4U.K.After section 6 there is inserted—
(1)Subject to the provisions of this section, an appeal shall lie to an appropriate Social Security Commissioner from any decision of the Tribunal under section 1, 2, 3, 4 or 5A of this Act on the ground that the decision was erroneous in point of law.
(2)An appeal shall lie under this section at the instance of the person who appealed to the Tribunal or of the Minister.
(3)If each of the parties to the appeal expresses the view that the decision appealed against was erroneous in point of law, the Commissioner may set aside the decision and refer the case to the Tribunal with directions for its determination.
(4)Where the Commissioner holds that the decision appealed against was erroneous in point of law, he shall set it aside and—
(a)he shall have power—
(i)to give the decision which he considers the Tribunal should have given, if he can do so without making fresh or further findings of fact; or
(ii)if he considers it expedient, to make such findings and give such decision as he considers appropriate in the light of them;
and
(b)in any other case he shall refer the case to the Tribunal with directions for its determination.
(5)Subject to any direction of the Commissioner, a reference under subsection (3) or (4)(b) above shall be to a differently constituted Tribunal.
(6)No appeal lies under this section without the leave—
(a)of the person who constituted, or was the chairman of, the Tribunal when the decision was given;
(b)of the President or Deputy President of Pensions Appeal Tribunals for the part of the United Kingdom for which the Tribunal was appointed; or
(c)subject to and in accordance with regulations, of an appropriate Social Security Commissioner.
(7)Regulations may make provision as to the manner in which, and the time within which, appeals are to be brought and applications made for leave to appeal.
(8)Subject to section 6C of this Act, a decision of a Commissioner under this Act shall be final and conclusive.
(9)In this section “appropriate Social Security Commissioner” means—
(a)if the appeal tribunal which made the decision was appointed for Northern Ireland, a Northern Ireland Social Security Commissioner;
(b)otherwise, a Great Britain Social Security Commissioner.
(10)Where it appears convenient to do so by reason of a subsequent change of residence by the person who appealed to the Tribunal, a Great Britain Social Security Commissioner may direct that an application or appeal to him under this section be transferred to a Northern Ireland Social Security Commissioner; and vice versa.
(1)This section applies where an application is made to a person under section 6A(6)(a) of this Act for leave to appeal from a decision of the Tribunal.
(2)If the person considers that the decision was erroneous in point of law, he may set aside the decision and refer the case either for redetermination by the Tribunal or for determination by a differently constituted Tribunal.
(3)If each of those who would be parties to the appeal if leave were granted expresses the view that the decision was erroneous in point of law, the person shall set aside the decision and refer the case for determination by a differently constituted Tribunal.
(1)Subject to subsection (2) below, a party to an appeal under section 6A of this Act may appeal on a question of law to the appropriate court from a decision of a Commissioner under that section.
(2)No appeal under this section shall lie from a decision except—
(a)with the leave of the Commissioner who gave the decision or, in a case prescribed by regulations, a Commissioner selected in accordance with regulations; or
(b)if he refuses leave, with the leave of the appropriate court.
(3)On an application to a Commissioner for leave under this section it shall be the duty of the Commissioner to specify as the appropriate court—
(a)the Court of Session if it appears to him that the person who appealed to the Tribunal is ordinarily resident in Scotland;
(b)the Court of Appeal in Northern Ireland if it appears to him that that person is ordinarily resident in Northern Ireland;
(c)the Court of Appeal if it appears to him that that person is ordinarily resident elsewhere.
But if it appears to the Commissioner, having regard to the circumstances of the case and in particular to the convenience of the persons who may be parties to the proposed appeal, that he should specify a different court mentioned in paragraphs (a) to (c) above as the appropriate court, it shall be his duty to specify that court as the appropriate court.
(4)Regulations may make provision as to—
(a)the manner in which, and the time within which, applications to a Commissioner for leave to appeal under this section must be made;
(b)the procedure for dealing with such applications.
(1)Regulations may make, for the purposes of proceedings under this Act before a Commissioner, any provision which may be made by procedure regulations under section 16 of the Social Security Act 1998 for the purposes of proceedings under that Act before a Commissioner.
(2)The Lord Chancellor may by regulations provide—
(a)for officers authorised by the Lord Chancellor or, in Scotland, by the Secretary of State to make any determinations which fall to be made by Commissioners;
(b)for the procedure to be followed by such officers in making such determinations;
(c)for the manner in which such determinations by such officers may be called in question.
(3)Regulations prescribing the procedure to be followed in cases before a Commissioner shall provide that any hearing shall be in public except in so far as the Commissioner for special reasons otherwise directs.
(4)If it appears to a Commissioner that a matter before him involves a question of fact of special difficulty, he may direct that in dealing with that matter he shall have the assistance of one or more experts.
In this subsection “expert” means a person appearing to the Commissioner to have knowledge or experience which would be relevant in determining the question of fact of special difficulty.
(5)If it appears to the Chief Commissioner (or, in the case of his inability to act, to such other of the Commissioners as he may have nominated to act for that purpose) that—
(a)an application for leave under section 6A(6)(c) of this Act, or
(b)an appeal,
falling to be heard by one of the Commissioners involves a question of law of special difficulty, he may direct that the application or appeal be dealt with, not by that Commissioner alone, but by a tribunal consisting of two or more Commissioners.
If the decision of the tribunal is not unanimous, the decision of the majority shall be the decision of the tribunal; and the presiding Commissioner shall have a casting vote if the votes are equally divided.
(6)Regulations may make provision with respect to—
(a)the correction of accidental errors in any decision or record of a decision of a Commissioner under this Act; and
(b)the setting aside of any such decision in a case where it appears just to set the decision aside on the ground that—
(i)additional evidence is available;
(ii)a document relating to the proceedings in which the decision was given was not sent to, or was not received at an appropriate time by, a party to the proceedings or a party’s representative or was not received at an appropriate time by the Commissioner; or
(iii)a party to the proceedings or a party’s representative was not present at a hearing related to the proceedings.
(7)Nothing in subsection (6) above shall be construed as derogating from any power to correct errors or set aside decisions which is exercisable apart from regulations made by virtue of that subsection.
(8)Except so far as it may be applied in relation to England and Wales or Northern Ireland by regulations, Part 1 of the Arbitration Act 1996 shall not apply to any proceedings under this Act.”
Commencement Information
I1Sch 1 para. 4 wholly in force at 6.4.2005; Sch. 1 para. 4 not in force at Royal Assent see . 8; Sch. 1 para. 4 in force for certain purposes at 22.2.2005 and at 6.4.2005 insofar as not already in force by S.I. 2005/356, art. 2, Schs. 1, 2