UK Laws - Legal Portal
 
Navigation
News

Social Security Act 1998 (c. 14)

(The document as of February, 2008)

-- Back--

Page 1

Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10

Social Security Act 1998

1998 CHAPTER 14

ARRANGEMENT OF SECTIONS

Content
  1. Part I

    Decisions and Appeals

    1. Chapter I

      General

      1. Decisions

        1. 1. Transfer of functions to Secretary of State.

        2. 2. Use of computers.

        3. 3. Use of information.

      2. Appeals

        1. 4. Unified appeal tribunals.

        2. 5. President of appeal tribunals.

        3. 6. Panel for appointment to appeal tribunals.

        4. 7. Constitution of appeal tribunals.

    2. Chapter II

      Social Security Decisions and Appeals

      1. Decisions

        1. 8. Decisions by Secretary of State.

        2. 9. Revision of decisions.

        3. 10. Decisions superseding earlier decisions.

        4. 11. Regulations with respect to decisions.

      2. Appeals

        1. 12. Appeal to appeal tribunal.

        2. 13. Redetermination etc. of appeals by tribunal.

        3. 14. Appeal from tribunal to Commissioner.

        4. 15. Appeal from Commissioner on point of law.

      3. Procedure etc.

        1. 16. Procedure.

        2. 17. Finality of decisions.

        3. 18. Matters arising as respects decisions.

      4. Medical examinations

        1. 19. Medical examination required by Secretary of State.

        2. 20. Medical examination required by appeal tribunal.

      5. Suspension and termination of benefit

        1. 21. Suspension in prescribed circumstances.

        2. 22. Suspension for failure to furnish information etc.

        3. 23. Termination in cases of failure to furnish information.

        4. 24. Suspension and termination for failure to submit to medical examination.

      6. Decisions and appeals dependent on other cases

        1. 25. Decisions involving issues that arise on appeal in other cases.

        2. 26. Appeals involving issues that arise on appeal in other cases.

      7. Cases of error

        1. 27. Restrictions on entitlement to benefit in certain cases of error.

        2. 28. Correction of errors and setting aside of decisions.

      8. Industrial accidents

        1. 29. Decision that accident is an industrial accident.

        2. 30. Effect of decision.

      9. Other special cases

        1. 31. Incapacity for work.

        2. 32. Industrial diseases.

        3. 33. Christmas bonus.

      10. Housing benefit and council tax benefit

        1. 34. Determination of claims and reviews.

        2. 35. Suspension of benefit in prescribed circumstances.

      11. Social fund payments

        1. 36. Appropriate officers.

        2. 37. The soc

    3. Chapter III

      Other Decisions and Appeals

      1. Child support

        1. 40. Child support: revision of decisions.

        2. 41. Child support: decisions superseding earlier decisions.

        3. 42. Child support: appeals to appeal tribunals.

        4. 43. Child support: decisions and appeals dependent on other cases.

        5. 44. Child support: cases of error.

      2. Vaccine damage payments

        1. 45. Vaccine damage payments: decisions reversing earlier decisions.

        2. 46. Vaccine damage payments: appeals to appeal tribunals.

        3. 47. Vaccine damage payments: correction of errors etc.

  2. Part II

    Contributions

    1. Amendments of Contributions and Benefits Act

      1. 48. Apportionment of payments etc. made for more than one earner.

      2. 49. Payments on account of directors' contributions.

      3. 50. Payments treated as remuneration and earnings.

      4. 51. Class 1 contributions.

      5. 52. Class 1A contributions.

      6. 53. Class 1B contributions.

      7. 54. Contributions paid in error.

      8. 55. Recovery of primary Class 1 contributions by secondary contributors.

      9. 56. Contributions returns.

      10. 57. Collection of contributions by Secretary of State.

      11. 58. Interest and penalties chargeable concurrently with Inland Revenue.

      12. 59. Levy of Class 4 contributions with income tax.

    2. Amendments of Administration Act

      1. 60. Breach of regulations.

      2. 61. Offences and penalties relating to contributions.

      3. 62. Evidence of non-payment.

      4. 63. Recovery of contributions etc.

      5. 64. Liability of directors etc. for company's contributions.

      6. 65. Class 1B contributions: supplemental.

      7. 66. Payments of certain contributions out of the Consolidated Fund.

  3. Part III

    Benefits

    1. Amendments etc. of Contributions and Benefits Act

      1. 67. Daily rate of maternity allowance.

      2. 68. Rates of short-term incapacity benefit.

      3. 69. Validation of certain housing benefit determinations.

      4. 70. Discretionary payments out of social fund.

      5. 71. Budgeting loans: criteria for making awards.

      6. 72. Power to reduce child benefit for lone parents.

      7. 73. Statutory sick pay not precluded by maternity allowance.

    2. Amendments of Administration Act

      1. 74. Provision of information.

