The Pensions Appeal Tribunals (Scotland) (Amendment) Rules 2009

Citation, commencement and interpretation

1.—(1) These Rules—

(a) may be cited as the Pensions Appeal Tribunals (Scotland) (Amendment) Rules 2009; and

(b) come into force on 16th November 2009.

(2) A reference in these Rules to any rule by number alone means the rule so numbered in the Pensions Appeal Tribunals (Scotland) Rules 1981(1).

Amendment of the Pensions Appeal Tribunals (Scotland) Rules 1981

2.—(1) Omit rule 2(1A) (references to a Commissioner).

(2) For rule 9 (withdrawal of appeal), substitute—

“9.— (1) Where the Secretary of State revises the decision challenged, the appeal shall continue as if brought in relation to the revised decision.

(2) The appeal will lapse if the appellant does not wish to proceed with the appeal and notifies the Pensions Appeal Office accordingly.”.

(3) The heading of rule 9 becomes “Lapse of appeal”.

(4) In rule 16 (adjourned hearings)(2), for “a Commissioner” substitute “the Upper Tribunal”.

(5) In rule 18 (decisions of the tribunal)(3), in paragraph (3)(b), for “a Commissioner” substitute “the Upper Tribunal”.

(6) In rule 24 (appeal to a Pensions Appeal Commissioner)(4)—

(a) in paragraphs (1), (2) and (4), for “a Commissioner” substitute “the Upper Tribunal”; and

(b) in paragraph (1), after “decision of the tribunal on” insert “an assessment appeal,”.

(7) The heading of rule 24 becomes “Appeal to the Upper Tribunal”.

(8) In rule 30 (applications to the President for directions)(5), in paragraph (1), for “a Commissioner” substitute “the Upper Tribunal”.

Revocations

3.  Rules 5 and 10 of the Pensions Appeal Tribunals (Scotland) (Amendment) Rules 2005(6) are revoked.

A.C. HAMILTON

Lord President

Edinburgh

13th October 2009