1998 No. 1225 (S.65)
The Pensions Appeal Tribunals (Scotland) (Amendment) Rules 1998
12th May 1998
Laid before Parliament
15th May 1998
Coming into force
8th June 1998
The Lord President of the Court of Session, in exercise of the powers conferred on him by sections 6 and 13 of, and paragraphs 5, 6 and 6A of the Schedule to, the Pensions Appeal Tribunals Act 1943((1) and after consultation with the Council on Tribunals in accordance with section 8 of the Tribunals and Inquiries Act 1992((2) hereby makes the following rules:
1. These rules may be cited as the Pensions Appeal Tribunals (Scotland) (Amendment) Rules 1998 and shall come into force on 8th June 1998.
2. The Pensions Appeal Tribunals (Scotland) Rules 1981((3) shall be amended as follows.
3. In rule 2 (interpretation)—
(a)in paragraph (1)—
(i)in sub-paragraph (e), for the words from “article 67A(1)(b)” to the end there shall be substituted—
“article 68(1)(b) and (2) of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983 and in article 77(1)(b) and (2) of the Personal Injuries (Civilians) Scheme 1983;”((4) and
(ii)for sub-paragraph (h) substitute “(h) “notice of appeal” and “notice of hearing” mean notice in such form as the Lord President of the Court of Session may from time to time approve for the purposes of the rules (and different forms may be so approved for different purposes);”; and
(b)paragraph (3) shall be omitted.
4. In rule 4 (method of appealing)—
(a)in paragraph (1), the words “given to the Secretary of State on whichever form of notice of appeal set out in Schedule 1 is appropriate” shall be omitted; and
(b)for paragraph (3) there shall be substituted—
“(3) A notice of appeal shall be signed by the appellant or by a person acting on behalf of the appellant, shall bear the date on which it was so signed and shall be sent by post addressed to the Secretary of State for Social Security.”.
5. After rule 5 there shall be inserted—
“Review of appeal documents
5A—(1). After the documents mentioned in paragraphs (a) to (d) of rule 5(6) are received at the Pensions Appeal Office—
(a)the President, or a member of the tribunal who has been nominated for the purposes of this rule by the President may review those documents;
(b)if it appears to the reviewer—
(i)that it is necessary to obtain further information on any point or to require further evidence to be procured or produced, he may require that the information be obtained in such manner as he may direct or, as the case may be, that the appellant or the Secretary of State procure or produce that evidence; or
(ii)that a difficult medical or other technical question arises, he may take the opinion of a medical specialist or other technical expert in such manner as may appear to the reviewer to be convenient; and
(c)without prejudice to any application under rule 30, the reviewer may give such other directions as he thinks fit on any matter arising in connection with the appeal.
(2) When further information is obtained by virtue of sub-paragraph (b)(i) of paragraph (1) it shall, subject to any direction given by the President under rule 6, be communicated to the appellant and the Secretary of State, together with such statement as is mentioned in rule 14(2) except that the reference in 14(2) to a “further hearing” shall be construed, as regards the statement, as a reference to a hearing.
(3) When evidence is procured or produced by virtue of the said sub-paragraph (b)(i), that evidence shall, subject to any such direction, be communicated to the Pensions Appeal Office, together with the first such statement as is mentioned in rule 14(3) and a copy of the evidence shall be sent from that office to the Secretary of State or as the case may be to the appellant, together with the second such statement as is there mentioned, except that, as regards both statements, the references in 14(3) to a “further hearing” shall be construed as references to a hearing.
(4) Where the appellant fails to procure or produce evidence in compliance with a requirement under the said sub-paragraph (b)(i), and the reviewer is satisfied that the failure was due to the wilful default of the appellant, the case shall be placed on the deferred list.
(5) Where a question arising as is mentioned in sub-paragraph (b)(ii) of paragraph (1) is a medical question, the reviewer may arrange for the appellant to be examined by a medical specialist for a report on the appellant’s condition.
(6) The reviewer shall direct a specialist, or other technical expert, providing an opinion by virtue of paragraph (1)(b)(ii), or a specialist providing a report by virtue of paragraph (5), to send it to the Pensions Appeal Office; and rule 15(3) shall apply as respects the sending of copies of the opinion or report, and of the terms of reference, from that office as it applies in relation to the sending of such copies as are mentioned in that rule, except that the reference in 15(3) to a “further hearing” shall be construed as a reference to a hearing and in the proviso—
(a)the references to the “chairman” and to the “tribunal” shall be construed as references to the reviewer;
(b)the words “and, if the appellant was represented at the hearing,” shall be disregarded; and
(c)the reference to his representative shall be construed as a reference to any such representative if known to the tribunal.”.
