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Pensions Appeal Tribunals Act 1943

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6 Constitution jurisdiction and procedure of Pensions Appeal Tribunals [F1for Scotland and Northern Ireland etc].E+W+S+N.I.

(1)The provisions of the Schedule to this Act shall have effect with respect to the constitution, jurisdiction and procedure of Pensions Appeal Tribunals [F2for Scotland and Northern Ireland].

(2)F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F4(2ZA)In subsection (2) “relevant judicial authority” means—

(a)in relation to England and Wales, a judge of the High Court in England and Wales nominated for the purposes of subsection (2) by the Lord Chief Justice of England and Wales after consulting the Lord Chancellor;

(b)in relation to Scotland, the Court of Session;

(c)in relation to Northern Ireland, the Court of Appeal in Northern Ireland.

(2ZB)The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (2ZA)(a).]

(2A)F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2B)F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F5F6(2C)[F7 Where—

(a)a case is referred under section 6B of this Act for redetermination, or determination by a differently constituted [F8Pensions Appeal Tribunal for Scotland or Northern Ireland,]

(b)a direction for a rehearing is given under rules made by virtue of paragraph 5(3B) of the Schedule to this Act,]

[F9(c)the First-tier Tribunal reviews a decision made by it under this Act which it sets aside under section 9(4)(c) of the Tribunals, Courts and Enforcement Act 2007, or

(d)a case involving a decision made by the First-tier Tribunal under this Act is remitted to it by the Upper Tribunal under section 12(2)(b)(i) of that Act,]

the Minister may, before the expiry of the period of two months beginning with the date of the direction, review the original decision.

(2D)If, on any such review, the Minister is of the opinion that there are grounds for revising the original decision he shall—

(a)notify the appellant of his opinion and of the revision which he proposes to make; and

(b)if the appellant withdraws his appeal against the original decision, revise it accordingly.]

(3)[F10 Subject to—

(a)sections 6A and 6B of this Act,F11. . .

(b)rules made by virtue of paragraph 5(3A) of the Schedule to this Act[F12, and

(c)provision made by or under Chapter 2 of Part 1 of the Tribunals, Courts and Enforcement Act 2007,]]

the decision of [F13the appropriate tribunal] on any issue on which an appeal is brought under this Act shall be final and conclusive.

(4)In determining an appeal under this Act in respect of any claim or award, the [F14appropriate tribunal] shall be bound by the terms of the Royal Warrant, Order in Council, Order of His Majesty or scheme under which the claim or award purports to be made and of any enactment under which any such scheme is made, being terms relating to the issue before the [F14appropriate tribunal].

[F15(5)In the application of subsection (2) in relation to Northern Ireland, “rules of court” means rules of court made under section 55 of the Judicature (Northern Ireland) Act 1978.]

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Amendments (Textual)

F6By The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), arts. 1(4), 9(1), Sch. 3 para. 12(4)(c), it is provided that the words "or direction" in s. 6(2C) be substituted (3.11.2008) by the words ", direction, setting aside or remittal"

Modifications etc. (not altering text)

C1S. 6 amended by S.I. 1980/1082, arts. 4, 5, 7

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