The Pensions Appeal Commissioners (Procedure) (Northern Ireland) Regulations 2005

Interpretation

2.—(1) In these Regulations, unless the context otherwise requires –

“the 1943 Act” means the Pensions Appeal Tribunals Act 1943(1);

“appeal tribunal” means a Pensions Appeal Tribunal;

“authorised officer” means an officer authorised by the Lord Chancellor in accordance with section 6D(2) of the 1943 Act;

“the chairman” for the purposes of regulations 7 and 8 means –

(i)

the person who was the chairman or sole member of the appeal tribunal which gave the decision against which leave to appeal is being sought; or

(ii)

any other person authorised to deal with applications for leave to appeal to a Commissioner against that decision under section 6A of the 1943 Act;

“Commissioner” means the Chief Social Security Commissioner or any other Social Security Commissioner appointed under section 50 of the Social Security Administration (Northern Ireland) Act 1992(2) and includes a tribunal of two or more Commissioners constituted under section 6D(5) of the 1943 Act;

“funding notice” means the notice or letter from the Northern Ireland Legal Services Commission confirming that legal services are to be funded;

“legally qualified” means being a solicitor or barrister;

“live television link” means a television link or other audio and video facilities which allow a person who is not physically present at an oral hearing to see and hear proceedings and be seen and heard by all others who are present (whether physically present or otherwise);

“month” means a calendar month;

“Northern Ireland Legal Services Commission” means the Northern Ireland Legal Services Commission established under Article 3 of the Access to Justice (Northern Ireland) Order 2003(3);

“office” means the Office of the Social Security Commissioners;

“party” means a party to the proceedings;

“proceedings” means any proceedings before a Commissioner, whether by way of an application for leave to appeal to, or from, a Commissioner by way of an appeal; and

“respondent” means the person with a right to appeal under section 6A(2) of the 1943 Act other than the applicant for leave or appellant.

(2) For the purposes of these Regulations, a Commissioner shall be known as the “Chief Pensions Appeal Commissioner” or a “Pensions Appeal Commissioner” as appropriate when dealing with applications under the 1943 Act.

(1)

1943 c. 39; amended by the Armed Forces (Pension and Compensation) Act 2004 (c. 32)

(2)

1992 c. 8

(3)

S.I. 2003 No. 435 (N.I. 10)