The Child Trust Funds (Appeals) (Northern Ireland) Regulations 2005

Explanatory Note

(This note is not part of the Regulations)

These Regulations are made in consequence of the Child Trust Funds Act 2004 which provides that persons with a right of appeal under section 22 of the Act may appeal to an appeal tribunal constituted under provisions in the Social Security (Northern Ireland) Order 1998, as applied and modified by other regulations for child trust fund appeals made by the Treasury (i.e. the Child Trust Funds (Non-tax Appeals) Regulations 2005 (S.I. 2005/191)). These Regulations provide for the procedure for such child trust fund appeals. The procedure is almost the same as that prescribed for other appeals to such appeal tribunals.

Regulation 1 provides for citation, commencement, duration and interpretation. Regulation 2 provides for the service of notices and documents. Regulations 3 and 4 make provision in connection with the timing of child trust fund appeals. Regulation 5 provides for representation on the death of a party. Regulation 6 provides for the composition of appeal tribunals hearing child trust fund appeals. Regulation 8 enables procedural directions to be given by the tribunal, or a clerk to the tribunal assigned under regulation 7.

Regulations 9 to 14 make provision for preparing for the hearing, including provision for choice of an oral hearing, withdrawal of appeals, summoning of witnesses, confidentiality in appeals and striking out and reinstatement of appeals.

Regulations 15 to 17 provide for the procedure at oral hearings, including the use of experts and granting an adjournment.

Regulations 18 to 24 make provision relating to decisions of appeal tribunals (including recording and correcting them), reasons for the decisions and setting aside the decisions.

Regulation 25 provides for applications for leave to appeal to a Social Security Commissioner.

A full Regulatory Impact Assessment was prepared and issued on the introduction to Parliament of the Child Trust Funds Bill (passed as the 2004 Act) in November 2003. This instrument has no impact on the costs of business.