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The Pensions Appeal Tribunals (Posthumous Appeals) (Amendment) Order 2005

S.I. 2005/245 · Made 9 February 2005

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

Made 9th February 2005

Laid before Parliament 21st February 2005

Coming into force in accordance with article 1(1)

At the Court at Buckingham Palace, the 9th day of February 2005

Present,

The Queen’s Most Excellent Majesty in Council

Her Majesty, in exercise of the powers conferred on Her by section 16(1) and (2) of the Social Security Act 1980f1, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

Annotations to the whole text

Footnotes

f1

1980 c. 30.

Contents

  1. 1Citation, commencement and interpretation
  2. 2Amendment to the Pensions Appeal Tribunals (Posthumous Appeals) Order 1980
  3. 3Amendment to the Pensions Appeal Tribunals (Posthumous Appeals) Order 1980
  4. 4Amendment to the Pensions Appeal Tribunals (Posthumous Appeals) Order 1980
  5. 5Amendment to the Pensions Appeal Tribunals (Posthumous Appeals) Order 1980
  6. 6Amendment to the Pensions Appeal Tribunals (Posthumous Appeals) Order 1980
  7. 7Amendment to the Pensions Appeal Tribunals (Posthumous Appeals) Order 1980
  8. 8Amendment to the Pensions Appeal Tribunals (Posthumous Appeals) Order 1980
  9. 9Amendment to the Pensions Appeal Tribunals (Posthumous Appeals) Order 1980
  10. 10Amendment to the Pensions Appeal Tribunals (Posthumous Appeals) Order 1980
  11. 11Amendment to the Pensions Appeal Tribunals (Posthumous Appeals) Order 1980
  12. 12Amendment to the Pensions Appeal Tribunals (Posthumous Appeals) Order 1980
  13. 13Amendment to the Pensions Appeal Tribunals (Posthumous Appeals) Order 1980
  14. Signature
  15. Explanatory note

1Citation, commencement and interpretation

(1)

This Order may be cited as the Pensions Appeal Tribunals (Posthumous Appeals) (Amendment) Order 2005 and shall come into force on the day on which paragraphs 3 to 6 of Schedule 1 to the Armed Forces (Pension and Compensation) Act 2004f1 come into force for all purposes.

(2)

Reference in this Order to an article by number alone means an article so numbered in the Pensions Appeal Tribunals (Posthumous Appeals) Order 1980f2.

2Amendment to the Pensions Appeal Tribunals (Posthumous Appeals) Order 1980

In article 1(2), after the definition of “the Civilians Scheme” insert—

  • ““Commissioner” means the Chief Social Security Commissioner or any other Social Security Commissioner appointed under—

    1. (a)

      the Social Security Act 1998f1; or

    2. (b)

      the Social Security Administration (Northern Ireland) Act 1992f2,

    and includes a tribunal of Commissioners constituted under section 6D(5) of the Act;.”.

3Amendment to the Pensions Appeal Tribunals (Posthumous Appeals) Order 1980

In article 2, for “and the appellant” substitute “, the appellant and a party”.

4Amendment to the Pensions Appeal Tribunals (Posthumous Appeals) Order 1980

In article 3(1), after “entitlement questions” insert “and specified decisions”.

5Amendment to the Pensions Appeal Tribunals (Posthumous Appeals) Order 1980

In the heading to article 4, for “in the High Court” substitute “to a Commissioner”.

6Amendment to the Pensions Appeal Tribunals (Posthumous Appeals) Order 1980

In article 4—

(a)

in paragraph (1), for “to the High Court under section 6(2)” substitute “to a Commissioner under section 6A”;

(b)

in paragraph (2), for “to the High Court under the said section 6(2)” substitute “to a Commissioner under section 6A”.

7Amendment to the Pensions Appeal Tribunals (Posthumous Appeals) Order 1980

In article 5, for “6” substitute “6A”.

8Amendment to the Pensions Appeal Tribunals (Posthumous Appeals) Order 1980

After article 5 insert—

“Posthumous appeals from a Commissioner

5A.

Where a designated person has brought or continued an appeal under section 6A of the Act, he may appeal from a decision of a Commissioner under section 6C of the Act.”.

9Amendment to the Pensions Appeal Tribunals (Posthumous Appeals) Order 1980

In article 6—

(a)

for the words from “the judge of the High Court” to “section 6(2) of the Act” substitute “a Commissioner”;

(b)

for “or the judge” substitute “or a Commissioner”.

10Amendment to the Pensions Appeal Tribunals (Posthumous Appeals) Order 1980

Omit article 7.

11Amendment to the Pensions Appeal Tribunals (Posthumous Appeals) Order 1980

After article 9(1)f1 insert—

“(3)

The provisions of this Order apply without prejudice to the requirements of leave to appeal and to any time limits which are prescribed by the Act or by rules or regulations made under or by virtue of the Act.”.

12Amendment to the Pensions Appeal Tribunals (Posthumous Appeals) Order 1980

Omit article 10(a) and (b).

13Amendment to the Pensions Appeal Tribunals (Posthumous Appeals) Order 1980

In article 11—

(a)

omit paragraphs (a) and (b);

(b)

in paragraph (d), for “Chairman” substitute “President”.

Signature

A. K. Galloway

Clerk of the Privy Council

Explanatory note

(This note is not part of the Order)

This Order amends the Pensions Appeal Tribunals (Posthumous Appeals) Order 1980 (S.I. 1980/1082) to reflect changes made to the route of onward appeal from the Pensions Appeal Tribunal.

The Armed Forces (Pension and Compensation) Act 2004 (c. 32) amends the Pension Appeal Tribunals Act 1943 (c. 39) to provide that appeals from the Pension Appeal Tribunals will lie to the Social Security Commissioners appointed under Schedule 4 to the Social Security Act 1998 (c. 14) or under section 50 of the Social Security Administration (Northern Ireland) Act 1992 (c. 8).