Social Security Act 1980

14 Appeal from Commissioners etc on point of law

(1) Subject to subsections (2) and (3) of this section, an appeal on a question of law shall lie to the appropriate court from any decision of a Commissioner.

(2) No appeal under this section shall lie from a decision except—

(a) with the leave of the Commissioner who gave the decision or, in a case prescribed by regulations, with the leave of a Commissioner selected in accordance with regulations; or

(b) if he refuses leave, with the leave of the appropriate court.

(3) An application for leave under this section in respect of a Commissioner's decision may only be made by—

(a) a person who, before the proceedings before the Commissioner were begun, was entitled to appeal to the Commissioner from the decision to which the Commissioner's decision relates;

(b) any other person who was a party to the proceedings in which the first decision mentioned in the preceding paragraph was given;

(c) the Secretary of State or the Department of Health and Social Services for Northern Ireland in a case where he or the Department is not entitled to apply for leave by virtue of either of the preceding paragraphs; and

(d) any other person who is authorised by regulations to apply for leave;

and regulations may make provision with respect to the manner in which and the time within which applications must be made to a Commissioner for leave under this section and with respect to the procedure for dealing with such applications.

(4) On an application to a Commissioner for leave under this section it shall be the duty of the Commissioner to specify as the appropriate court—

(a) the Court of Appeal if it appears to him that the relevant place is in England or Wales ;

(b) the Court of Session if it appears to him that the relevant place is in Scotland ; and

(c) the Court of Appeal in Northern Ireland if it appears to him that the relevant place is in Northern Ireland,

except that if it appears to him, having regard to the circumstances of the case and in particular to the convenience of the persons who may be parties to the proposed appeal, that he should specify a different court mentioned in paragraphs (a) to (c) of this subsection as the appropriate court it shall be his duty to specify the different court as the appropriate court.

(5) In this section—

• " the appropriate court", except in subsection (4), means the court specified, in pursuance of that subsection;

• " Commissioner ". except in subsections (7) and (8), has the meanings assigned to it by the principal Act and the [1975 c. 15.] Social Security (Northern Ireland) Act 1975 ; and

• " the relevant place ". in relation to an application for leave to appeal from a decision of a Commissioner, means the premises where the authority whose decision was the subject of the Commissioner's decision usually exercises its functions.

(6) Regulations may provide for the preceding provisions of this section to have effect, with such modifications as may be prescribed by the regulations, in relation to a decision of a medical appeal tribunal appointed under the [1975 c. 15.] Social Security (Northern Ireland) Act 1975.

(7) In relation to a decision of a Commissioner within the meaning of the principal Act which was given in consequence of a reference under subsection (4) of section 112 of that Act (which enables a medical appeal tribunal to refer a question of law to a Commissioner), subsections (3) and (5) of this section shall have effect with such modifications as may be prescribed by regulations.

(8) The powers to make regulations conferred by this section shall be exercisable—

(a) so far as they relate to a Commissioner within the meaning of the principal Act, by the Secretary of State by statutory instrument; and

(b) so far as they relate to a Commissioner within the meaning of the Social Security (Northern Ireland) Act 1975, or a medical appeal tribunal appointed under that Act, by the Department of Health and Social Services for Northern Ireland by statutory rule for the purposes of the [S.I. 1979/1573 (N.I. 12).] Statutory Rules (Northern Ireland) Order 1979 ;

and any statutory instrument made by virtue of this subsection shall be subject to annulment in pursuance of a resolution of either House of Parliament and any statutory rule so made shall be subject to negative resolution as defined by section 41(6) of the [1954 c. 33 (N.I.).] Interpretation Act (Northern Ireland) 1954 as if it were a statutory instrument within the meaning of that Act.