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Pensions Appeal Tribunals Act 1943

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[F16DProcedure in proceedings before CommissionerE+W+S+N.I.

(1)Regulations may make, for the purposes of proceedings under this Act before [F2a Northern Ireland Social Security Commissioner], any provision which may be made by procedure regulations under [F3 Article 16 of the Social Security (Northern Ireland) Order 1998 F4] for the purposes of proceedings under [F5that Order] before a Commissioner.

(2)The Lord Chancellor may by regulations provide—

(a)for officers authorised by the Lord Chancellor F6. . . to make any determinations which fall to be made by [F7Northern Ireland Social Security Commissioners];

(b)for the procedure to be followed by such officers in making such determinations;

(c)for the manner in which such determinations by such officers may be called in question.

(3)Regulations prescribing the procedure to be followed in cases before [F2a Northern Ireland Social Security Commissioner] shall provide that any hearing shall be in public except in so far as the Commissioner for special reasons otherwise directs.

(4)If it appears to [F2a Northern Ireland Social Security Commissioner] that a matter before him involves a question of fact of special difficulty, he may direct that in dealing with that matter he shall have the assistance of one or more experts.

In this subsection “expert” means a person appearing to the Commissioner to have knowledge or experience which would be relevant in determining the question of fact of special difficulty.

(5)If it appears to the [F8 the Chief Social Security Commissioner appointed under the Social Security Administration (Northern Ireland) Act 1992 F9](or, in the case of his inability to act, to such other of the [F10Northern Ireland Social Security Commissioners] as he may have nominated to act for that purpose) that—

(a)an application for leave under section 6A(6)(c) of this Act, or

(b)an appeal,

falling to be heard by one of the [F10Northern Ireland Social Security Commissioners] involves a question of law of special difficulty, he may direct that the application or appeal be dealt with, not by that Commissioner alone, but by a tribunal consisting of two or more [F10Northern Ireland Social Security Commissioners].

If the decision of the tribunal is not unanimous, the decision of the majority shall be the decision of the tribunal; and the presiding Commissioner shall have a casting vote if the votes are equally divided.

(6)Regulations may make provision with respect to—

(a)the correction of accidental errors in any decision or record of a decision of [F2a Northern Ireland Social Security Commissioner] under this Act; and

(b)the setting aside of any such decision in a case where it appears just to set the decision aside on the ground that—

(i)additional evidence is available;

(ii)a document relating to the proceedings in which the decision was given was not sent to, or was not received at an appropriate time by, a party to the proceedings or a party’s representative or was not received at an appropriate time by the Commissioner; or

(iii)a party to the proceedings or a party’s representative was not present at a hearing related to the proceedings.

(7)Nothing in subsection (6) above shall be construed as derogating from any power to correct errors or set aside decisions which is exercisable apart from regulations made by virtue of that subsection.

(8)Except so far as it may be applied in relation to F11. . . Northern Ireland by regulations, Part 1 of the Arbitration Act 1996 shall not apply to any proceedings under this Act.

(9)F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

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Amendments (Textual)

F1Ss. 6A-6D inserted (22.2.2005 for certain purposes and otherwise 6.4.2005) by Armed Forces (Pensions and Compensation) Act 2004 (c. 32), ss. 5, 8, Sch. 1 para. 4 (with transitional provisions in S.I. 2005/660, art. 2); S.I. 2005/356, art. 2, Schs. 1, 2

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