Regulation 2 Amendment to the Social Security Commissioners (Procedure) Regulations 1999

before the definition of “the 1998 Act”, insert—

• ““the 1943 Act” means the Pensions Appeal Tribunals Act 1943^f1;”;

for the definition of “appeal tribunal” substitute—

• ““appeal tribunal” means—

  1. (i)

     an appeal tribunal constituted under Chapter 1 of Part 1 of the 1998 Act; or

  2. (ii)

     a Pensions Appeal Tribunal;”;

in the definition of “authorised officer”, after “the 1998 Act” insert “or section 6D(2) of the 1943 Act”;

in paragraph (ii) of the definition of “the chairman”, after “the 1998 Act” insert “, section 6A of the 1943 Act”;

for the definition of “Commissioner” substitute—

• ““Commissioner” means the Chief Social Security Commissioner or any other Social Security Commissioner appointed under the 1998 Act, and includes a tribunal of:

  1. (i)

     three or more Commissioners constituted under section 16(7) of the 1998 Act or paragraph 10(5) of Schedule 7 to the 2000 Act; and

  2. (ii)

     two or more Commissioners constituted under section 6D(5) of the 1943 Act or section 16(7) of the 1998 Act;”;

in the definition of “respondent”, at the end of paragraph (iii) insert—

• “,

(iv)

in the case of an application or appeal under the 1943 Act, the person with a right to appeal under section 6A(2) of that Act other than the applicant or appellant”;

after paragraph (2) insert—

“(3)

A Commissioner is to be known as a “Pensions Appeal Commissioner”—

(a)

where an application or appeal is made to a Commissioner under the 1943 Act;

(b)

in respect of the determination of a forfeiture rule question, where the relevant enactment for the purposes of section 4(5) of the Forfeiture Act 1982 is—

(i)

the Personal Injuries (Emergency Provisions) Act 1939^f2;

(ii)

the Pensions (Navy, Army, Air Force and Mercantile Marine) Act 1939^f3;

(iii)

the Polish Resettlement Act 1947^f4; or

(iv)

the Armed Forces (Pensions and Compensation) Act 2004^f5.”.