The Social Security (Adjudication) Regulations 1995

PART V TRANSITIONAL PROVISIONS AND REVOCATIONS

Transitional provisions

68.—(1) The Social Security (Adjudication) Regulations 1986(1) as originally made, shall continue to apply to the adjudication of any claim or question under the National Assistance Act 1948(2) or the Supplementary Benefit Act 1966(3) as they apply to a corresponding claim or question under the Supplementary Benefits Act 1976(4) and to the adjudication of any claim or question under the Supplementary Benefits Act 1976 as if the present Regulations had not been made.

(2) Anything done, begun or deemed to be done or begun under the Social Security (Adjudication) Regulations 1986 shall be deemed to have been done or continued under the corresponding provisions of these Regulations.

(3) So much of any document as refers expressly or by implication to any regulation revoked by these Regulations shall, if and so far as the context permits, for the purposes of these Regulations be treated as referring to the corresponding provision of these Regulations.

(4) Nothing in paragraphs (2) and (3) shall be taken as affecting the general application of the rules for the construction of Acts of Parliament contained in sections 15 to 17 of the Interpretation Act 1978(5) (repealing enactments) with regard to the effect of revocations.

(5) Without prejudice to the powers conferred on the Lord Chancellor or the Lord President of the Court of Session by section 6 of the Tribunals and Inquiries Act 1992(6) or on the Secretary of State or the President by Part II of and Schedule 2 to the Administration Act, any person who, immeidately before the coming into force of section 25 of and Schedule 8 to the Health and Social Services and Social Security Adjudication Act 1983(7), held a subsisting appointment as—

(a) a member of any of the panels of persons constituted under the said section 6 from which were selected chairmen of National Insurance Local Tribunals (constituted under section 97(2) of the Social Security Act 1975) or, as the case may be, of Supplementary Benefit Appeal Tribunals (constitutued under Schedule 4 to the Supplementary Benefits Act) shall be deemed to have been appointed to the panel from which chairmen of appeal tribunals are selected for a period corresponding to that of his subsisting appointment;

(b) a member of either of the tribunal membership panels mentioned in section 97(2)(a) of the Social Security Act 1975 and paragraph 1(a) of Schedule 4 to the Supplementary Benefits Act (representing employers and earners other than employed earners) shall be deemed to have been appointed to the panel constitututed by the President under paragraph 1(4) of Schedule 10 to the 1975 Act for a period corresponding to that of his subsisting appointment;

(c) a member of either of the tribunal membership panels mentioned in section 97(2)(b) of the Social Security Act 1975 and paragraph 1(b) of Schedule 4 to the Supplementary Benefits Act (representing employed earners) shall be deemed to have been appointed to the panel constituted by the President under paragraph 1(3) of Schedule 10 to the 1975 Act for a period corresponding to that of his subsisting appointment;

(d) a clerk to any National Insurance Local Tribunal or Supplementary Benefit Appeal Tribunal shall be deemed to have been assigned by the President as a clerk to the appeal tribunal for the area in question;

(e) a member of a pneumoconiosis medical panel (under regulation 49 of the Social Security (Industrial Injuries) (Prescribed Diseases) Regulations 1980(8)) shall be deemed to have been appointed as a specially qualified adjudicating medical practitioner.

Revocations

69.  The Regulations set out in column (1) of Schedule 4 are revoked to the extent mentioned in column (3) of that Schedule.

(1)

S.I. 1986/2218; the Regulations as originally made were saved with respect to the adjudication of claims and questions under the Supplementary Benefits Act 1976 by S.I. 1987/1970 regulation 13.

(2)

1948 c. 29.

(3)

1966 c. 20.

(4)

1976 c. 71.

(5)

1978 c. 30.

(6)

1992 c. 53.

(7)

1983 c. 41.

(8)

S.I. 1980/377.