Pensions Appeal Tribunals Act 1943
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Change 1
6 Constitution jurisdiction and procedure of Pensions Appeal Tribunals for Scotland and Northern Ireland etc.
(1) The provisions of the Schedule to this Act shall have effect with respect to the constitution, jurisdiction and procedure of Pensions Appeal Tribunals for Scotland and Northern Ireland. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2C) Where— (a) a case is referred under section 6B of this Act for redetermination, or determination by a differently constituted Pensions Appeal Tribunal for Scotland or Northern Ireland, (b) a direction for a rehearing is given under rules made by virtue of paragraph 5(3B) of the Schedule to this Act, (c) the First-tier Tribunal reviews a decision made by it under this Act which it sets aside under section 9(4)(c) of the Tribunals, Courts and Enforcement Act 2007, or (d) a case involving a decision made by the First-tier Tribunal under this Act is remitted to it by the Upper Tribunal under section 12(2)(b)(i) of that Act, the Minister may, before the expiry of the period of two months beginning with the date of the reference , direction, setting aside or remittal, review the original decision. (2D) If, on any such review, the Minister is of the opinion that there are grounds for revising the original decision he shall— (a) notify the appellant of his opinion and of the revision which he proposes to make; and (b) if the appellant withdraws his appeal against the original decision, revise it accordingly. (3) Subject to— (a) sections 6A and 6B of this Act, . . . (b) rules made by virtue of paragraph 5(3A) of the Schedule to this Act, and (c) provision made by or under Chapter 2 of Part 1 of the Tribunals, Courts and Enforcement Act 2007, the decision of the appropriate tribunal on any issue on which an appeal is brought under this Act shall be final and conclusive. (4) In determining an appeal under this Act in respect of any claim or award, the appropriate tribunal shall be bound by the terms of the Royal Warrant, Order in Council, Order of His Majesty or scheme under which the claim or award purports to be made and of any enactment under which any such scheme is made, being terms relating to the issue before the appropriate tribunal.
6 Constitution jurisdiction and procedure of Pensions Appeal Tribunals for Scotland and Northern Ireland etc.
(1) The provisions of the Schedule to this Act shall have effect with respect to the constitution, jurisdiction and procedure of Pensions Appeal Tribunals for Scotland and Northern Ireland. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2C) Where— (a) a case is referred under section 6B of this Act for redetermination, or determination by a differently constituted Pensions Appeal Tribunal for Scotland or Northern Ireland, (b) a direction for a rehearing is given under rules made by virtue of paragraph 5(3B) of the Schedule to this Act, (c) the First-tier Tribunal reviews a decision made by it under this Act which it sets aside under section 9(4)(c) of the Tribunals, Courts and Enforcement Act 2007, or (d) a case involving a decision made by the First-tier Tribunal under this Act is remitted to it by the Upper Tribunal under section 12(2)(b)(i) of that Act, the Minister may, before the expiry of the period of two months beginning with the date of the reference , direction, setting aside or remittal, review the original decision. (2D) If, on any such review, the Minister is of the opinion that there are grounds for revising the original decision he shall— (a) notify the appellant of his opinion and of the revision which he proposes to make; and (b) if the appellant withdraws his appeal against the original decision, revise it accordingly. (3) Subject to— (a) sections 6A and 6B of this Act, . . . (b) rules made by virtue of paragraph 5(3A) of the Schedule to this Act, and (c) provision made by or under Chapter 2 of Part 1 of the Tribunals, Courts and Enforcement Act 2007, the decision of the appropriate tribunal on any issue on which an appeal is brought under this Act shall be final and conclusive. (4) In determining an appeal under this Act in respect of any claim or award, the appropriate tribunal shall be bound by the terms of the Royal Warrant, Order in Council, Order of His Majesty or scheme under which the claim or award purports to be made and of any enactment under which any such scheme is made, being terms relating to the issue before the appropriate tribunal.
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