SCHEDULE 1
Article 6(1)
Consequential amendments
1. War Pensions (Mercantile Marine) Scheme 1964
Schedule 7 to the War Pensions (Mercantile Marine) Scheme 196414is amended as follows—
(a) in paragraph 4—
(i) after “decision of the President of the Pensions Appeal Tribunals” insert “or the First-tier Tribunal, as the case may be,”;
(ii) for “the decision of a Pensions Appeal” substitute “the decision of the”; and
(iii) in paragraph (b) after “Pensions Appeal Tribunals” insert “or the First-tier Tribunal, as the case may be,”; and
(b) in paragraph 8—
(i) after “decision of the President of the Pensions Appeal Tribunals” insert “or the First-tier Tribunal, as the case may be,”;
(ii) for “the decision of a Pensions Appeal”, in both places, substitute “the decision of the”; and
(iii) after “application to the President of the Pensions Appeal Tribunals” insert “or the First-tier Tribunal, as the case may be,”.
2. Rent Assessment Committees (England and Wales) Regulations 1971
In regulation 3(1) of the Rent Assessment Committees (England and Wales) Regulations 197115(hearings) omit “; but nothing in these regulations shall prevent a member of the Council on Tribunals in that capacity from attending any hearing”.
3. Plant Varieties and Seeds Tribunal Rules 1974
In rule 10 of the Plant Varieties and Seeds Tribunal Rules 197416(tribunal to sit in public) omit paragraph (2).
4. Industrial Training (Levy Exemption References) Regulations 1974
In paragraph 6(1) of the Schedule to the Industrial Training (Levy Exemption References) Regulations 197417(the hearing) omit “, but a member of the Council on Tribunals or of the Scottish Committee of the Council shall be entitled to attend the hearing of any reference in private in his capacity as such member”.
5. Health and Safety Inquiries (Procedure) Regulations 1975
In regulation 8 of the Health and Safety Inquiries (Procedure) Regulations 197518(procedure at inquiry) omit paragraph (3)(b)(i) (and the following “and” and “(ii)”).
6. Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975
In Schedule 3 of the Rehabilitation of Offenders Act 1974 (Exceptions) Order 197519(excepted proceedings) for paragraph 5 substitute—
“5. Proceedings under the Mental Health Act 1983 before any tribunal.”.
7. Social Security Benefit (Dependency) Regulations 1977
In regulation 1(2) of the Social Benefit (Dependency) Regulations 197720(citation, commencement and interpretation) in the definition of “determining authority” for the words from “an appeal tribunal” to the end substitute “the First-tier Tribunal or the Upper Tribunal;”.
8. Social Security (Widow’s Benefit and Retirement Pensions) Regulations 1979
In regulation 1(2) of the Social Security (Widow’s Benefit and Retirement Pensions) Regulations 197921(citation, commencement and interpretation) in the definition of “the determining authority” for the words “an appeal tribunal” to the end substitute “the First-tier Tribunal or the Upper Tribunal;”.
Pensions Appeals Tribunals (Posthumous Appeals) Order 1980
9. The Pensions Appeals Tribunals (Posthumous Appeals) Order 198022is amended as follows.
10. In article 1(2) (interpretation)—
(a) in the definition of “Commissioner” for sub-paragraphs (a) and (b) substitute “the Social Security Administration (Northern Ireland) Act 199223”; and
(b) in the definition of “the President of the Pensions Appeal Tribunals”—
(i) omit “by the Lord Chancellor”; and
(ii) at the end insert “for Scotland or Northern Ireland”.
11. In article 3 (posthumous notification of, and appeals to Pensions Appeals Tribunals against, decisions of the Secretary of State)—
(a) in the heading for “Pensions Appeals Tribunals” substitute “the appropriate tribunal”;
(b) in paragraph (1) for “Pensions Appeal Tribunals” substitute “the appropriate tribunal; and
(c) after paragraph (5) insert—
“6 For appeals to the First-tier Tribunal, Tribunal Procedure Rules apply in respect of the time limits and extension to those time limits by the Secretary of State.”.
12. In article 4 (initiation of posthumous appeals to a Commissioner)—
(a) in the heading after “Commissioner” insert “or the Upper Tribunal”;
(b) in paragraph (1)—
(i) for “the Pensions Appeal Tribunal” substitute “an appropriate tribunal”;
(ii) after “to a Commissioner” insert “or the Upper Tribunal”; and
(iii) after “Act” insert “or to the Upper Tribunal under section 11 of the Tribunals, Courts and Enforcement Act 200724, as the case may be”;
(c) in paragraph (2)—
(i) for “the Pensions Appeal Tribunal” substitute “an appropriate tribunal”;
(ii) after “to a Commissioner” insert “or the Upper Tribunal”; and
(iii) after “6A” insert “of the Act, or to the Upper Tribunal under section 11 of the Tribunals, Courts and Enforcement Act 2007, as the case may be”; and
(d) in paragraph (3)(b) for “a Pensions Appeal Tribunal” substitute “the appropriate tribunal”.
13. In article 5 (continuation of appeals after death of claimant) for “or...