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Explanatory note

Original text. Later amendments are not shown.

(This note is not part of the Regulations)

These Regulations amend the Pensions Appeal Tribunals (Late Appeals) Regulations 2001 (S.I. 2001/1032) (“the 2001 Regulations”).

The 2001 Regulations relate to war pensions and armed forces compensation schemes and the circumstances in which a Pensions Appeal Tribunal for Scotland or Northern Ireland may, under the Pensions Appeal Tribunals Act 1943 (c. 39 6 and 7 Geo. 6), hear a late appeal against a decision by the Secretary of State. A late appeal is one which is brought more than twelve months after the date of the Secretary of State’s decision, but within twenty-four months of it.

Regulation 2 amends the 2001 Regulations by substituting a new regulation 3. New regulation 3 provides:

(a)

that a late appeal will be treated as made in time if the Secretary of State does not object;

(b)

that a Tribunal may allow a late appeal even if the Secretary of State does object, where it is satisfied that it is in the interests of justice to do so; and

(c)

for the revocation of regulation 4 of the 2001 Regulations.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.