The Transfer of Tribunal Functions Order 2008

Pensions Appeal Tribunals Act 1943

14.  In section 6B (redetermination etc of appeals by Pensions Appeal Tribunal)—

(a) in the title for “Pensions Appeal Tribunal” substitute “appropriate tribunal”;

(b) for subsection (1) substitute—

“(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.”;

(c) in subsection (2)—

(i) for “the person” substitute “the tribunal or person to whom the application is made”;

(ii) for “he” substitute “that tribunal or person”;

(iii) for “the Tribunal” substitute “the tribunal concerned”; and

(iv) for “constituted Tribunal” substitute “constituted Pensions Appeal Tribunal for Scotland or Northern Ireland”; and

(d) in subsection (3)—

(i) for “the person” substitute “the tribunal or person to whom the application is made”; and

(ii) for “constituted Tribunal” substitute “constituted Pensions Appeal Tribunal for Scotland or Northern Ireland”; and

(e) after that subsection insert—

“(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.”.