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The Social Security(Northern Ireland) Order 1989


This is the original version (as it was originally made).

9.—(1) In section 112A of that Act (appeals from medical appeal tribunal to Commissioner on point of law)—

(a)subsection (4) (power of tribunal to refer question of law to a Commissioner) shall cease to have effect; and

(b)in subsection (5) (tribunal to revise decision on case in light of Commissioner’s decision on point of law) the words “or reference” and the words from “and the medical” onwards shall cease to have effect.

(2) After subsection (5) of that section insert the following subsections—

(5A) Where the Commissioner holds that the decision was erroneous in point of law he shall set it aside and refer the case to a medical appeal tribunal with directions for its determination.

(5B) Subject to any direction of the Commissioner, the tribunal on a reference under subsection (5A) above shall consist of persons who were not members of the tribunal which gave the erroneous decision..

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