Pensions Appeal Tribunals Act 1943

6 Constitution jurisdiction and procedure of Pensions Appeal Tribunals.U.K.

(1)The provisions of the Schedule to this Act shall have effect with respect to the constitution, jurisdiction and procedure of Pensions Appeal Tribunals.

(2)Where, in the case of an appeal to the Tribunal under [F1sections 1, 2, 3, 4 or 5A] of this Act, the appellant or the Minister is dissatisfied with the decision of the Tribunal as being erroneous in point of law, he may, with the leave of the Tribunal or of [F2a judge of the High Court nominated for the purpose by the Lord Chancellor, appeal therefrom, within such time as may be limited by rules of court to the judge so nominated and the decision of that judge shall be final and conclusive][F2the Court of Appeal, therefrom, within such time as may be limited by rules of court made under section 55 of the Judicature (Northern Ireland) Act 1978, to the Court of Appeal whose decision shall be final].

Rules of court, may provide that, where an appeal is brought under this subsection, a case shall be stated by the chairman of the Tribunal.

[F3(2A) Where, in the case of such a claim as is referred to in section 1, 2, 3 [F4, 4 or 5A] of this Act—

(a)an appeal has been made under that section to the Tribunal and that appeal has been decided (whether with or without an appeal under subsection (2) of this section from the Tribunal’s decision); but

(b)subsequently, on an application for the purpose made (in like manner as an application for leave to appeal under the said subsection (2)) jointly by the appellant and the Minister, it appears to the appropriate authority (that is to say, the person to whom under rules made under the Schedule to this Act any application for directions on any matter arising in connection with the appeal to the Tribunal fell to be made) to be proper so to do—

(i)by reason of the availability of additional evidence; or

(ii)(except where an appeal from the Tribunal’s decision has been made under the said subsection (2)), on the ground of the Tribunal’s decision being erroneous in point of law,

the appropriate authority may, if he thinks fit, direct that the decision on the appeal to the Tribunal be treated as set aside and the appeal from the Minister’s decision [F5(’the original decision’)] be heard again by the Tribunal.]

[F6(2B)Rules made under the Schedule to this Act may provide that where an appeal under this Act is struck out in pursuance of such rules no further appeal under this Act shall be brought in respect of the matters to which the struck-out appeal related except with leave given in pursuance of such rules.]

[F7(2C)Where a direction for a rehearing is given under subsection (2A) above, the Minister may, before the expiry of the period of two months beginning with the date of the direction, review the original decision.

(2D)If, on any such review, the Minister is of the opinion that there are grounds for revising the original decision he shall—

(a)notify the appellant of his opinion and of the revision which he proposes to make; and

(b)if the appellant withdraws his appeal against the original decision, revise it accordingly.]

(3)[F8Subject to subsections (2) and (2A) of this section], the decision of the Tribunal on any issue on which an appeal is brought under this Act shall be final and conclusive.

(4)In determining an appeal under this Act in respect of any claim or award, the Tribunal shall be bound by the terms of the Royal Warrant, Order in Council, Order of His Majesty or scheme under which the claim or award purports to be made and of any enactment under which any such scheme is made, being terms relating to the issue before the Tribunal.