SCHEDULES

SCHEDULE 11Power to require consideration of revision before appeal

Vaccine Damage Payments Act 1979 (c. 17)

2

(1)

Section 4 (appeals to appeal tribunals) is amended as follows.

(2)

After subsection (1A) there is inserted—

“(1B)

If the claimant's address is not in Northern Ireland, regulations may provide that, in such cases or circumstances as may be prescribed, there is a right of appeal only if the Secretary of State has considered whether to reverse the decision under section 3A.

(1C)

The regulations may in particular provide that that condition is met only where—

(a)

the consideration by the Secretary of State was on an application,

(b)

the Secretary of State considered issues of a specified description, or

(c)

the consideration by the Secretary of State satisfied any other condition specified in the regulations.”

(3)

At the end of subsection (2) there is inserted—

“(c)

provision that, where in accordance with regulations under subsection (1B) there is no right of appeal against a decision, any purported appeal may be treated as an application to reverse the decision under section 3A.”