The Social Security (Adjudication) Amendment Regulations 1994

• Citation: S.I. 1994/1082
• Sections: 5

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Social Security (Adjudication) Amendment Regulations 1994 and shall come into force on 11th May 1994.

(2) In these Regulations, unless the context otherwise requires, any reference to a numbered paragraph, regulation or Schedule is a reference to the paragraph, regulation or Schedule bearing that number in the Social Security (Adjudication) Regulations 1986 .

Section 2 Amendment of regulation 1

After paragraph (5) of regulation 1 there shall be added the following paragraph–

(6) Unless otherwise provided, where by these Regulations any power is conferred on a chairman of an appeal tribunal, a medical appeal tribunal or a disability appeal tribunal then–

(a) if the power is to be exercised at the hearing of an appeal or application, it shall be exercised by the chairman of the tribunal hearing the appeal or application; and

(b) otherwise, it shall be exercised by a person who is eligible to be nominated to act as a chairman of an appeal tribunal under section 41 of the Administration Act .

Section 3 Amendment of regulation 5

After paragraph (1) of regulation 5 there shall be inserted the following paragraph–

(1A) A chairman may of his own motion at any time before the beginning of the hearing postpone the hearing.

Section 4 Amendment of regulation 7

In regulation 7–

(a) in paragraph (1) after the word “prosecution” there shall be inserted the words “including the failure of the appellant to comply with a direction given by the chairman under regulation 2(1)(a)”;

(b) in paragraph (2) for the words “Before making an order under paragraph (1) the chairman shall send notice” there shall be substituted the words “The chairman shall not make an order under paragraph (1) before a notice has been sent”;

(c) in paragraph (3) after the words “the party concerned,” there shall be inserted the words “made not later than 12 months beginning with the date of the order made under paragraph (1),”.

Section 5 Amendment of Schedule 2

In Schedule 2 for paragraph 3 there shall be substituted the following paragraph–

(3) Reference by the Secretary of State notifying the adjudication officer that a decision of an adjudicating medical practitioner ought to be considered by a medical appeal tribunal (section 46(3) of the Administration Act).