      2. 75. Overpayments out of social fund.

      3. 76. Power to anticipate pensions up-rating order.

  4. Part IV

    Miscellaneous and supplemental

    1. 77. Pilot schemes.

    2. 78. Expenditure for facilitating transfer of functions etc.

    3. 79. Regulations and orders.

    4. 80. Parliamentary control of regulations.

    5. 81. Reports by Secretary of State.

    6. 82. Financial provisions.

    7. 83. Transitory provisions.

    8. 84. Interpretation: general.

    9. 85. Provision for Northern Ireland.

    10. 86. Minor and consequential amendments and repeals.

    11. 87. Short title, commencement and extent.

  5. Schedules

    1. Schedule 1

      Appeal tribunals: supplementary provisions.

    2. Schedule 2

      Decisions against which no appeal lies.

    3. Schedule 3

      Decisions against which an appeal lies.

      1. Part I

        Benefit decisions.

      2. Part II

        Contributions decisions.

    4. Schedule 4

      Social Security Commissioners.

    5. Schedule 5

      Regulations as to procedure: provision which may be made.

    6. Schedule 6

      Transitory provisions.

    7. Schedule 7

      Minor and consequential amendments.

    8. Schedule 8

      Repeals.

An Act to make provision as to the making of decisions and the determination of appeals under enactments relating to social security, child support, vaccine damage payments and war pensions; to make further provision with respect to social security; and for connected purposes.

[21st May 1998]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:--



Part I Decisions and Appeals

Chapter I General

Decisions

1 Transfer of functions to Secretary of State

The following functions are hereby transferred to the Secretary of State, namely--

(a) the functions of adjudication officers appointed under section 38 of the [1992 c. 5.] Social Security Administration Act 1992 ("the Administration Act");

(b) the functions of social fund officers appointed under section 64 of that Act; and

(c) the functions of child support officers appointed under section 13 of the [1991 c. 48.] Child Support Act 1991 ("the Child Support Act").

2 Use of computers

(1) Any decision, determination or assessment falling to be made or certificate falling to be issued by the Secretary of State under or by virtue of a relevant enactment, or in relation to a war pension, may be made or issued not only by an officer of his acting under his authority but also--

(a) by a computer for whose operation such an officer is responsible; and

(b) in the case of a decision, determination or assessment that may be made or a certificate that may be issued by a person providing services to the Secretary of State, by a computer for whose operation such a person is responsible.

(2) In this section "relevant enactment" means any enactment contained in--

(a) Chapter II of this Part;

(b) the [1992 c. 4.] Social Security Contributions and Benefits Act 1992 ("the Contributions and Benefits Act");

(c) the Administration Act;

(d) the Child Support Act;

(e) the [1994 c. 18.] Social Security (Incapacity for Work) Act 1994;

(f) the [1995 c. 18.] Jobseekers Act 1995 ("the Jobseekers Act");

(g) the [1995 c. 34.] Child Support Act 1995; or

(h) the [1997 c. 27.] Social Security (Recovery of Benefits) Act 1997.

(3) In this section and section 3 below "war pension" has the same meaning as in section 25 of the [1989 c. 24.] Social Security Act 1989 (establishment and functions of war pensions committees).

3 Use of information

(1) Subsection (2) below applies to information relating to social security, child support or war pensions which is held--

(a) by the Secretary of State or the Northern Ireland Department; or

(b) by a person providing services to the Secretary of State or the Northern Ireland Department in connection with the provision of those services.

(2) Information to which this subsection applies--

(a) may be used for the purposes of, or for any purposes connected with, the exercise of functions in relation to social security, child support or war pensions; and

(b) may be supplied to, or to a person providing services to, the Secretary of State or the Northern Ireland Department for use for those purposes.

(3) The following sections, namely--

(a) section 122C of the Administration Act (supply of information to authorities administering benefit); and

(b) section 122D of that Act (supply of information by authorities administering benefit),

shall each have effect as if the reference in subsection (1) to social security included references to child support and war pensions.

(4) In this section "the Northern Ireland Department" means the Department of Health and Social Services for Northern Ireland.



Appeals

4 Unified appeal tribunals

(1) Subject to the provisions of this Act--

(a) the functions of social security appeal tribunals, disability appeal tribunals and medical appeal tribunals constituted under Part II of the Administration Act;

(b) the functions of child support appeal tribunals established under section 21 of the Child Support Act; and

(c) the functions of vaccine damage tribunals established by regulations made under section 4 of the [1979 c. 17.] Vaccine Damage Payments Act 1979 ("the Vaccine Damage Payments Act"),

are hereby transferred to appeal tribunals constituted under the following provisions of this Chapter.

