SCHEDULE Constitution, Jurisdiction, and Procedure of Pensions Appeal Tribunals

Section 8.

1

Pensions appeal tribunals shall be constituted for such parts of, or places in, the United Kingdom as the Lord Chancellor, after consultation with the Minister of Pensions, may determine.

2

The members of each tribunal shall be appointed by the Lord Chancellor, and shall consist of—

i

one legal representative, . . . F1; and

F2ii

a person who has served in Her Majesty’s Forces

iii

a duly qualified medical practitioner.

F32A

For the purposes of paragraph 2(i) the legal representative shall be—

a

a person who has a 7 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990;

b

an advocate or solicitor in Scotland of at least 7 years’ standing; or

c

a member of the Bar of Northern Ireland or solicitor of the Supreme Court of Northern Ireland of at least 7 years’ standing.

3

In the case of a casual vacancy on a pensions appeal tribunal the Lord Chancellor may appoint a similarly qualified person to fill the vacancy.

4

The legal representative shall be the chairman of each tribunal.

5

The number of members of a tribunal to hear any particular case shall be three. Where the claim is that of an officer the second member shall be an officer, and where the claim to be heard is that of a man, the second member shall be a man.

6

There shall be paid to the members of pensions appeal tribunals such remuneration as the Treasury may determine, and any such remuneration and any expenses which may be incurred by a tribunal up to such amount as is sanctioned by the Treasury shall be paid out of moneys provided by Parliament.

7

No court fees shall be charged on the hearing of any case before a pensions appeal tribunal.

8

Subject as aforesaid, the Lord Chancellor may make regulations with respect to the procedure of pensions appeal tribunals, and may by such regulations provide for . . . F4the summoning of expert and other witnesses, the representation of the claimants and the Ministry at the hearing of any appeal, the arrangements for the sittings of the tribunals (including the sitting of more than one tribunal in the same area) the particular cases which any tribunal shall hear, and such other matters as may be required for the due and speedy determination of appeals.

C19

Lord Chancellor” shall mean, in the application of this schedule to Scotland, the Lord President of the Court of Session, and in its application to Ireland, the Lord Chancellor of Ireland.