10Decisions superseding earlier decisions
(1)Subject to subsections (3) and (4) and section 36(3) below, the following, namely—
(a)any decision of the Secretary of State under section 8 above or this section, whether as originally made or as revised under section 9 above; and
(b)any decision under this Chapter of an appeal tribunal or a Commissioner,
may be superseded by a decision made by the Secretary of State, either on an application made for the purpose or on his own initiative.
(2)In making a decision under subsection (1) above, the Secretary of State need not consider any issue that is not raised by the application or, as the case may be, did not cause him to act on his own initiative.
(3)Regulations may prescribe the cases and circumstances in which, and the procedure by which, a decision may be made under this section.
(4)Subsection (1)(a) above does not apply in the case of a decision of the Secretary of State under subsection (1)(c) of section 8 above where the relevant enactment within the meaning of that section is section 121C or 121D of the Administration Act (liability of directors etc. for company’s contributions).
(5)Subject to subsection (6) and section 27 below, a decision under this section shall take effect as from the date on which it is made or, where applicable, the date on which the application was made.
(6)Regulations may provide that, in prescribed cases or circumstances, a decision under this section shall take effect as from such other date as may be prescribed.
Modifications etc. (not altering text)
C1S. 10 applied (with modifications) (4.3.1999 for specified purposes) by Pension Schemes Act 1993 (c. 48), s. 170(2) (as substituted by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 131 (with s. 83, Sch. 6); S.I. 1999/528, art. 2(a), Sch.; S.I. 1999/1958, art. 2(1)(b), Sch. 1 (with art. 5, Sch. 12))
Commencement Information
I1S. 10(3)(6) in force at 4.3.1999 for specified purposes by S.I. 1999/528, art. 2(a), Sch.