Article 43 Certification

United Kingdom

Where any matter is required by this Order to be certified, that matter shall be determined—

(a)

where a Tribunal constituted under the War Pensions (Administrative Provisions) Act 1919 M1 or the Pensions Appeal Tribunals Act 1943 F1or established under the Tribunals, Courts and Enforcement Act 2007 (c.15)M2 has given a decision on that matter under those Acts, in accordance with that decision, or, if an appeal from that decision is brought under those Acts, in accordance with the decision on that appeal;

(b)

where no such decision has been given and the matter involves a medical question—

(i)

in accordance with a certificate on that question of a medical officer or board of medical officers appointed or recognised by the Secretary of State,

(ii)

in a case where a pension or retired pay was payable in respect of disablement or death due to service before the commencement of the 1914 World War or after 30^th September 1921 but before 3rd September 1939, if a certificate on that question has been given before 29th July 1996 by a medical officer or a board of medical officers appointed by the Secretary of State for Defence, in accordance with that certificate, or

(iii)

where it appears to the Secretary of State that the medical question raises a serious doubt or difficulty and he so desires, in accordance with the opinion thereon obtained from one or more of a panel of independent medical experts nominated by the President of the Royal College of Physicians of London, the Royal College of Surgeons of England or the Royal College of Obstetricians and Gynaecologists.

Annotations

Textual amendments

F1: Words in art. 43(a) inserted (3.11.2008) by The Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008 (S.I. 2008/2683), arts. 1, 6(1), Sch. 1 para. 310

Marginal citations

M1: 1919 c. 53.
M2: 1943 c. 39; this Act was amended and modified by the Pensions Appeal Tribunals Act 1949 (c. 12); sub-section (3A) was added to section 1 by the Pensions Appeal Tribunals Act (Modification) Order 1947 (S.I. 1947/1143) and sections 5 and 6 were amended by section 23 of the Chronically Sick and Disabled Persons Act 1970 (c. 44). Sections 5 and 6 were also amended by section 16 of the Social Security Act 1980 (c. 30), and section 6 was also amended by section 43 of the Social Security and Housing Benefits Act 1982 (c. 24) and by the Armed Forces (Pensions and Compensation) Act 2004 (c. 32).