6. In rule 8 (date of hearing)—
(a)in paragraph (1), the words “in Form 7”; and
(b)in paragraph (2), the words “(unless the appeal is to be heard in his absence under rule 20)”,
shall be omitted.
7. In rule 19, at the end of paragraph (3) there shall be added—
“and shall be available for public inspection”.
8. For rule 20 there shall be substituted—
“Appeals in absence of parties
20.—(1) Subject to rule 20A, to any arrangements made by the President under rule 21, to rule 23 and to the following provisions of this rule, an appeal may be heard in the absence of the parties or their representatives.
(2) If a party fails to attend, or be represented at, a hearing of which he has been duly notified, the tribunal—
(a)if it is not satisfied that there is sufficient reason for his absence and does not think that his presence is necessary for the due determination of the appeal, may hear and determine the appeal in his absence; or
(b)whether or not it is so satisfied or so thinks, may adjourn the hearing, and may make such order as to expenses as it thinks fit.
(3) Where an appeal has been determined by virtue of paragraph (2)(a) but the appellant applies to the President, without undue delay, for the decision to be set aside, the President may, if after affording each party a reasonable opportunity to make representations he considers that the interests of justice so require, grant the application and arrange for the appeal to be re-heard before a differently constituted tribunal; and he may make such further order as he thinks fit.”.
9. In rule 21 (inability of infirm appellant to attend tribunal), the existing provisions shall be paragraph (1) and after that paragraph there shall be added—
“(2) Paragraph (3) of rule 20 shall apply in relation to an appeal determined by virtue of paragraph (1)(d) of this rule as it does in relation to an appeal determined by virtue of paragraph (2)(a) of that rule.”
10. In rule 23 (death of appellant before hearing), for paragraph (3) there shall be substituted—
“(3) In such a case, if the appeal was an entitlement appeal and the designated person proceeds with it on behalf of the appellant, it shall be heard at the same time and by the same tribunal as any appeal brought by the designated person in respects of the appellant’s death.”
11. In rule 25 (deferred list cases)—
(a)in paragraph (2), the words “or, where an appeal has been placed in the deferred list because the appellant has died before the appeal was decided, the designated person” shall be omitted;
(b)after paragraph (2) there shall be inserted—
“(2A) Where notice is sent under paragraph (1) to the designated person and that person or the Secretary of State, at any time within the following 12 months, gives written notice to the Pensions Appeal Office that the designated person wishes the case to be restored to the list of cases for hearing, the case shall be so restored.”;
(c)in paragraph (3), for the words “the last foregoing paragraph” substitute “paragraph (2)”; and
(d)in paragraph (4)—
(i)the words from “no application” to “the President” shall be sub-paragraph (a); and
(ii)after that sub-paragraph there shall be inserted the word “or” and the following sub-paragraph—
“(b)as the case may be, no notice has been given under paragraph (2A) by the designated person within the period prescribed by that paragraph,”.
12. Schedule 1 (specification of various forms of notice) shall be omitted.
Rodger of Earlsferry
12th May 1998
(This note is not part of the Rules)
These rules amend the Pensions Appeal Tribunals (Scotland) Rules 1981 (as amended by the Pensions Appeal Tribunals (Scotland) (Amendment) Rules 1986) so as to—
(1) replace the provision for prescribed forms for giving notice of appeal and notice of hearing with a provision that forms for those purposes are to be such as the Lord President of the Court of Session may from time to time approve (rules 3(a)(ii) and (b), 4, 6(a) and 12);
(2) enable the President of the Pensions Appeal Tribunal (“the President”) or a member of the tribunal who has been nominated by the President, on reviewing, before the hearing, the appeal documents, to require further information or evidence, to take the opinion of a medical specialist or other technical expert, or to give a direction on any matter arising (rule 5);
(3) make fresh provision for an appeal to be heard in the absence of the parties (rules 6(b) and 8) but also for re-hearing appeals so heard in certain circumstances (rules 8 and 9);
(4) enable a designated person (normally the next of kin or the personal representative of a deceased appellant) to pursue an as yet undecided appeal merely by timeous notification to the Pensions Appeal Office (replacing a requirement that an application be made to the President) (rule 11); and
(5) make other, minor, amendments (rules 3(a)(i), 7and 10).
1943 c. 39; paragraph 6 of the Schedule was amended, and paragraph 6A inserted, by section 59 of the Administration of Justice Act 1985 (c. 61).
1992 c. 53.
1981 No. 500 (S.50), as amended by 1986 No. 373 (S.27).
S.I. 1983/883 as amended by S.I. 1984/1154, and S.I. 1983/686 as amended by S.I. 1984/1289.