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The Social Security Act 1998 (Commencement No. 12 and Consequential and Transitional Provisions) Order 1999

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6.—(1) Subject to paragraph 1(2) above and sub-paragraph (3) below–E+W+S

(a)regulation 11; and

(b)regulations 2(16) and (17) and 12 in so far as they relate to regulation 11,

of the 1997 Regulations shall, notwithstanding regulation 59 of the Regulations, continue to have effect, subject to the modifications specified in sub-paragraph (2) below, in relation to any application to set aside a decision of a medical appeal tribunal in relation to a certificate of recoverable benefits.

(2) The modifications referred to in sub-paragraph (1) above are as if in–

(a)regulation 2(16), for the words “the chairman" there were substituted the words “ the legally qualified panel member ”;

(b)regulation 11(1), for the words “the tribunal which gave the decision or by another medical appeal tribunal" there were substituted the words “ a legally qualified panel member within the meaning of regulation 1(3) of the Social Security and Child Support (Decisions and Appeals) Regulations 1999 ”;

(c)regulation 11(2)–

(i)for the words “the tribunal shall" in both places in which they occur there were substituted the words “ the legally qualified panel member shall ”; and

(ii)for the words “it is satisfied" there were substituted the words “ he is satisfied ”;

(d)regulation 11(3)(b), after the words “the office of the clerk to the tribunal which made the relevant decision" there were inserted the words “ or to a clerk to an appeal tribunal ”; and

(e)regulation 11(4)–

(i)for the words “the chairman of the tribunal" there were substituted the words “ a legally qualified panel member ”; and

(ii)for the words “a chairman" there were substituted the words “ a legally qualified panel member ”.

(3) Sub-paragraph (1) above shall not apply in any case where an application to set aside a decision of a medical appeal tribunal is made after 29th December 2000.

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