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SCHEDULEU.K.

Constitution, Jurisdiction and Procedure of Pensions Appeal TribunalU.K.

[F11(1)F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

(2)There shall be constituted in Scotland such number of Pensions Appeal Tribunals as the Lord President of the Court of Session may from time to time determine; and they shall sit at such times and in such places as he may from time to time determine.

(3)There shall be constituted in Northern Ireland such number of Pensions Appeal Tribunals as the Lord Chancellor may from time to time determine; and they shall sit at such times and in such places as he may from time to time determine.

[F3(3A)In this Schedule “Tribunal” means a Pensions Appeal Tribunal for Scotland or Northern Ireland constituted in accordance with the provisions of this Schedule.]

(4)F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)The Lord Chancellor must consult the Lord Chief Justice of Northern Ireland before exercising any functions under sub-paragraph (3).]

Textual Amendments

Modifications etc. (not altering text)

C1Sch. para. 1(1): functions transferred (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), arts. 3(1), 4, 5, {Sch. 1 Table 1} (with Sch. 4)

[F52(1)The members of the Tribunals shall be [F6 appointed—U.K.

(a)F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)in relation to Scotland, by the Lord President of the Court of Session;

(c)in relation to Northern Ireland, by the [F8Northern Ireland Judicial Appointments Commission]]

.

(2)There shall be paid to them such remuneration [F9 and allowances] as the Treasury may determine.

[F10(2A)Subject to [F11sub-paragraphs F12. . . (3B)] and (4) below, a member of such a Tribunal shall hold and vacate his office in accordance with the terms of his appointment, but shall be eligible for reappointment.]

[F13(3A)F14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3B)The Lord President of the Court of Session may remove any member of a Tribunal appointed under sub-paragraph (1)(b).]

[F15(3C)For an appointment under sub-paragraph (1)(c), the terms mentioned in sub-paragraph (2A) are to be determined by the Commission with the agreement of the [F16Department of Justice].]

(4)Subject to [F17sub-paragraph (3B)] above F18..., a member of such a Tribunal shall vacate his office on the day on which he attains the age of [F1975].]

Textual Amendments

F9Words in Sch. para. 2(2) inserted (9.4.2001) by 2000 c. 19, s. 60(1) (with s. 83(6)); S.I. 2000/2994, art. 2(6)

Modifications etc. (not altering text)

C2Sch. para. 2: transfer of certain functions (1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1 (with art. 7)

[F202A(1)[F21Any person making appointments under paragraph 2 shall ensure that the appointments] have the effect, in the case of each of the Tribunals, that the persons holding office as members of that Tribunal at all times include—U.K.

(a)persons who are legally qualified;

(b)persons who are medically qualified;

(c)persons with knowledge or experience of service in Her Majesty’s naval, military or air forces; and

(d)other persons.

(2)For the purposes of this Schedule a person is legally qualified if—

[F22(a)he satisfies the judicial-appointment eligibility condition on a 5-year basis;]

(b)he is an advocate or solicitor in Scotland of at least [F23five] years’ standing; or

(c)he is a member of the Bar of Northern Ireland or solicitor of the Supreme Court of Northern Ireland of at least [F23five] years’ standing.

(3)For the purposes of this Schedule a person is medically qualified if he is a duly qualified medical practitioner of at least seven years’ standing.

(4)[F24It shall be the duty of any person making an appointment under paragraph 2] to have regard to the desirability of having as members of the Tribunals persons with knowledge or experience of matters relating to the disability of persons.]

Textual Amendments

[F252B(1) A President of Pensions Appeal Tribunals and a Deputy President of Pensions Appeal Tribunals may be appointed for [F26Scotland or Northern Ireland]U.K.

(2)The person entitled to appoint a person under this paragraph to be a President or Deputy President of Pensions Appeal Tribunals shall be—

(a)F27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)in the case of an appointment for Scotland, the Lord President of the Court of Session; and

(c)in the case of an appointment for Northern Ireland, the [F28[F29Northern Ireland Judicial Appointments Commission]].

(3)Only legally qualified members of a Pensions Appeal Tribunal shall be eligible for appointment under this paragraph.

(4)A person shall cease to be President or Deputy President of Pensions Appeal Tribunals if he ceases to be a member of any such Tribunal.

(5)The Deputy President of Pensions Appeal Tribunals for [F30Scotland or Northern Ireland] shall carry out such of the functions of the President for [F31Scotland or Northern Ireland] as that President assigns to him.

(6)If at any time the President of Pensions Appeal Tribunals for [F30Scotland or Northern Ireland] is temporarily unable to carry out his functions under this Schedule, those functions shall be carried out by the Deputy President for [F31Scotland or Northern Ireland].]

Textual Amendments

F25Ss. 2A, 2B inserted (9.4.2001) by 2000 c. 19, s. 60(3) (with s. 83(6)); S.I. 2000/2994, art. 2(6)

[F323U.K.The members of the Tribunal hearing a particular appeal shall in every case include a legally qualified member; and only a legally qualified member may preside as chairman for the hearing of any appeal.]

Textual Amendments

F32Sch. paras. 3-3C substituted (for para. 3) (9.4.2001) by 2000 c. 19, s. 60(4) (with s. 83(6)); S.I. 2000/2994, art. 2(6)

[F333A(1) The President of Pensions Appeal Tribunals for [F34Scotland or Northern Ireland] may give directions as to—U.K.

(a)the number of members of the Tribunal who should hear an appeal in [F35Scotland or Northern Ireland];

(b)the extent to which the members hearing such an appeal must include—

(i)medically qualified persons; and

(ii)persons who are neither legally qualified nor medically qualified;

(c)the extent to which in the case of such an appeal the members hearing it must include persons satisfying other requirements specified by the President;

(d)the manner of determining the members who are to serve as the chairman and members of the Tribunal for the hearing of such an appeal.]

Textual Amendments

F33Sch. paras. 3-3C substituted (for para. 3) (9.4.2001) by 2000 c. 19, s. 60(4) (with s. 83(6)); S.I. 2000/2994, art. 2(6)

[F363BU.K.The President of Pensions Appeal Tribunals for [F37Scotland or Northern Ireland] may give directions as to the practice and procedure to be followed by [F38a Pensions Appeal Tribunal for Scotland or Northern Ireland].]

Textual Amendments

F36Sch. paras. 3-3C substituted (for para. 3) (9.4.2001) by 2000 c. 19, s. 60(4) (with s. 83(6)); S.I. 2000/2994, art. 2(6)

[F393C(1) The power to give directions under paragraphs 3A and 3B shall be exercisable in relation to a particular appeal, to a category of appeal or to appeals generally.U.K.

(2)If at any time there is, in the case of [F40Scotland or Northern Ireland], neither a President of Pensions Appeal Tribunals nor a Deputy President, the power of the President to give directions under paragraphs 3A and 3B above shall be exercisable—

(a)F41. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)in the case of Scotland, by the Lord President of the Court of Session; and

(c)in the case of Northern Ireland, by the Lord Chief Justice of Northern Ireland.

(3)The power to give directions under paragraphs 3A and 3B above includes power to vary or revoke directions previously given.]

Textual Amendments

F39Sch. paras. 3-3C substituted (9.4.2001) for Sch. para. 3 by 2000 c. 19, s. 60(4) (with s. 83(6)); S.I. 2000/2994, art. 2(6)

4U.K.No court fees shall be charged on the hearing of any case before a Tribunal.

5(1)Subject as aforesaid, [F42rules may be made] with respect to—U.K.

(a)the manner of hearing of appeals by [F43Tribunals] and in particular appeals in cases where the appellant owing to illness or other cause is not present at the hearing;

(b)the mode of proof and admissibility of evidence;

(c)the representation of the appellant and the Minister at the hearing;

(d)the recording and proof of the decisions of the Tribunals;

and such other matters relating to the practice and procedure of the Tribunals as the [F44person making them] thinks fit.

[F45(1A)Such rules are to made by the following person—

(a)F46. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)if the rules relate to Scotland, by the Lord President of the Court of Session;

(c)if the rules relate to Northern Ireland, by the Lord Chief Justice of Northern Ireland.]

(2)Such rules shall provide for the disclosure of all such documents (whether in the possession of a government department or not) as are necessary for disposing fairly of the appeal, subject to such exceptions and conditions as the rules may prescribe in the public interest, and shall provide for making available to the appellant copies of all documents produced to the Tribunal in connection with the appeal except where the Tribunal considers it undesirable in the interests of the appellant.

(3)Such rules may provide for the taking of medical and other expert advice by the Tribunals but shall require that such advice shall be disclosed to the appellant except where the Tribunal considers it undesirable in the interests of the appellant.

[F47(3A)Such rules may make provision with respect to—

(a)the correction of accidental errors in any decision or record of a decision of the Tribunal 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 Tribunal; or

(iii)a party to the proceedings or a party’s representative was not present at a hearing related to the proceedings.

Nothing in this sub-paragraph shall be construed as derogating from any power to correct errors or set aside decisions which is exercisable apart from rules made by virtue of this sub-paragraph.

(3B)Such rules may make provision with respect to the rehearing of an appeal where a decision has been set aside under rules made by virtue of sub-paragraph (3A)(b) above.

(3C)Rules under this Schedule may—

(a)make provision with respect to the striking out or reinstatement of proceedings before the Tribunal;

(b)provide that where an appeal to the Tribunal under this Act is struck out in pursuance of such rules no further appeal under this Act shall be brought in respect of the matters to which the struck-out appeal related except with leave given in pursuance of such rules.]

(4)Such rules shall provide for the payment by the Tribunal of:—

F48(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F49(b)sums, in respect of expenses, allowances and fees connected with appeals to the Tribunal, to such persons and in such circumstances as are specified in the rules and of such amounts as are determined by the Lord Chancellor [F50, or in relation to Scotland by the Lord President of the Court of Session, in either case] with the consent of [F51the Treasury]; F52. . .

(c)F52. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)All such rules shall be laid before Parliament as soon as may be after they are made, and if either House, within the period of forty days beginning with the day on which any such rules are laid before it, resolves that the rules be annulled, they shall thenceforth become void, but without prejudice to the validity of anything previously done thereunder or to the making of new rules.

F53. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F53. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F51Words substituted by virtue of S.I. 1981/1670, arts. 2(1)(c), 3(5)

6U.K.Any appeal [F54to [F55the appropriate tribunal]] brought by a person who, at the time when the notice of appeal was given, resided in Scotland or in Northern Ireland shall be heard by such one of the Tribunals appointed for Scotland or, as the case may be, for Northern Ireland as may be prescribed by or under rules made for those Tribunals under this Schedule, and [F56, subject to any provision made by virtue of paragraph 6A of this Schedule,] all other appeals shall be heard by [F57the First-tier Tribunal]:

Provided that where an appeal has been determined by [F58the appropriate tribunal], that determination shall not be open to challenge on the ground that the appeal should, by virtue of this paragraph, have been heard by [F59another such tribunal].

Textual Amendments

[F606AU.K.Rules made under this Schedule may make provision for enabling an appeal [F61to the Tribunal] brought by a person who, at the time when the notice of appeal was given, did not reside in any part of the United Kingdom to be heard by one of the Tribunals appointed for Scotland or, as the case may be, for Northern Ireland where, on an application in that behalf by the appellant made in such manner as may be prescribed by the rules to such authority as may be so prescribed, that authority is satisfied—

(a)that the appellant has a closer connection with Scotland or, as the case may be, with Northern Ireland than with England and Wales; or

(b)that there is some other good reason for the appeal to be heard in Scotland or, as the case may be, Northern Ireland.]

Textual Amendments

[F626BU.K.Where it appears convenient to do so by reason of a subsequent change of residence by the person who brought the appeal, [F63the appropriate tribunal] seised of an appeal may direct that it be transferred to [F64another appropriate tribunal].]

Textual Amendments

7U.K.F65. . . rules made under this Schedule may provide for the employment of interpreters of the English and Welsh languages for the purpose of any [F66appeal to a Tribunal].

Textual Amendments

F677AU.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F687B(1)F69. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

(2)The Lord President of the Court of Session may nominate a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court to exercise his functions under any of the provisions listed in sub-paragraph (3).

(3)Those provisions are—

(a)paragraph 3C(2)(b);

(b)paragraph 5(1A)(b).

(4)The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under any of the provisions listed in sub-paragraph (5)—

(a)the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

(b)a Lord Justice of Appeal (as defined in section 88 of that Act).

(5)Those provisions are—

(a)paragraph 1;

(b)paragraph 3C(2)(c);

(c)paragraph 5(1A)(c).]

Textual Amendments

8U.K.Any expenses incurred for the purposes of this Schedule, including the remuneration of members of the Tribunals and any expenses which may be incurred by the Tribunals up to an amount sanctioned by the Treasury, shall be defrayed out of moneys provided by Parliament.