The Pensions Appeal Tribunals (Posthumous Appeals) (Amendment) Order 2005

• Citation: S.I. 2005/245
• Sections: 13

Section 1 Citation, commencement and interpretation

(1) This Order may be cited as the Pensions Appeal Tribunals (Posthumous Appeals) (Amendment) Order 2005 and shall come into force on the day on which paragraphs 3 to 6 of Schedule 1 to the Armed Forces (Pension and Compensation) Act 2004 come into force for all purposes.

(2) Reference in this Order to an article by number alone means an article so numbered in the Pensions Appeal Tribunals (Posthumous Appeals) Order 1980 .

Section 2 Amendment to the Pensions Appeal Tribunals (Posthumous Appeals) Order 1980

In article 1(2), after the definition of “the Civilians Scheme” insert—

“Commissioner” means the Chief Social Security Commissioner or any other Social Security Commissioner appointed under—

the Social Security Act 1998 ; or

the Social Security Administration (Northern Ireland) Act 1992 ,

and includes a tribunal of Commissioners constituted under section 6D(5) of the Act;.

Section 3 Amendment to the Pensions Appeal Tribunals (Posthumous Appeals) Order 1980

In article 2, for “and the appellant” substitute “, the appellant and a party”.

Section 4 Amendment to the Pensions Appeal Tribunals (Posthumous Appeals) Order 1980

In article 3(1), after “entitlement questions” insert “and specified decisions”.

Section 5 Amendment to the Pensions Appeal Tribunals (Posthumous Appeals) Order 1980

In the heading to article 4, for “in the High Court” substitute “to a Commissioner”.

Section 6 Amendment to the Pensions Appeal Tribunals (Posthumous Appeals) Order 1980

In article 4—

(a) in paragraph (1), for “to the High Court under section 6(2)” substitute “to a Commissioner under section 6A”;

(b) in paragraph (2), for “to the High Court under the said section 6(2)” substitute “to a Commissioner under section 6A”.

Section 7 Amendment to the Pensions Appeal Tribunals (Posthumous Appeals) Order 1980

In article 5, for “6” substitute “6A”.

Section 8 Amendment to the Pensions Appeal Tribunals (Posthumous Appeals) Order 1980

After article 5 insert—

Posthumous appeals from a Commissioner

(5A) Where a designated person has brought or continued an appeal under section 6A of the Act, he may appeal from a decision of a Commissioner under section 6C of the Act.

Section 9 Amendment to the Pensions Appeal Tribunals (Posthumous Appeals) Order 1980

In article 6—

(a) for the words from “the judge of the High Court” to “section 6(2) of the Act” substitute “a Commissioner”;

(b) for “or the judge” substitute “or a Commissioner”.

Section 10 Amendment to the Pensions Appeal Tribunals (Posthumous Appeals) Order 1980

Omit article 7.

Section 11 Amendment to the Pensions Appeal Tribunals (Posthumous Appeals) Order 1980

After article 9(1) insert—

(3) The provisions of this Order apply without prejudice to the requirements of leave to appeal and to any time limits which are prescribed by the Act or by rules or regulations made under or by virtue of the Act.

Section 12 Amendment to the Pensions Appeal Tribunals (Posthumous Appeals) Order 1980

Omit article 10(a) and (b).

Section 13 Amendment to the Pensions Appeal Tribunals (Posthumous Appeals) Order 1980

In article 11—

(a) omit paragraphs (a) and (b);

(b) in paragraph (d), for “Chairman” substitute “President”.