This Statutory Instrument supersedes S.I. 2001/257 and is being issued free of charge to all known recipients of that Statutory Instrument.

Statutory Instruments

2001 No. 1183 (L. 19)

PENSIONS, ENGLAND AND WALES

The Pensions Appeal Tribunals (England and Wales) (Amendment No. 2) Rules 2001

Made

25th March 2001

Laid before Parliament

27th March 2001

Coming into force

9th April 2001

The Lord Chancellor, in exercise of the powers conferred upon him by paragraph 5 of the Schedule to the Pensions Appeal Tribunals Act 1943 , and after consultation with the Council on Tribunals in accordance with section 8 of the Tribunals and Inquiries Act 1992 , hereby makes the following Rules:

Citation and commencement

1. These Rules may be cited as the Pensions Appeal Tribunals (England and Wales) (Amendment No. 2) Rules 2001 and shall come into force on 9th April 2001.

Interpretation

2. A reference in these Rules to any rule by number alone means the rule so numbered in the Pensions Appeal Tribunals (England and Wales) Rules 1980 .

Revocation

3. The Pensions Appeal Tribunals (England and Wales) (Amendment) Rules 2001 are hereby revoked.

Amendments to the Pensions Appeal Tribunals (England and Wales) Rules 1980

4. In rule 2(1)—

(a) in sub-paragraph (b), for “and an assessment appeal" there shall be substituted “ , an assessment appeal and an appeal against a specified decision ” ;

(b) in sub-paragraph (g), for “1959" there shall be substituted “ 1983 ” ;

(c) at the end of sub-paragraph (i) there shall be inserted “ for England and Wales under paragraph 2B of the Schedule to the Act ; and references to the President shall be construed as including the Deputy President where he is authorised to carry out any function of the President under any provision of the Act or of these Rules ” ;

(d) after sub-paragraph (j) there shall be inserted:—

“ (jj) “specified decision" has the meaning given in section 5A of the Act ; ” ;

and

(e) after sub-paragraph (k) there shall be inserted:—

“ (l) “the Deputy President" means the person appointed by the Lord Chancellor to be Deputy President of Pensions Appeal Tribunals for England and Wales under paragraph 2B of the Schedule to the Act. ” .

5. In rule 3(1):—

(a) the word “and" shall be omitted at the end of paragraph (a);

(b) after paragraph (b) there shall be inserted the following:—

“ ; and

(c) an appeal against a specified decision shall be brought by the person in respect of whom the Minister has made the decision. ” .

6. In rule 11(1), the words in brackets shall be omitted.

7. In rule 18, the word “shortly" shall be omitted.

8. In rule 20(2)(b), after “hearing" there shall be inserted “ , giving written reasons for the adjournment ” .

9. In rule 38, after “be discharged by" there shall be inserted “ the Deputy President or, if there is no Deputy President or the Deputy President is for any reason unable to act, by ” .

Signed by authority of the Lord Chancellor

Jane Kennedy

Parliamentary Secretary,

Lord Chancellor’s Department

Dated 25th March 2001

footnote	commentary	transitional and savings	in force status	related provisions	geo extent	insert/omit	source count	in force adj
M1	1943 c. 39 . Paragraph 5 of the Schedule was amended by Part II of Schedule 5 to the Administration of Justice Act 1977 (c. 38) and section 16(6) of the Social Security Act 1980 (c. 30) .
M2	1992 c. 53 .
M3	S.I. 1980/1120 , as amended by S.I. 1986/366 , 1988/1843, 1998/1201 and 2001/257.
M4	S.I. 2001/257 .
M5	The reference is to the definition of “mental disorder" in section 1(2) of the Mental Health Act 1983 (c. 20) .
M6	Paragraph 2B of the Schedule to the Pensions Appeal Tribunals Act 1943 was inserted by section 60(3) of the Child Support, Pensions and Social Security Act 2000 (c. 19) .
M7	Section 5A of the Pensions Appeal Tribunals Act 1943 was inserted by section 57(1) of the Child Support, Pensions and Social Security Act 2000.