OpenLegislation

Paragraph 4 Death of a party to an appealI1

England, Wales and Scotland

(F11)

In any proceedings, on the death of a party to those proceedings, the Secretary of State may appoint a person to proceed with the appeal in the place of such deceased party.

(2)

A grant of probate, confirmation or letters of administration in respect of the estate of the deceased party, whenever taken out, shall have no effect on an appointment made under sub-paragraph (1).

(3)

Where a person appointed under sub-paragraph (1) has, prior to the date of such appointment, taken any action in relation to the appeal on behalf of the deceased party, the appointment shall be treated as having effect on the day immediately prior to the first day on which such action was taken.

Annotations

Textual amendments

F1

Sch. para. 4 omitted (28.10.2013) by virtue of The Social Security, Child Support, Vaccine Damage and Other Payments (Decisions and Appeals) (Amendment) Regulations 2013 (S.I. 2013/2380), regs. 1(2), 6(4) (with reg. 8(1))

Commencement

I1

Sch. para. 4 wholly in force; sch. para. 4 not in force at made date; sch. para. 4 in force at 29.7.2013 for certain purposes and sch. para. 4 in force at 25.11.2013 in so far as not already in force, see reg. 1, SI 2013/1860 and S.I. 2013/2947

Notes on Schedule 2

Textual amendments

F1

Sch. 2: Sch. renumbered as Sch. 2 (26.5.2022) by The Child Support (Amendments Relating to Electronic Communications and Information) (England and Wales and Scotland) Regulations 2022 (S.I. 2022/503), regs. 1(2), 28