Pensions Appeal Tribunals Act 1943

[F1 6B Redetermination etc of appeals by [F2 appropriate tribunal] U.K.

[F3 (1) Subsections (2) and (3) apply where an application is made to—

(a) a Pensions Appeal Tribunal for Scotland or Northern Ireland under section 6A(5A) of this Act, or

(b) a person under section 6A(6)(a) of this Act,

for leave to appeal from a decision of the tribunal concerned.]

(2) If [F4 the tribunal or person to whom the application is made] considers that the decision was erroneous in point of law, [F5 that tribunal or person] may set aside the decision and refer the case either for redetermination by [F6 the tribunal concerned] or for determination by a differently [F7 constituted Pensions Appeal Tribunal for Scotland or Northern Ireland].

(3) If each of those who would be parties to the appeal if leave were granted expresses the view that the decision was erroneous in point of law, [F8 the tribunal or person to whom the application is made] shall set aside the decision and refer the case for determination by a differently [F9 constituted Pensions Appeal Tribunal for Scotland or Northern Ireland].

[F10 (4) Subsection (5) applies where an application is made to the First-tier Tribunal for permission to appeal to the Upper Tribunal from any decision of the First-tier Tribunal under this Act.

(5) If each of those who would be parties to the appeal if permission were granted expresses the view that the decision was erroneous in point of the law, the First-tier Tribunal shall set aside the decision and refer the case for determination by a differently constituted First-tier Tribunal.]]

Textual Amendments

F1 Ss. 6A-6D inserted (22.2.2005 for certain purposes and otherwise 6.4.2005) by Armed Forces (Pensions and Compensation) Act 2004 (c. 32), ss. 5, 8, Sch. 1 para. 4 (with transitional provisions in S.I. 2005/660, art. 2); S.I. 2005/356, art. 2, Schs. 1, 2

F2 Words in s. 6B title substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 9(1), Sch. 3 para. 14(a)

F3 S. 6B(1) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 9(1), Sch. 3 para. 14(b)

F4 Words in s. 6B(2) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 9(1), Sch. 3 para. 14(c)(i)

F5 Words in s. 6B(2) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 9(1), Sch. 3 para. 14(c)(ii)

F6 Words in s. 6B(2) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 9(1), Sch. 3 para. 14(c)(iii)

F7 Words in s. 6B(2) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 9(1), Sch. 3 para. 14(c)(iv)

F8 Words in s. 6B(3) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 9(1), Sch. 3 para. 14(d)(i)

F9 Words in s. 6B(3) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 9(1), Sch. 3 para. 14(d)(ii)

F10 S. 6B(4)(5) inserted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 9(1), Sch. 3 para. 14(e)