# Pensions Appeal Tribunals (Northern Ireland) (Amendment) Rules 2008

S.R. 2008/444 · made 11 November 2008

These Rules amend the Pensions Appeal Tribunals (Northern Ireland) Rules 1981 to provide the procedure for a new route of appeal to the Upper Tribunal from a decision of the Pensions Appeal Tribunal in an assessment appeal.

Made under: 1943 c. 39 (Section 6)

PDFs: Printed copy https://openlegislation.uk/pensions-appeal-tribunals-northern-ireland-amendment-rules-2008/pdf/nisr_20080444_en.pdf; Explanatory Memorandum https://openlegislation.uk/pensions-appeal-tribunals-northern-ireland-amendment-rules-2008/pdf/nisrem_20080444_en.pdf

## Introductory text

Pensions (northern Ireland)
Made 11th November 2008
Coming into operation 15th December 2008
To be laid before Parliament
I, The Right Honourable Sir Brian Kerr, Lord Chief Justice of Northern Ireland, in exercise of the powers conferred on me by section 6 of, and paragraph 5 of the Schedule to, the Pensions Appeal Tribunals Act 1943 and of all other powers enabling me in this behalf, do hereby make the following Rules:

## 1 Citation, commencement and interpretation

(1) These Rules may be cited as the Pensions Appeal Tribunals (Northern Ireland) (Amendment) Rules 2008 and shall come into operation on 15th December 2008.
(2) In these Rules a reference to a rule or schedule by number is a reference to that Rule or Schedule as numbered in the Pensions Appeal Tribunals (Northern Ireland) Rules 1981.

## 2 Transitional provisions

(1) These Rules apply to appeals to the Pensions Appeal Tribunal where the decision disposing of the appeal is made on or after the date on which these Rules come into force.
(2) For all other purposes, the Pensions Appeal Tribunals (Northern Ireland) Rules 1981 shall have effect as if these Rules had not been made.

## 3 Amendments to the Pensions Appeal Tribunals (Northern Ireland) Rules 1981

In the Arrangement of Rules at the beginning of the Pensions Appeal Tribunals (Northern Ireland) Rules 1981, in the title of Rule 24 for the words “a Pensions Appeal Commissioner” substitute “an appropriate body”.

## 4 Amendments to the Pensions Appeal Tribunals (Northern Ireland) Rules 1981

(1) Rule 2(1) shall be amended as follows:
(a) after the definition for “appellant” and before the definition for “assessment appeal” there shall be inserted the following definition:
““appropriate body” means—
(a) the Upper Tribunal in the case of a decision under section 5 of the Act; and
(b) a Commissioner in any other case.”
(b) after the definition of “Tribunal” there shall be inserted the following definition:
““Upper Tribunal” means the Upper Tribunal established pursuant to the Tribunals, Courts and Enforcement Act 2007.”

## 5 Amendments to the Pensions Appeal Tribunals (Northern Ireland) Rules 1981

In Rule 18(3)(b), for “a Commissioner” substitute “an appropriate body”.

## 6 Amendments to the Pensions Appeal Tribunals (Northern Ireland) Rules 1981

(1) In Rule 24(1)—
(a) for “a Commissioner” substitute “an appropriate body”; and
(b) omit the words “on an entitlement appeal or a specified decision”.
(2) In Rule 24(2), for “a Commissioner” substitute “an appropriate body”.
(3) In Rule 24(4), for “a Commissioner” substitute “an appropriate body”.

## 7 Amendments to the Pensions Appeal Tribunals (Northern Ireland) Rules 1981

In Rule 30(1), for “a Commissioner” substitute “an appropriate body”.

## Signature

BrianKerr
Lord Chief Justice of Northern Ireland
Dated 11th November 2008

## Explanatory note

(This note is not part of the Rules)
These Rules amend the Pensions Appeal Tribunals (Northern Ireland) Rules 1981 to provide the procedure for a new route of appeal to the Upper Tribunal from a decision of the Pensions Appeal Tribunal in an assessment appeal.
Rules 3, 5 and 7 make consequential amendments.
Rule 4 provides for new definitions consequential on the amendments to the 1981 Rules.
Rule 6 makes amendments to the procedure for dealing with applications for leave to appeal a decision of the Pensions Appeal Tribunal. The existing procedure for applying for leave to appeal to the Commissioner will apply to applications for leave to appeal to the Upper Tribunal.

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Source: https://www.legislation.gov.uk/nisr/2008/444 (the official version)
Page: https://openlegislation.uk/pensions-appeal-tribunals-northern-ireland-amendment-rules-2008
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.