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The Pensions Appeal Tribunals (Scotland) (Amendment) Rules 2005

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Amendment of the Pensions Appeal Tribunals (Scotland) Rules 1981

8.  For rule 24 substitute—

Appeal to a Pensions Appeal Commissioner

24.(1) An application for leave to appeal to a Commissioner from a decision of the tribunal on an entitlement appeal or a specified decision shall—

(a)be sent to the Pensions Appeal Office within six weeks of the date the written statement of the reasons for the decision was sent or given to the applicant;

(b)be in writing and signed by the applicant or, where he has provided written authority to a representative to make the application on his behalf, by that representative;

(c)contain particulars of the grounds on which the applicant intends to rely;

(d)contain sufficient particulars of the decision of the tribunal to enable the decision to be identified; and

(e)if the application is made late, contain the grounds for seeking late acceptance.

(2) Where an application for leave to appeal to a Commissioner is made by the Secretary of State, the Pensions Appeal Office shall, as soon as may be practicable, send a copy of the application to the other party to the proceedings.

(3) Any party who is sent a copy of an application for leave to appeal in accordance with paragraph (2) may make representations in writing within one month of the date the application is sent.

(4) A person determining an application for leave to appeal to a Commissioner shall take into account any representations received in accordance with paragraph (3) and shall record his determination in writing and send a copy to each party to the proceedings.

(5) Where an applicant has not applied for leave to appeal within six weeks in accordance with paragraph (1), but makes an application within one year beginning on the day the six weeks ends, the late application may be accepted for special reasons..

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