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The Pensions Appeal Tribunals (England and Wales) (Amendment) Rules 2001

S.I. 2001/257 · Made 31 January 2001

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

PENSIONS, ENGLAND AND WALES

Made 31st January 2001

Laid before Parliament 2nd February 2001

Coming into force 9th April 2001

The Lord Chancellor, in exercise of the powers conferred upon him by paragraph 5 of the Schedule to the Pensions Appeal Tribunals Act 1943f1, and after consultation with the Council on Tribunals in accordance with section 8 of the Tribunals and Inquiries Act 1992f2, hereby makes the following Rules:

Annotations to the whole text

Footnotes

f1

1943 c. 39. Paragraph 5 of the Schedule was amended by Part II of Schedule 5 to the Administration of Justice Act 1977 (c. 38) and section 16(6) of the Social Security Act 1980 (c. 30).

f2

1992 c. 35.

Contents

  1. 1Citation and commencement
  2. 2Interpretation
  3. 3Amendments to the Pensions Appeal Tribunals (England and Wales) Rules 1980
  4. 4Amendments to the Pensions Appeal Tribunals (England and Wales) Rules 1980
  5. 5Amendments to the Pensions Appeal Tribunals (England and Wales) Rules 1980
  6. 6Amendments to the Pensions Appeal Tribunals (England and Wales) Rules 1980
  7. 7Amendments to the Pensions Appeal Tribunals (England and Wales) Rules 1980
  8. 8Amendments to the Pensions Appeal Tribunals (England and Wales) Rules 1980
  9. 9Amendments to the Pensions Appeal Tribunals (England and Wales) Rules 1980
  10. 10Amendments to the Pensions Appeal Tribunals (England and Wales) Rules 1980
  11. Signature
  12. Explanatory note

1Citation and commencement

These Rules may be cited as the Pensions Appeal Tribunals (England and Wales) (Amendment) Rules 2001 and shall come into force on 9th April 2001.

2Interpretation

A reference in these Rules to any rule by number alone means the rule so numbered in the Pensions Appeal Tribunals (England and Wales) Rules 1980f1.

3Amendments to the Pensions Appeal Tribunals (England and Wales) Rules 1980

In rule 2—

(a)

in sub-paragraph (b), for “and an assessment appeal” there shall be substituted “, an assessment appeal and an appeal against a specified decision”;

(b)

in sub-paragraph (g), for “1959” there shall be substituted “1983”f1;

(c)

at the end of sub-paragraph (i) there shall be inserted “for England and Wales under section 2Bf2 of the Act; and references to the President shall be construed as including the Deputy President where he is authorised to carry out any function of the President under any provision of the Act or of these Rules”;

(d)

after sub-paragraph (j) there shall be inserted:—

“(jj)

“specified decision” has the meaning given in section 5A of the Actf3;”;

(e)

after sub-paragraph (k) there shall be inserted:—

“(l)

“the Deputy President” means the person appointed by the Lord Chancellor to be Deputy President of Pensions Appeal Tribunals for England and Wales under section 2B of the Act.”.

4Amendments to the Pensions Appeal Tribunals (England and Wales) Rules 1980

In rule 3(1):—

(a)

the word “and” shall be omitted at the end of paragraph (a);

(b)

after paragraph (b) there shall be inserted the following:—

“; and

(c)

an appeal against a specified decision shall be brought by the person in respect of whose claim the Minister has made the decision.”.

5Amendments to the Pensions Appeal Tribunals (England and Wales) Rules 1980

At the end of rule 10 there shall be inserted “or direct that the appeal be struck out”.

6Amendments to the Pensions Appeal Tribunals (England and Wales) Rules 1980

In rule 11(1) the words in brackets shall be omitted.

7Amendments to the Pensions Appeal Tribunals (England and Wales) Rules 1980

In rule 18, the word “shortly” shall be omitted.

8Amendments to the Pensions Appeal Tribunals (England and Wales) Rules 1980

In rule 20(2)(b), after “hearing” there shall be inserted “, giving written reasons for the adjournment”.

9Amendments to the Pensions Appeal Tribunals (England and Wales) Rules 1980

In rule 33, the words “by the tribunal or” and “(if any)” shall be omitted.

10Amendments to the Pensions Appeal Tribunals (England and Wales) Rules 1980

In rule 38, after “be discharged by” there shall be inserted “the Deputy President or, if there is no Deputy President or the Deputy President is for any reason unable to act, by”.

Signature

Signed by authority of the Lord Chancellor

Jane Kennedy

Parliamentary Secretary

Lord Chancellor’s Department

31st January 2001

Explanatory note

(This Note is not part of the Rules)

These Rules amend the Pensions Appeal Tribunals (England and Wales) Rules 1980 so as to reflect the amendments to the Pensions Appeal Tribunals Acts made by the Child Support, Pensions and Social Security Act 2000 and effect other minor changes. In particular, the Rules provide for—

(a)

appeals against “specified decisions” under section 5A of the Pensions Appeal Tribunals Act 1943, as inserted by the Child Support, Pensions and Social Security Act 2000 (rules 3(a) and (d) and 4);

(b)

the position and powers of the Deputy President of Pensions Appeal Tribunals for England and Wales (rules 3(c) and (e) and 10);

(c)

power to strike out an appeal for want of prosecution (rule 5);

(d)

the omission of some unnecessary words in defining what persons may represent an appellant (rule 6);

(e)

the statement of reasons for a decision of a Tribunal, including a decision to adjourn an appeal (rules 7 and 8);

(f)

the power to extend time limits to be confined to the President (rule 9).