Citation, commencement and interpretation _I1

1. These Regulations may be cited as the Pensions Appeal Tribunals (Late Appeals) Regulations 2001, and shall come into force on 9th April 2001.

Interpretation _I2

2. In these Regulations—

“the Act” means the Pensions Appeal Tribunals Act 1943 ;

^F1 “appeal” means an appeal under the Act to a Tribunal against a decision of the Secretary of State ...;

“commencement date” means 9th April 2001;

“time limit” means the relevant time limit for the bringing of an appeal specified in, or pursuant to, section 8 of the Act; and

“Tribunal” means a Pensions Appeal Tribunal constituted pursuant to paragraph 1 of the Schedule to the Act.

Provision for late appeals _I3

3. [^F2 The Tribunal may, in the circumstances prescribed in regulation 4, allow an appeal to be brought not later than twelve months after the expiry of the time limit. ^F2]

[^F2 (1) Subject to paragraph (2), where an appeal is not brought within the time limit, it will be treated as having been brought in time if the Secretary of State does not object.

(2) No appeal may be brought more than twelve months after the expiry of the time limit.

(3) Where the Secretary of State objects to an appeal being treated as having been brought in time, the Tribunal may allow that appeal to be brought not later than twelve months after the expiry of the time limit if it is satisfied that it is in the interests of justice to do so. ^F2]

Prescribed circumstances _I4

4. [^F3 The prescribed circumstances are as follows:

(a) where the main cause of non-compliance with the time limit was—

(i) the death or serious illness of the claimant or a spouse or dependant of the claimant;

(ii) the disruption of normal postal services;

(iii) failure on the part of the Secretary of State to notify the claimant of the decision; or

(iv) exceptional circumstances applying to the claimant which rendered it impracticable for the claimant to bring the appeal or to instruct another person to bring it;

and

(b) the appeal was in any event brought as soon as was reasonably practicable in the circumstances of the case. ^F3]