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Pensions Appeal Tribunals Act 1943

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This is the original version (as it was originally enacted).

5(1)Subject as aforesaid, the Lord Chancellor may make rules with respect to—

(a)the manner of hearing of appeals by Pensions Appeal Tribunals and in particular appeals in cases where the appellant owing to illness or other cause is not present at the hearing ;

(b)the mode of proof and admissibility of evidence ;

(c)the representation of the appellant and the Minister at the hearing;

(d)the recording and proof of the decisions of the Tribunals;

and such other matters relating to the practice and procedure of the Tribunals as the Lord Chancellor thinks fit.

(2)Such rules shall provide for the disclosure of all such documents (whether in the possession of a government department or not) as are necessary for disposing fairly of the appeal, subject to such exceptions and conditions as the rules may prescribe in the public interest, and shall provide for making available to the appellant copies of all documents produced to the Tribunal in connection with the appeal except where the Tribunal considers it undesirable in the interests of the appellant.

(3)Such rules may provide for the taking of medical and other expert advice by the Tribunals but shall require that such advice shall be disclosed to the appellant except where the Tribunal considers it undesirable in the interests of the appellant.

(4)Such rules shall provide for the payment by the Tribunal of:—

(a)travelling expenses and allowances to the following persons,—

(i)an appellant attending the hearing of his appeal by the Tribunal;

(ii)in a case where an appellant is unable to attend the hearing for reasons of health, a relative or friend attending the hearing on his behalf ;

(iii)in a case where the appellant attends the hearing but requires for reasons of health to be accompanied by an attendant, that attendant;

(b)expenses reasonably incurred by appellants in obtaining, for the purpose of their appeals, medical reports and certificates and the attendance of medical witnesses ; and

(c)in a case where leave is obtained (whether by the appellant or the Minister) to appeal to a judge of the High Court, the costs incurred by the appellant in connection with that appeal.

(5)All such rules shall be laid before Parliament as soon as may be after they are made, and if either House, within the period of forty days beginning with the day on which any such rules are laid before it, resolves that the rules be annulled, they shall thenceforth become void, but without prejudice to the" validity of anything previously done thereunder or to the making of new rules. In reckoning any such period of forty days as aforesaid, no account shall be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.

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