Social Security Act 1975

94 Appeal on question of law

(1) A question of law arising in connection with the determination by the Secretary of State of any question within section 93(1) above may, if the Secretary of State thinks fit, be referred for decision to the High Court or, in Scotland, the Court of Session.

(2) If the Secretary of State determines in accordance with subsection (1) above to refer any question of law to the court, he shall give notice in writing of his intention to do so—

(a) in a case where the question arises on an application made to the Secretary of State, to the applicant; and

(b) in any case to such persons as appear to him to be concerned with the question.

(3) Any person aggrieved by the decision of the Secretary of State on any question of law within subsection (1) above which is not referred in accordance with that subsection may appeal from that decision to the court.

(4) The Secretary of State shall be entitled to appear and be heard on any such reference or appeal.

(5) Rules of court shall include provision for regulating references and appeals under this section and for limiting the time within which such appeals may be brought.

(6) So much of section 63(1) of the [1925 c. 49.] Supreme Court of Judicature (Consolidation) Act 1925 as requires an appeal from any person to the High Court to be heard and determined by a divisional court shall not apply to appeals under this section.

(7) Notwithstanding anything in any Act, the decision of the court on a reference or appeal under this section shall be final.

(8) On any such reference or appeal the court may order the Secretary of State to pay the costs (in Scotland, the expenses) of any other person, whether or not the decision is in that other person's favour and whether or not the Secretary of State appears on the reference or appeal.