Made | 22nd March 2005 | ||
Laid before Parliament | 30th March 2005 | ||
Coming into operation | 18th April 2005 |
1. | Citation and commencement. |
2. | Interpretation. |
3. | General powers of a Commissioner. |
4. | Transfer of proceedings between Commissioners. |
5. | Delegation of functions to authorised officers. |
6. | Manner of and time for service of notices, etc. |
7. | Funding by the Northern Ireland Legal Services Commission. |
8. | Application to a Commissioner for leave to appeal. |
9. | Notice of application to a Commissioner for leave to appeal. |
10. | Determination of application. |
11. | Notice of appeal. |
12. | Time limit for appealing after leave obtained. |
13. | Acknowledgement of a notice of appeal and notification to each respondent. |
14. | Representation. |
15. | Respondent's written observations. |
16. | Written observations in reply. |
17. | Directions. |
18. | Non-disclosure of medical evidence. |
19. | Requests for hearings. |
20. | Hearings. |
21. | Summoning of witnesses. |
22. | Withdrawal of applications for leave to appeal and appeals. |
23. | Irregularities. |
24. | Determinations and decisions of a Commissioner. |
25. | Correction of accidental errors in decisions. |
26. | Setting aside of decisions on certain grounds. |
27. | Provisions in common to regulations 24 and 25. |
28. | Applications to a Commissioner for leave to appeal to the Appellate Court. |
(2) For the purposes of these Regulations, a Commissioner shall be known as the "Chief Pensions Appeal Commissioner" or a "Pensions Appeal Commissioner" as appropriate when dealing with applications under the 1943 Act.
General powers of a Commissioner
3.
- (1) Subject to the provisions of these Regulations, a Commissioner may adopt any procedure in relation to proceedings before him.
(2) A Commissioner may -
(3) Subject to paragraph (4), a Commissioner may, on or without the application of a party, strike out any proceedings for want of prosecution or abuse of process.
(4) Before making an order under paragraph (3), the Commissioner shall send notice to the party against whom it is proposed that it should be made giving him an opportunity to make representations why it should not be made.
(5) A Commissioner may, on application by the party concerned, give leave to reinstate any proceedings which have been struck out in accordance with paragraph (3) and, on giving leave, he may give directions as to the conduct of the proceedings.
(6) Nothing in these Regulations shall affect any power which is exercisable apart from these Regulations.
Transfer of proceedings between Commissioners
4.
If it becomes impractical or inexpedient for a Commissioner to continue to deal with proceedings which are or have been before him, any other Commissioner may rehear or deal with those proceedings and any related matters.
Delegation of functions to authorised officers
5.
- (1) The following functions of Commissioners may be exercised by legally qualified authorised officers, to be known as legal officers to the Commissioners -
(2) Any party may, within 14 days of being sent notice of the direction or order of a legal officer, make a written request to a Commissioner asking him to reconsider the matter and confirm or replace the direction or order with his own, but, unless ordered by a Commissioner, a request shall not stop proceedings under the direction or order.
Manner of and time of service of notices, etc
6.
- (1) A notice to or other document for any party shall be deemed duly served if it is -
(2) A document may be served by e-mail on any party if the recipient has informed the party sending the e-mail in writing -
(3) A notice to or other document for a Commissioner shall be -
(4) For the purposes of any time limit, a properly addressed notice or other document sent by pre-paid post, fax or e-mail is effective from the date it is sent.
Funding by the Northern Ireland Legal Services Commission
7.
If at any time, a party is granted funding of legal services, he shall -
(2) The notice in paragraph (1) shall have with it copies of -
(3) Where an application for leave to appeal is made by the Minister, the Minister shall send each respondent a copy of the notice of application and any documents sent with it when they are sent to the Commissioner.
Determination of application
10.
- (1) The office shall send written notice to the applicant and each respondent of the determination of an application for leave to appeal to a Commissioner.
(2) Subject to a direction by a Commissioner, where a Commissioner grants leave to appeal under regulation 8 -
(3) If a Commissioner grants an application for leave to appeal he may, with the consent of the applicant and each respondent, treat and determine the application as an appeal.
Notice of appeal
11.
- (1) Subject to regulation 10(2), an appeal shall be made by notice in writing and shall contain -
(2) The notice in paragraph (1) shall have with it copies of -
Time limit for appealing after leave obtained
12.
- (1) Subject to paragraph (2), a notice of appeal shall not be valid unless it is sent to a Commissioner within one month of the date on which the appellant was sent written notice that leave to appeal had been granted.
(2) A Commissioner may for special reasons accept a late notice of appeal.
Acknowledgement of a notice of appeal and notification to each respondent
13.
The office shall send to -
(3) The office shall send a copy of any written observations from a respondent to every other party.
Written observations in reply
16.
- (1) Any party may submit to a Commissioner written observations in reply within one month of being sent written observations under regulation 15.
(2) The office shall send a copy of any written observations in reply to every other party.
(3) Where -
a Commissioner may make an order under section 6A(3) of the 1943 Act setting aside the decision and may dispense with the procedures in paragraphs (1) and (2).
Directions
17.
- (1) Where a Commissioner considers that an application or appeal made to him gives insufficient particulars to enable the question at issue to be determined, he may direct the party making the application or appeal or any respondent, to furnish any further particulars as may be reasonably required.
