Statutory Instrument 1994 No. 1082

The Social Security (Adjudication) Amendment Regulations 1994

---

© Crown Copyright 1994

Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.

The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.

The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Social Security (Adjudication) Amendment Regulations 1994, ISBN 011044082X. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail:customer.services@tso.co.uk.

Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.

To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.

1994 No. 1082

SOCIAL SECURITY

The Social Security (Adjudication) Amendment Regulations 1994

The Secretary of State for Social Security, in exercise of the powers conferred by sections 46(3)(a), 59(1), 189(6), 191 of, and paragraphs 2 and 3 of Schedule 3 to the Social Security Administration Act 1992^[1] and of all other powers enabling him in that behalf, after consultation with the Council on Tribunals in accordance with section 8 of the Tribunals and Inquiries Act 1992^[2] and after agreement by the Social Security Advisory Committee that the proposals to make these Regulations need not be referred to it^[3], hereby makes the following Regulations:

Citation, commencement and interpretation
    1.—(1)  These Regulations may be cited as the Social Security (Adjudication) Amendment Regulations 1994 and shall come into force on 11th May 1994.

    (2)  In these Regulations, unless the context otherwise requires, any reference to a numbered paragraph, regulation or Schedule is a reference to the paragraph, regulation or Schedule bearing that number in the Social Security (Adjudication) Regulations 1986^[4].

Amendment of regulation 1
    2.    After paragraph (5) of regulation 1 there shall be added the following paragraph-
"  (6)  Unless otherwise provided, where by these Regulations any power is conferred on a chairman of an appeal tribunal, a medical appeal tribunal or a disability appeal tribunal then-
(a) if the power is to be exercised at the hearing of an appeal or application, it shall be exercised by the chairman of the tribunal hearing the appeal or application; and

(b) otherwise, it shall be exercised by a person who is eligible to be nominated to act as a chairman of an appeal tribunal under section 41 of the Administration Act^[5]." .

Amendment of regulation 5
    3.    After paragraph (1) of regulation 5 there shall be inserted the following paragraph-
"  (1A)  A chairman may of his own motion at any time before the beginning of the hearing postpone the hearing." .

Amendment of regulation 7
    4.    In regulation 7-
 (a) in paragraph (1) after the word "prosecution" there shall be inserted the words "including the failure of the appellant to comply with a direction given by the chairman under regulation 2(1)(a)";
 (b) in paragraph (2) for the words "Before making an order under paragraph (1) the chairman shall send notice" there shall be substituted the words "The chairman shall not make an order under paragraph (1) before a notice has been sent";
 (c) in paragraph (3) after the words "the party concerned," there shall be inserted the words "made not later than 12 months beginning with the date of the order made under paragraph (1),".

Amendment of Schedule 2
    5.    In Schedule 2 for paragraph 3 there shall be substituted the following paragraph-

"3.    Reference by the Secretary of State notifying the adjudication officer that a decision of an adjudicating medical practitioner ought to be considered by a medical appeal tribunal (section 46(3) of the Administration Act).

A local office.

3 months beginning with the date of the decision of the ad- judicating medical practitioner.

Signed by authority of the Secretary of State for Social Security.

Astor

Parliamentary Under-Secretary of State, Department of Social Security

13th April 1994

These Regulations amend the Social Security (Adjudication) Regulations 1986 as follows-
(a) regulation 1 (interpretation) is amended so that any person who is eligible to be nominated as a chairman of a tribunal may exercise a chairman's powers;

(b) regulation 5 (postponement) is amended to enable a chairman to postpone a hearing of his own motion;

(c) regulation 7 (striking-out of proceedings for want of prosecution) is amended to prevent the re-instatement of an appeal more than 12 months after it is struck out;

(d) Schedule 2 (time limits for making references) is amended by the provision of a 3 month time limit for the Secretary of State to refer to an adjudication officer a decision which ought to be considered by a medical appeal tribunal.

These Regulations do not impose a charge on business.

[1] 1992 c. 5. back

[2] 1992 c. 53. back

[3] Seesection 173(1)(b) and (7) of the Social Security Administration Act 1992. back

[4] S.I. 1986/2218: relevant amendment instruments are S.I. 1990/603, 1991/2889. back

[5] Section 41 was amended by paragraph 36 of Schedule 3 to the Tribunals and Inquiries Act 1992 (c. 53). back