The Pensions Appeal Tribunals (Scotland) (Amendment) Rules 2017

EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules amend the Pensions Appeal Tribunals (Scotland) Rules 1981 (“the 1981 Rules”).

Rule 2(3) to (5) makes provision for lodging appeal documents directly with the Pensions Appeal Office and the timescale within which parties must lodge those documents.

Rule 2(6) substitutes a new rule 7 (list of cases for hearing) into the 1981 Rules to set out when the Pensions Appeal Office must add a case to the list of cases for hearing.

Rule 2(7) substitutes a new rule 9 (lapse of appeal) into the 1981 Rules so that, if the decision appealed is revised, the appellant must take certain steps to prevent the appeal from lapsing.

Rule 2(8) introduces a new rule 10A setting out how the appellant may withdraw the appeal. This amendment also provides that the appellant may apply to the President for a withdrawn appeal to be restored to the list of cases for hearing.

Rule 2(14) extends the application of rule 33 (sittings of the tribunal) of the 1981 Rules so that either party can ask for an appeal, or part of an appeal, to be heard privately.

These Rules also fix a number of typographical errors.

Rule 3 is a saving provision, the effect of which is that a number of the amendments made by these Rules will only apply in an appeal commenced on or after 4th December 2017.