)
Version Superseded: 31/03/2000
Point in time view as at 05/10/1999.
Social Security Act 1998, SCHEDULE 1 is up to date with all changes known to be in force on or before 25 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
Sections 5(3) and 7(7).
1(1)Subject to the following provisions of this paragraph, the President of appeal tribunals shall hold and vacate office in accordance with the terms of his appointment.
(2)The President shall vacate his office on the day on which he attains the age of 70, but subject to section 26(4) to (6) of the [1993 c. 8.] Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of 75).
(3)The President may be removed from office by the Lord Chancellor on the ground of incapacity or misbehaviour.
(4)Where the Lord Chancellor proposes to exercise a power conferred on him by sub-paragraph (3) above, it shall be his duty to consult the Lord Advocate with respect to the proposal.
Modifications etc. (not altering text)
C1Sch. 1 para. 1(4) functions of Lord Advocate transferred (19.5.1999) by The Transfer of Functions (Lord Advocate and Secretary of State) Order 1999 (S.I. 1999/678), arts. 1, 2(1), Sch.
C2Sch. 1 para. 1(4) functions treated as exercisable in or as regards Scotland (30.6.1999) by The Scotland Act 1998 (Functions Exercisable in or as Regards Scotland) Order 1999 (S.I. 1999/1748), arts. 1, 3, Sch. 1 para. 19
C3Sch. 1 para. 1(4) functions transferred in relation to Scotland (1.7.1999) by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 1999 (S.I. 1999/1750), arts. 1(1), 2, Sch. 1 (with art. 7); S.I. 1998/3178, art. 3
Commencement Information
I1Sch. 1 para. 1 in force at 1.6.1999 by S.I. 1999/1510, art. 2(c) (with arts. 48-51)
2The Secretary of State may pay, or make such payments towards the provision of, such remuneration, pensions or allowances to or in respect of the President as he may determine.
Commencement Information
I2Sch. 1 para. 2 in force at 1.6.1999 by S.I. 1999/1510, art. 2(c) (with arts. 48-51)
3The Secretary of State may pay, or make such payments towards the provision of, such remuneration, pensions or allowances to or in respect of any person appointed under this Chapter to act as a member of an appeal tribunal, or as an expert to such a tribunal, as he may determine.
Commencement Information
I3Sch. 1 para. 3 in force at 1.6.1999 by S.I. 1999/1510, art. 2(c) (with arts. 48-51)
4(1)The Secretary of State may pay—
(a)to any person required to attend at any proceedings under section 12 of this Act or section 20 of the Child Support Act; or
(b)to any person required under this Part (whether for the purposes of this Part or otherwise) to attend for or to submit himself to medical or other examination or treatment,
such travelling and other allowances as he may determine.
(2)In this paragraph references to travelling and other allowances include references to compensation for loss of remunerative time but such compensation shall not be paid to any person in respect of any time during which he is in receipt of remuneration under paragraph 3 above.
Commencement Information
I4Sch. 1 para. 4 in force at 1.6.1999 by S.I. 1999/1510, art. 2(c) (with arts. 48-51)
5(1)Subject to sub-paragraph (2) below, the Secretary of State may pay such other expenses in connection with the work of any person or tribunal appointed or constituted under any provision of this Part as he may determine.
(2)Expenses are not payable under sub-paragraph (1) above in connection with the work of a tribunal presided over by a Social Security Commissioner.
Commencement Information
I5Sch. 1 para. 5 in force at 1.6.1999 by S.I. 1999/1510, art. 2(c) (with arts. 48-51)
6The Secretary of State may appoint such officers and staff as he thinks fit for the President and for appeal tribunals.
Modifications etc. (not altering text)
C4Sch. 1 para. 6 extended (temp.) (27.5.1999) by The Social Security Act 1998 (Commencement No. 7 and Consequential and Transitional Provisions) Order 1999 (S.I. 1999/1510), art. 50
Commencement Information
I6Sch. 1 para. 6 in force at 1.6.1999 by S.I. 1999/1510, art. 2(c) (with arts. 48-51)
7The President shall ensure that appropriate steps are taken by an appeal tribunal to secure the confidentiality, in such circumstances as may be prescribed, of any prescribed material or any prescribed classes or categories of material.
Commencement Information
I7Sch. 1 para. 7 in force at 4.3.1999 for specified purposes by S.I. 1999/528, art. 2(a), Sch.
I8Sch. 1 para. 7 in force at 1.6.1999 in so far as not already in force by S.I. 1999/1510, art. 2(c) (with arts. 48-51)
8(1)The President shall, after the requisite consultation, arrange such training for persons appointed to the panel constituted under section 6 above as he considers appropriate.
(2)In sub-paragraph (1) above “the requisite consultation” means—
(a)except in the case of medical practitioners, consultation with the Secretary of State;
(b)in the case of such practitioners, consultation with the Chief Medical Officers of the Department of Health, the Welsh Office and the Scottish Office.
Commencement Information
I9Sch. 1 para. 8 in force at 1.6.1999 by S.I. 1999/1510, art. 2(c) (with arts. 48-51)
9The President shall supply the Secretary of State with such reports and other information with respect to the carrying out of the functions of appeal tribunals as the Secretary of State may require.
Commencement Information
I10Sch. 1 para. 9 in force at 1.6.1999 by S.I. 1999/1510, art. 2(c) (with arts. 48-51)
10Each year the President shall make to the Secretary of State a written report, based on the cases coming before appeal tribunals, on the standards achieved by the Secretary of State in the making of decisions against which an appeal lies to an appeal tribunal; and the Secretary of State shall publish the report.
11The Secretary of State may by regulations provide—
(a)for clerks to be assigned to service appeal tribunals; and
(b)for clerks so assigned to be responsible for summoning members of the panel constituted under section 6 above to serve on such tribunals.
Commencement Information
I11Sch. 1 para. 11 in force at 4.3.1999 for specified purposes by S.I. 1999/528, art. 2(a), Sch.
I12Sch. 1 para. 11 in force at 1.6.1999 in so far as not already in force by S.I. 1999/1510, art. 2(c) (with arts. 48-51)
12(1)The Secretary of State may by regulations provide—
(a)for officers authorised by the Secretary of State to make any determinations which fall to be made by an appeal tribunal and which do not involve the determination of any appeal, application for leave to appeal or reference;
(b)for the procedure to be followed by such officers in making such determinations;
(c)for the manner in which such determinations by such officers may be called in question.
(2)A determination which would have the effect of preventing an appeal, application for leave to appeal or reference being determined by an appeal tribunal is not a determination of the appeal, application or reference for the purposes of sub-paragraph (1) above.
Commencement Information
I13Sch. 1 para. 12 in force at 4.3.1999 for specified purposes by S.I. 1999/528, art. 2(a), Sch.
I14Sch. 1 para. 12 in force at 1.6.1999 in so far as not already in force by S.I. 1999/1510, art. 2(c) (with arts. 48-51)
13A document bearing a certificate which—
(a)is signed by a person authorised in that behalf by the Secretary of State; and
(b)states that the document, apart from the certificate, is a record of a decision of an appeal tribunal or of an officer of the Secretary of State,
shall be conclusive evidence of the decision; and a certificate purporting to be so signed shall be deemed to be so signed unless the contrary is proved.
Commencement Information
I15Sch. 1 para. 13 in force at 1.6.1999 by S.I. 1999/1510, art. 2(c) (with arts. 48-51)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: