Pensions Appeal Tribunals Act 1943

3 (1) The number of members of the Tribunal to hear any particular appeal shall be three and, in the case of an appeal under section one, section two, section three or section four of this Act, shall consist of—

[F1 (a) a person who—

(i) has a 7 year general qualification, within the meaning of section 71 of the M1 199 Courts and Legal Services Act; or

(ii) is an advocate or solicitor in Scotland of at least 7 years’ standing;

(iii) is a member of the Bar of Northern Ireland or solicitor of the Supreme Court of Northern Ireland of at least 7 years’ standing;]

(b) a duly qualified medical practitioner of not less than seven years’ standing;

(c) a person who satisfies the conditions specified in the next following paragraph;

and, in the case of an appeal under section five of this Act, shall consist of two duly qualified medical practitioners of not less than seven years’ standing and a person who satisfies the conditions specified in the next following paragraph, and the chairman of the Tribunal shall, in cases where there is a legal member, be that member, and in other cases shall be such one of the duly qualified medical practitioners as may be appointed to be chairman by the Lord Chancellor.

(2) The conditions referred to in the last foregoing paragraph are that the member shall be of the same sex as the person in respect of whose incapacity for work, disablement or death the claim to which the appeal relates was made and—

(a) if the claim was made in respect of an officer of His Majesty’s naval, military or air forces under any such Royal Warrant, Order in Council or Order of His Majesty as is referred to in section one of this Act, shall be a retired or demobilised officer of any of the said forces;

(b) if the claim was made in respect of a member of any of the said forces, other than an officer, under any such Royal Warrant, Order in Council or Order of His Majesty as aforesaid, shall be a discharged or demobilised member of any of the said forces who was not at the time of his discharge or demobilisation an officer;

(c) if the claim was made under any such scheme as is referred to in section two of this Act, shall be a person who is or has been a master or member of the crew of a British ship;

(d) if the claim was made under any such scheme as is referred to in section three of this Act in respect of a war service injury sustained by a civil defence volunteer, shall be a person who is or has been a member of a civil defence organisation;

(e) if the claim was made under any such scheme as is referred to in the said section three, not being a claim in respect of a war service injury sustained by a civil defence volunteer, shall be any person other than a member of His Majesty’s naval, military or air forces.

Textual Amendments

F1 Sch. para. 3(1)(a) substituted by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 71(2), Sch. 10 para. 5

Marginal Citations

M1 1990 c. 41 (37).