Disability Living Allowance and Disability Working Allowance Act 1991

Disability appeal tribunals

14 On the day when this paragraph comes into force, and by virtue of its operation—

(a) the President of social security appeal tribunals and medical appeal tribunals shall become President of social security appeal tribunals, medical appeal tribunals and disability appeal tribunals;

(b) each regional chairman of social security appeal tribunals and medical appeal tribunals shall become regional chairman of social security appeal tribunals, medical appeal tribunals and disability appeal tribunals; and

(c) each other full-time chairman of social security appeal tribunals and medical appeal tribunals shall become full-time chairman of social security appeal tribunals, medical appeal tribunals and disability appeal tribunals.

15 The following shall be substituted for paragraph 1A(1) of Schedule 10 to the 1975 Act and the heading immediately preceding it—

“The President of social security appeal tribunals, medical appeal tribunals and disability appeal tribunals and regional chairmen and other full-time chairmen

1A (1) The Lord Chancellor may, after consultation with the Lord Advocate, appoint—

(a) a President of social security appeal tribunals, medical appeal tribunals and disability appeal tribunals; and

(b) regional and other full-time chairmen of such tribunals.”.

16 The following Schedule shall be inserted after that Schedule—

“Schedule 10A Disability Appeal Tribunals

1 A disability appeal tribunal shall consist of a chairman and two other persons.

2 Section 97(2C) to (2E) above shall have effect in relation to the chairman of a disability appeal tribunal as they have effect in relation to the chairman of a social security appeal tribunal.

3 The President shall constitute for the whole of Great Britain, to act for such areas as he thinks fit and be composed of such persons as he thinks fit to appoint, panels of persons to act as members of disability appeal tribunals.

4 There shall be two panels for each area.

5 One panel shall be composed of medical practitioners.

6 The other shall be composed of persons who are experienced in dealing with the needs of disabled persons—

(a) in a professional or voluntary capacity; or

(b) because they are themselves disabled,

but may not include medical practitioners.

7 In considering the appointment of members of the panels the President shall have regard to the desirability of appointing disabled persons.

8 Paragraph 1(2A) and (6) of Schedule 10 above have effect in relation to panels constituted under this Schedule as they have effect in relation to the panels mentioned in section 97(2A) of this Act.

9 Of the members of a tribunal other than the chairman one shall be drawn from the panel mentioned in paragraph 5 above.

10 The other shall be drawn from the panel mentioned in paragraph 6 above.

11 Paragraphs 1A(11) and 1B to 3 of Schedule 10 above apply to disability appeal tribunals as they apply to social security appeal tribunals.

12 In summoning members of a panel to serve on a tribunal, the clerk to the tribunal shall have regard to the desirability of at least one of the members of the tribunal being a disabled person.

13 If practicable, at least one of the members of the tribunal shall be of the same sex as the claimant.”.

17 In paragraph 7A of Schedule 13 (procedure regulations) after the words “social security appeal tribunal” there shall be inserted the words “, a disability appeal tribunal”.