The Pensions Appeal Tribunals (Scotland) (Amendment) Rules 1998

Explanatory Note

(This note is not part of the Rules)

These rules amend the Pensions Appeal Tribunals (Scotland) Rules 1981 (as amended by the Pensions Appeal Tribunals (Scotland) (Amendment) Rules 1986) so as to—

(1) replace the provision for prescribed forms for giving notice of appeal and notice of hearing with a provision that forms for those purposes are to be such as the Lord President of the Court of Session may from time to time approve (rules 3(a)(ii) and (b), 4, 6(a) and 12);

(2) enable the President of the Pensions Appeal Tribunal (“the President”) or a member of the tribunal who has been nominated by the President, on reviewing, before the hearing, the appeal documents, to require further information or evidence, to take the opinion of a medical specialist or other technical expert, or to give a direction on any matter arising (rule 5);

(3) make fresh provision for an appeal to be heard in the absence of the parties (rules 6(b) and 8) but also for re-hearing appeals so heard in certain circumstances (rules 8 and 9);

(4) enable a designated person (normally the next of kin or the personal representative of a deceased appellant) to pursue an as yet undecided appeal merely by timeous notification to the Pensions Appeal Office (replacing a requirement that an application be made to the President) (rule 11); and

(5) make other, minor, amendments (rules 3(a)(i), 7and 10).