(2) In the case of an application for leave to appeal, or an appeal from an appeal tribunal, a Commissioner may, before determining the application or appeal, direct the tribunal to submit a statement of such facts or other matters as he considers necessary for the proper determination of that application or appeal.
(3) At any stage of the proceedings, a Commissioner may, on or without an application, give any directions as he may consider necessary or desirable for the efficient despatch of the proceedings.
(4) Without prejudice to regulations 15 and 16, or to paragraph (3), a Commissioner may direct any party before him to make any written observations as may seem to him necessary to enable the question at issue to be determined.
(5) An application under paragraph (3) shall be made in writing to a Commissioner and shall set out the direction which the applicant seeks.
(6) Unless a Commissioner shall otherwise determine, the office shall send a copy of an application under paragraph (3) to every other party.
Non-disclosure of medical evidence
18.
- (1) Where, in any proceedings, there is before a Commissioner medical evidence relating to a person which has not been disclosed to that person and, in the opinion of the Commissioner, the disclosure to that person of that evidence would be harmful to his health, such evidence shall not be disclosed to that person.
(2) Evidence such as is mentioned in paragraph (1) -
(3) Non-disclosure under paragraph (1) or (2) does not preclude the Commissioner from taking the evidence concerned into account for the purpose of the proceedings.
Requests for hearings
19.
- (1) Subject to paragraphs (2), (3) and (4), a Commissioner may determine any proceedings without a hearing.
(2) Where a request for a hearing is made by any party, the Commissioner shall grant the request unless he is satisfied that the proceedings can properly be determined without a hearing.
(3) Where a Commissioner refuses a request for a hearing, he shall send written notice to the person making the request, either before or at the same time as making his determination or decision.
(4) A Commissioner may, without an application and at any stage, direct a hearing.
Hearings
20.
- (1) This regulation applies to any hearing of an application or appeal to which these Regulations apply.
(2) Subject to paragraph (3), the office shall give reasonable notice of the time and place of any hearing before a Commissioner.
(3) Unless all the parties concerned agree to a hearing at shorter notice, the period of notice specified under paragraph (2) shall be at least 14 days before the date of the hearing.
(4) If any party to whom notice of a hearing has been sent fails to appear at the hearing, the Commissioner may proceed with the case in that party's absence, or may give directions with a view to the determination of the case.
(5) Any hearing before a Commissioner shall be in public, unless the Commissioner for special reasons directs otherwise.
(6) Where a Commissioner holds a hearing, the following persons or organisations shall be entitled to be present and be heard -
(7) Subject to the direction of a Commissioner -
may be present by means of a live television link.
(8) Any provision in these Regulations which refers to a party or representative being present is satisfied if the party or representative is present by means of a live television link.
(9) Any person entitled to be heard at a hearing may -
Summoning of witnesses
21.
- (1) Subject to paragraph (2), a Commissioner may summon any person to attend a hearing as a witness, at such time and place as may be specified in the summons, to answer any questions or produce any documents in his custody or under his control which relate to any matter in question in the proceedings.
(2) A person shall not be required to attend in obedience to a summons under paragraph (1) unless he has been given at least 14 days notice of the date of the hearing or, if less than 14 days, has informed the Commissioner that he accepts such notice as he has been given.
(3) Upon the application of a person summoned under this regulation, a Commissioner may set the summons aside.
(4) A Commissioner may require any witness to give evidence on oath and for this purpose an oath may be administered in due form.
Withdrawal of applications for leave to appeal and appeals
22.
- (1) At any time before it is determined, an applicant may withdraw an application to a Commissioner for leave to appeal against a decision of an appeal tribunal by giving written notice to a Commissioner.
(2) At any time before the decision is made, the appellant may withdraw his appeal with the leave of a Commissioner.
(3) A Commissioner may, on application by the party concerned, give leave to reinstate any application or appeal which has been withdrawn in accordance with paragraphs (1) and (2) and, on giving leave, he may make directions as to the conduct of the proceedings.
Irregularities
23.
Any irregularity resulting from failure to comply with the requirements of these Regulations shall not by itself invalidate any proceedings, and the Commissioner, before reaching his decision, may waive the irregularity or take steps to remedy it.
(2) An application under this regulation shall be made in writing to a Commissioner, within one month from the date on which the office gave written notice of the decision to the party making the application.
(3) Unless the Commissioner considers that it is unnecessary for the proper determination of an application made under paragraph (1), the office shall send a copy of it to each respondent, who shall be given a reasonable opportunity to make representations on it.
(4) The office shall send each party a written notice of a determination of an application to set aside a decision and the reasons for it.
Provisions common to regulations 25 and 26
27.
- (1) In regulations 25 and 26 the word "decision" shall include determinations of applications for leave to appeal, orders setting aside tribunal decisions under section 6A(3) of the 1943 Act and decisions on appeals.
(2) There shall be no appeal against a correction or a refusal to correct under regulation 25 or a determination given under regulation 26.
(3) Paragraphs (1) and (3) of regulation 22 shall apply to an application to a Commissioner for leave to appeal from a Commissioner's decision as they apply to the proceedings in that regulation.
Signed by the authority of the Lord Chancellor
Baroness Ashton of Upholland
Parliamentary Under-Secretary of State, Department for Constitutional Affairs
Dated 22nd March 2005
[2] 1943 c. 39; amended by the Armed Forces (Pension and Compensation) Act 2004 (c. 32)back
[4] S.I. 2003 No. 435 (N.I. 10)back