The Armed Forces (Pensions and Compensation) Act 2004 (Transitional Provision) Order 2005

Explanatory Note

(This note is not part of the Order)

This Order contains transitional provision in relation to the commencement of paragraphs 3 and 4 of Schedule 1 to the Armed Forces (Pensions and Compensation) Act 2004 (“the 2004 Act”) which amend the Pensions Appeal Tribunals Act 1943 (“the 1943 Act”).

Under the 1943 Act a Pensions Appeal Tribunal (“a Tribunal”) hears appeals on certain decisions made in relation to claims for war pensions and compensation. The 1943 Act also provides for appeals from those decisions. The amendments to the 1943 Act referred to in article 2 of this Order change the route of appeal against decisions of a Tribunal. After the commencement of paragraphs 3 and 4 of Schedule 1 to the 2004 Act, the 1943 Act will provide that the right of appeal is to a Social Security Commissioner (with a further right of appeal to the Court of Appeal or Court of Session) rather than to the High Court.

This Order provides that, in any case where a Tribunal has made a decision before 6th April 2005, the amendments to the 1943 shall not have effect. The right of appeal to the High Court is therefore preserved in such a case.