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

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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)(1), for “a Commissioner” substitute “the Upper Tribunal”.

(5) In rule 18 (decisions of the tribunal)(2), in paragraph (3)(b), for “a Commissioner” substitute “the Upper Tribunal”.

(6) In rule 24 (appeal to a Pensions Appeal Commissioner)(3)—

(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)(4), in paragraph (1), for “a Commissioner” substitute “the Upper Tribunal”.

(1)

Rule 16 was amended by S.S.I. 2005/152, rule 5.

(2)

Rule 18 was substituted by S.S.I. 2005/152, rule 6.

(3)

Rule 24 was substituted by S.S.I. 2005/152, rule 8.

(4)

Rule 30 was amended by S.S.I. 2005/152, rule 10.

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