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The Social Security and Child Support (Decisions and Appeals) Regulations 1999
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CHAPTER IE+W+STHE PANEL AND APPEAL TRIBUNALS
Persons appointed to the panelE+W+S
35. [F1For the purposes of section 6(3), the panel shall include persons with the qualifications specified in Schedule 3.]
Textual Amendments
F1 Regs. 35-38 omitted (3.11.2008) by virtue of Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008 (S.I. 2008/2683) , art. 1 , Sch. 1 para. 124 (with arts. 3(2)(b) , 4 )
Composition of appeal tribunalsE+W+S
36 .— ( 1 ) [F1 Subject to the following provisions of this regulation, an appeal tribunal F2 ... shall consist of a legally qualified panel member. ]
[F3(2) Subject to [F4paragraphs (3) to (5) [F5and (8)]], an appeal tribunal shall consist of a legally qualified panel member and—
(a)[F1a medically qualified panel member where—
(i)the issue, or one of the issues, raised on the appeal is whether the [F6personal capability assessment] is satisfied; or
(ii)the appeal is made under section 11(1)(b) of the 1997 Act; or
[F7[F8(iii)the appeal is made under section 157(1) of the Health and Social Care (Community Health and Standards) Act 2003; or]]]]
F1( b ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1( 3 ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1( 4 ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
( 5 ) [F1Where the composition of an appeal tribunal is prescribed under [F9paragraph (1), (2)(a)] [F10or (3)], the President may determine that the appeal tribunal shall include such an additional member drawn from the panel constituted under section 6 as he considers appropriate for the purposes of providing further experience for that additional member or for assisting the President in the monitoring of standards of decision making by panel members.]
F1( 6 ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1( 7 ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F11(8) [F1A person shall not act as a medically qualified panel member of an appeal tribunal in any appeal if he has at any time advised or prepared a report upon any person whose medical condition is relevant to the issue in the appeal, or has at any time regularly attended such a person.]]
F12( 9 ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1 Regs. 35-38 omitted (3.11.2008) by virtue of Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008 (S.I. 2008/2683) , art. 1 , Sch. 1 para. 124 (with arts. 3(2)(b) , 4 )
F2Words in reg. 36(1) omitted (19.6.2000) by The Social Security and Child Support (Decisions and Appeals) (Amendment) Regulations 2000 (SI 2000/1596), reg. 1(1), 24(a)
F3Reg. 36(2) substituted (1.6.1999) by The Social Security and Child Support (Decisions and Appeals) (Amendment) Regulations 1999 (SI 1999/1466), reg. 1, 2(a)
F4Words in reg. 36(2) substituted (19.6.2000) by The Social Security and Child Support (Decisions and Appeals) (Amendment) Regulations 2000 (SI 2000/1596), reg. 1(1), 24(b)
F5 Words in reg. 36(2) substituted (21.12.2004) by Social Security, Child Support and Tax Credits (Decisions and Appeals) Amendment Regulations 2004 (S.I. 2004/3368) , regs. 1 , 2(4)(a)
F6Words in reg. 36(2)(a)(i) substituted (19.6.2000) by The Social Security and Child Support (Decisions and Appeals) (Amendment) Regulations 2000 (SI 2000/1596), reg. 1(1), 24(c)
F7 Reg. 36(2)(a)(iii) inserted (1.4.2007) by Health and Social Care (Community Health and standards) Act 2003 Supplementary Provisions (Recovery of NHS Charges) (Scotland) Order 2007 (S.S.I. 2007/223) , arts. 1(1) , 2
F8 Reg. 36(2)(a)(iii) inserted (13.4.2007) by Health and Social Care (Community Health and Standards) Act 2003 Consequential Provisions (Recovery of NHS Charges) Order 2007 (S.I. 2007/917) , arts. 1(1) , 2
F9Words in reg. 36(5) substituted (1.6.1999) by The Social Security and Child Support (Decisions and Appeals) (Amendment) Regulations 1999 (SI 1999/1466), reg. 1, 2(b)
F10 Words in reg. 36(5) substituted (21.12.2004) by Social Security, Child Support and Tax Credits (Decisions and Appeals) Amendment Regulations 2004 (S.I. 2004/3368) , regs. 1 , 2(4)(b)
F11Reg. 36(8)(9) inserted (19.6.2000) by The Social Security and Child Support (Decisions and Appeals) (Amendment) Regulations 2000 (SI 2000/1596), reg. 1(1), 24(h)
F12 Reg. 36(9) omitted (21.12.2004) by virtue of Social Security, Child Support and Tax Credits (Decisions and Appeals) Amendment Regulations 2004 (S.I. 2004/3368) , regs. 1 , 2(4)(c)
Modifications etc. (not altering text)
C1 Reg. 36 applied (mods) (29.1.2007) by Personal Injuries (NHS Charges) (Reviews and Appeals) and Road Traffic (NHS Charges) (Reviews and Appeals) (Amendment) Regulations 2006 (S.I. 2006/3398) , regs. 1(1) , 8
C2 Reg. 36(1)(5) applied (with modifications) (29.1.2007) by Personal Injuries (NHS Charges) (Reviews and Appeals) (Scotland) Regulations 2006 (S.S.I. 2006/593) , regs. 1(1) , 8 (with reg. 8(4) )
Assignment of clerks to appeal tribunals: function of clerksE+W+S
37. [F1The Secretary of State shall assign a clerk to service each appeal tribunal and the clerk so assigned shall be responsible for summoning members of the panel constituted under section 6 to serve on the tribunal.]
Textual Amendments
F1 Regs. 35-38 omitted (3.11.2008) by virtue of Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008 (S.I. 2008/2683) , art. 1 , Sch. 1 para. 124 (with arts. 3(2)(b) , 4 )
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