{
  "url": "https://openlegislation.uk/pensions-appeal-tribunals-scotland-amendment-rules-1998/article-5",
  "json_url": "https://openlegislation.uk/pensions-appeal-tribunals-scotland-amendment-rules-1998/article-5.json",
  "legislation": "uksi/1998/1225",
  "legislation_title": "The Pensions Appeal Tribunals (Scotland) (Amendment) Rules 1998",
  "legislation_url": "https://openlegislation.uk/pensions-appeal-tribunals-scotland-amendment-rules-1998",
  "path": "article/5",
  "kind": "article",
  "number": "5",
  "heading": null,
  "text": "After rule 5 there shall be inserted—\n“Review of appeal documents\n5A 1). After the documents mentioned in paragraphs (a) to (d) of rule 5(6) are received at the Pensions Appeal Office—\n(a) the President, or a member of the tribunal who has been nominated for the purposes of this rule by the President may review those documents;\n(b) if it appears to the reviewer—\n(i) that it is necessary to obtain further information on any point or to require further evidence to be procured or produced, he may require that the information be obtained in such manner as he may direct or, as the case may be, that the appellant or the Secretary of State procure or produce that evidence; or\n(ii) that a difficult medical or other technical question arises, he may take the opinion of a medical specialist or other technical expert in such manner as may appear to the reviewer to be convenient; and\n(c) without prejudice to any application under rule 30, the reviewer may give such other directions as he thinks fit on any matter arising in connection with the appeal.\n(2) When further information is obtained by virtue of sub-paragraph (b)(i) of paragraph (1) it shall, subject to any direction given by the President under rule 6, be communicated to the appellant and the Secretary of State, together with such statement as is mentioned in rule 14(2) except that the reference in 14(2) to a “further hearing” shall be construed, as regards the statement, as a reference to a hearing.\n(3) When evidence is procured or produced by virtue of the said sub-paragraph (b)(i), that evidence shall, subject to any such direction, be communicated to the Pensions Appeal Office, together with the first such statement as is mentioned in rule 14(3) and a copy of the evidence shall be sent from that office to the Secretary of State or as the case may be to the appellant, together with the second such statement as is there mentioned, except that, as regards both statements, the references in 14(3) to a “further hearing” shall be construed as references to a hearing.\n(4) Where the appellant fails to procure or produce evidence in compliance with a requirement under the said sub-paragraph (b)(i), and the reviewer is satisfied that the failure was due to the wilful default of the appellant, the case shall be placed on the deferred list.\n(5) Where a question arising as is mentioned in sub-paragraph (b)(ii) of paragraph (1) is a medical question, the reviewer may arrange for the appellant to be examined by a medical specialist for a report on the appellant’s condition.\n(6) The reviewer shall direct a specialist, or other technical expert, providing an opinion by virtue of paragraph (1)(b)(ii), or a specialist providing a report by virtue of paragraph (5), to send it to the Pensions Appeal Office; and rule 15(3) shall apply as respects the sending of copies of the opinion or report, and of the terms of reference, from that office as it applies in relation to the sending of such copies as are mentioned in that rule, except that the reference in 15(3) to a “further hearing” shall be construed as a reference to a hearing and in the proviso—\n(a) the references to the “chairman” and to the “tribunal” shall be construed as references to the reviewer;\n(b) the words “and, if the appellant was represented at the hearing,” shall be disregarded; and\n(c) the reference to his representative shall be construed as a reference to any such representative if known to the tribunal.”.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1998/1225/article/5",
    "retrieved_at": "2026-10-29T11:30:56.429940+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}