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Statutory Instruments

1992 No.1121

SOCIAL SECURITY

The Social Security Commissioners Procedure (Amendment) Regulations 1992

Made

7th May 1992

Laid before Parliament

8th May 1992

Coming into force

1st June 1992

The Lord Chancellor, in exercise of the powers conferred by the enactments specified in the Schedule to these Regulations and now vested in him(1) and of all other powers enabling him in that behalf, after consultation with the Lord Advocate and, in accordance with section 10 of the Tribunals and Inquiries Act 1971(2), with the Council on Tribunals, hereby makes the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Social Security Commissioners Procedure (Amendment) Regulations 1992 and shall come into force on 1st June 1992.

Definition of “appeal tribunal”

2.  In regulation 2 of the Social Security Commissioners Procedure Regulations 1987(3), for the definition of “appeal tribunal” there shall be substituted the following—

“appeal tribunal” means a social security appeal tribunal constituted in accordance with section 97(2) to (2E) of the Act or a disability appeal tribunal constituted in accordance with Schedule 10A to the Act;

Mackay of Clashfern, C.

7th May 1992

SCHEDULEPROVISIONS CONFERRING POWERS EXERCISED IN MAKING THESE REGULATIONS

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Social Security Commissioners Procedure Regulations 1987 by extending the definition of “appeal tribunal” to include a disability appeal tribunal constituted in accordance with Schedule 10A to the Social Security Act 1975. Schedule 10A was inserted into the Social Security Act 1975 by paragraph 16 of Schedule 1 to the Disability Living Allowance and Disability Working Allowance Act 1991 (c. 21).

(1)

By virtue of the Transfer of Functions (Social Security Commissioners) Order 1984 (S.I. 1984/1818) and paragraph 20 of Schedule 5 to the Social Security Act 1986 (c. 50).

(3)

S.I. 1987/214.

(4)

1974 c. 14; section 6 was amended by the Social Security (Consequential Provisions) Act 1975 (c. 18) Schedule 2,paragraph 70; the Social Security Pensions Act 1975 (c. 60) Schedule 4, paragraph 35; the Child Benefit Act 1975 (c. 61)Schedule 4, paragraph 85; the Social Security and Housing Benefits Act 1982 (c. 24) Schedule 4, paragraph 7; the Social Security Act 1986 (c. 50) Schedule 11; and section 3 of the Statutory Sick Pay Act 1991(c. 3).

(5)

1975 c. 14; sections 101(5A) and (5B) were inserted by the Social Security Act 1986 (c. 50) Schedule 5, paragraph 7(3); section 101(5A) was amended by the Disability Living Allowance and Disability Working Allowance Act 1991 (c. 21)Schedule 1, paragraph 6(b). See the definitions of “prescribe” and “regulations” in the 1975 Act, Schedule 20. The definition of “regulations” was substituted by the Social Security Act 1986 (c. 50) Schedule 5, paragraph 20.