Explanatory note

These Rules amend the Pensions Appeal Tribunals (Scotland) Rules 1981 (“the 1981 Rules”) to reflect the route of appeal from the Pensions Appeal Tribunal to the Upper Tribunal which was established under section 3(2) of the Tribunals, Courts and Enforcement Act 2007.

Rule 2(1) omits rule 2(1A), which provided that a Social Security Commissioner was to be known as a Pensions Appeal Commissioner for the purposes of the 1981 Rules.

Rule 2(2) substitutes a new rule 9, relating to the lapse of appeals.

Rules 2(4), (5), (6) and (8) amend rules 16, 18, 24 and 30 of the 1981 Rules respectively, by substituting new references to the Upper Tribunal for references to a Commissioner. These are the rules relating to adjourned hearings, notification of decisions of the Pensions Appeal Tribunal, appeals from the Pensions Appeal Tribunal and applications to the President of the Pensions Appeal Tribunals for Scotland for directions. Rule 2(6)(b) also brings applications for leave to appeal to the Upper Tribunal in respect of assessment appeals under section 5 of the Pensions Appeal Tribunals Act 1943 within the scope of the procedure set out in rule 24 of the 1981 Rules.