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STATUTORY INSTRUMENTS

2005 No. 870
SOCIAL SECURITY
PENSIONS
The Social Security Commissioners (Procedure) (Amendment) Regulations 2005

	Made	21st March 2005
	Coming into force	6th April 2005

The Lord Chancellor, in exercise of the powers conferred upon him by sections 6A(6)(c) and (7), 6C(2)(a) and (4), 6D(1), (2) and (6), and 11A(1) of the Pensions Appeal Tribunals Act 1943[1], sections 14 to 16, 28, 79(2) and 84 of, and Schedules 4 and 5 to, the Social Security Act 1998[2], paragraphs 8 to 10, 19, 20(1) and (3) and 23(1) and (2) of Schedule 7 to the Child Support, Pensions and Social Security Act 2000[3], and in exercise of powers conferred by section 4(2) of the Forfeiture Act 1982[4] and now vested in him[5], after consultation with the Scottish Ministers in accordance with section 11A(2) of the Pensions Appeal Tribunals Act 1943, section 79(2) of, and paragraph 8 of Schedule 4 to, the Social Security Act 1998[6] and paragraph 20(1) of Schedule 7 to the Child Support, Pensions and Social Security Act 2000, and after consultation with the Council on Tribunals in accordance with section 8(1) of the Tribunals and Inquiries Act 1992[7], makes the following Regulations, a draft of which has been laid before and approved by a resolution of each House of Parliament:

Citation, commencement and interpretation
     1. - (1) These Regulations may be cited as the Social Security Commissioners (Procedure) (Amendment) Regulations 2005 and shall come into force on 6th April 2005.

    (2) In these Regulations a reference to a regulation by number alone means the regulation so numbered in the Social Security Commissioners (Procedure) Regulations 1999[8].

Amendment to the Social Security Commissioners (Procedure) Regulations 1999
     2. In regulation 4(1) -

" "the 1943 Act" means the Pensions Appeal Tribunals Act 1943[

9

" "appeal tribunal" means -

(c) in the definition of "authorised officer", after "the 1998 Act" insert "or section 6D(2) of the 1943 Act";

(d) in paragraph (ii) of the definition of "the chairman", after "the 1998 Act" insert ", section 6A of the 1943 Act";

(e) for the definition of "Commissioner" substitute -

" "Commissioner" means the Chief Social Security Commissioner or any other Social Security Commissioner appointed under the 1998 Act, and includes a tribunal of:

(f) in the definition of "respondent", at the end of paragraph (iii) insert -

(iv) in the case of an application or appeal under the 1943 Act, the person with a right to appeal under section 6A(2) of that Act other than the applicant or appellant";

(g) after paragraph (2) insert -

3. In regulation 15(1) -

(a) after "the 1998 Act" insert ", section 6D(5) of the 1943 Act"; and

(b) for "either of" substitute "one of".

4. In regulation 19(3), after "the 1998 Act" insert ", section 6A(3) of the 1943 Act".

5. In regulation 24(6), after sub-paragraph (b) insert -

     6. In regulation 28(2), after "the 1998 Act" insert ", section 6A(3) of the 1943 Act".

     7. In regulation 32(1), after "the 1998 Act" insert ", section 6A(3) of the 1943 Act".

     8. In regulation 33(1), after "the 1998 Act" insert ", section 6C of the 1943 Act".

Signed by authority of the Lord Chancellor

Cathy Ashton
Parliamentary Under Secretary of State Department for Constitutional Affairs

21st March 2005