Statutory Instruments
2006 No. 2892
PENSIONS
The Pensions Appeal Tribunals (Armed Forces and Reserve Forces Compensation Scheme) (Rights of Appeal) Amendment Regulations 2006
Made
30th October 2006
Coming into force in accordance with regulation 1(1)
The Secretary of State makes the following Regulations in exercise of the powers conferred by section 5A(2) of the Pensions Appeal Tribunals Act 1943( 1 );
In accordance with section 11A(5) of that Act, a draft of this instrument was laid before Parliament and approved by resolution of each House of Parliament.
Citation, Commencement and Interpretation
1. —(1) These Regulations may be cited as the Pensions Appeal Tribunals (Armed Forces and Reserve Forces Compensation Scheme) (Rights of Appeal) Amendment Regulations 2006 and shall come into force on the day after the day on which they are made or on 26th July 2006, whichever is the later.
(2) In these Regulations “the principal Regulations” means the Pensions Appeal Tribunals (Armed Forces and Reserve Forces Compensation Scheme) (Rights of Appeal) Regulations 2005( 2 ).
Amendments to regulation 2 of the principal Regulations
2. In regulation 2 of the principal Regulations—
(a) after the definition of “specified decision” the word “and” shall be omitted; and
(b) after the definition of “interim award” there shall be added—
“ “permanent award” means a permanent award of benefit made pursuant to Article 20 (4) of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005 ( 3 ) ; and
“temporary award” means a temporary award of benefit made pursuant to Article 20 (1) of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005. ” .
Amendments to regulation 3 of the principal Regulations
3. In regulation 3 of the principal Regulations—
(a) in paragraph (1)—
(i) after subparagraph (a) the word “or” shall be omitted,
(ii) in subparagraph (b), after “benefit,” the word “or” shall be inserted, and
(iii) after subparagraph (b) there shall be inserted —
“ (c) whether a permanent award is made, ” ; and
(b) in paragraph (2)—
(i) after subparagraph (a) the word “or” shall be omitted,
(ii) in subparagraph (b), after “benefit,” the word “or” shall be inserted, and
(iii) after subparagraph (b) there shall be inserted—
“ (c) determines whether a temporary award should be made, ” .
Signed by the authority of the Secretary of State for Defence
Derek Twigg
Parliamentary Under Secretary of State
Ministry of Defence
30th October 2006
1943 c.39 . Section 5A was inserted by section 57 of the Child Support, Pensions and Social Security Act 2000 (c.19) . It was later amended by Schedule 1 (paragraph 2) and Schedule 3 to the Armed Forces (Pensions and Compensation) Act 2004 (c.32) . Section 12 of the Pensions Appeal Tribunals Act 1943, as amended by article 5 and paragraph 1 of the Schedule to the Transfer of Functions (War Pensions etc. ) Order 2001 ( S.I. 2001/3506 ) and as amended by paragraphs 7(2)(a) and 7(3) of the Armed Forces (Pensions and Compensation) Act 2004, has the effect that references in the Pensions Appeal Tribunals Act 1943 to the Minister are references to the Secretary of State.
S.I. 2005/439 . Article 20 of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005 is amended by the Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2006, S.I 2006/1438