Marginal Citations
Modifications etc. (not altering text)
C1The text of ss.3(4)(8)(9)(12), 4(1), 6(1)(3), 9(6), 16(3)–(6), 21(4), Sch. 2 para. 32, Sch. 2 Pt. II, Schs. 4, 5 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
(1)The Secretary of State may by rules make provision for any party to proceedings before an Appeal Tribunal (whether under this or any other Act) to appeal to a Commissioner against a decision of the tribunal.
(2)Rules under this section may, in particular, make provision—
(a)as to cases and circumstances in which, and the conditions subject to which, appeals may be made, including provision either generally or in relation to specified classes of case for appeals—
(i)to be confined to points of law;
(ii)to be made only with leave;
(b)as to the manner in which, and the time within which, appeals are to be brought and (where appropriate) applications are to be made for leave to appeal;
(c)as to the procedure to be followed on appeals;
(d)as to the payment by the Secretary of State to persons attending proceedings before a Commissioner of travelling and other allowances (including compensation for loss of remunerative time).
(3)The power to make provision as to procedure under subsection (2)(c) above includes power to make provision as to the representation of one person in any proceedings by another person.
(4)Rules under this section may provide for a Commissioner hearing an appeal—
(a)to give any decision which might have been given by the tribunal;
(b)to refer the case to another tribunal, with directions;
(c)to dispose of the appeal in such other manner as may be specified;
and in any case where directions are given to a tribunal in accordance with rules under this section the tribunal shall proceed accordingly.
(5)In this section “Commissioner” has the same meaning as in the M2Social Security Act 1975.”
Marginal Citations