(2) Accordingly appeals under--

(a) section 12 below;

(b) section 20 of the Child Support Act, as substituted by section 42 below;

(c) section 4 of the Vaccine Damage Payments Act, as substituted by section 46 below; and

(d) section 11 of the [1997 c. 27.] Social Security (Recovery of Benefits) Act 1997,

shall be determined by appeal tribunals so constituted (in the following provisions of this Chapter referred to as "appeal tribunals").

5 President of appeal tribunals

(1) The Lord Chancellor may, after consultation with the Lord Advocate, appoint a President of appeal tribunals.

(2) A person is qualified to be appointed President if--

(a) he has a 10 year general qualification (construed in accordance with section 71 of the [1990 c. 41.] Courts and Legal Services Act 1990); or

(b) he is an advocate or solicitor in Scotland of at least 10 years' standing.

(3) Schedule 1 to this Act shall have effect for supplementing this section.

6 Panel for appointment to appeal tribunals

(1) The Lord Chancellor shall constitute a panel of persons to act as members of appeal tribunals.

(2) Subject to subsection (3) below, the panel shall be composed of such persons as the Lord Chancellor thinks fit to appoint after consultation, in the case of medical practitioners, with the Chief Medical Officer.

(3) The panel shall include persons possessing such qualifications as may be prescribed by regulations made with the concurrence of the Lord Chancellor.

(4) The numbers of persons appointed to the panel, and the terms and conditions of their appointments, shall be determined by the Lord Chancellor with the consent of the Secretary of State.

(5) A person may be removed from the panel by the Lord Chancellor on the ground of incapacity or misbehaviour.

(6) In this section "the Chief Medical Officer" means--

(a) in relation to England, the Chief Medical Officer of the Department of Health;

(b) in relation to Wales, the Chief Medical Officer of the Welsh Office; and

(c) in relation to Scotland, the Chief Medical Officer of the Scottish Office.

7 Constitution of appeal tribunals

(1) Subject to subsection (2) below, an appeal tribunal shall consist of one, two or three members drawn by the President from the panel constituted under section 6 above.

(2) The member, or (as the case may be) at least one member, of an appeal tribunal must--

(a) have a general qualification (construed in accordance with section 71 of the [1990 c. 41.] Courts and Legal Services Act 1990); or

(b) be an advocate or solicitor in Scotland.

(3) Where an appeal tribunal has more than one member--

(a) the President shall nominate one of the members as chairman;

(b) decisions shall be taken by a majority of votes; and

(c) unless regulations otherwise provide, the chairman shall have any casting vote.

(4) Where it appears to an appeal tribunal that a matter before it involves a question of fact of special difficulty, then, unless regulations otherwise provide, the tribunal may require one or more experts to provide assistance to it in dealing with the question.

(5) In subsection (4) above "expert" means a member of the panel constituted under section 6 above who appears to the appeal tribunal concerned to have knowledge or experience which would be relevant in determining the question of fact of special difficulty.

(6) Regulations shall make provision with respect to--

(a) the composition of appeal tribunals;

(b) the procedure to be followed in allocating cases among differently constituted tribunals; and

(c) the manner in which expert assistance is to be given under subsection (4) above.

(7) Schedule 1 to this Act shall have effect for supplementing this section.



Chapter II Social Security Decisions and Appeals

<<<< >>>>

Decisions

8 Decisions by Secretary of State

(1) Subject to the provisions of this Chapter, it shall be for the Secretary of State--

(a) to decide any claim for a relevant benefit;

(b) to decide any claim for a social fund payment mentioned in section 138(1)(b) of the Contributions and Benefits Act;

(c) subject to subsection (5) below, to make any decision that falls to be made under or by virtue of a relevant enactment; and

(d) subject to and in accordance with regulations, to decide any issue arising as to, or in connection with, entitlement to statutory sick pay or statutory maternity pay.

(2) Where at any time a claim for a relevant benefit is decided by the Secretary of State--

(a) the claim shall not be regarded as subsisting after that time; and

(b) accordingly, the claimant shall not (without making a further claim) be entitled to the benefit on the basis of circumstances not obtaining at that time.

(3) In this Chapter "relevant benefit", subject to section 21(4) below, means any of the following, namely--

(a) benefit under Parts II to V of the Contributions and Benefits Act;

(b) a jobseeker's allowance;

(c) income support;

(d) family credit;

(e) disability working allowance;

(f) a social fund payment mentioned in section 138(1)(a) or (2) of the Contributions and Benefits Act;

(g) child benefit;

(h) such other benefit as may be prescribed.

(4) In this section "relevant enactment" means any enactment contained in this Chapter, the Contributions and Benefits Act, the Administration Act, the [1992 c. 6.] Social Security (Consequential Provisions) Act 1992 or the Jobseekers Act, other than one contained in--

(a) Part VII of the Contributions and Benefits Act so far as relating to housing benefit and council tax benefit;

(b) Part VIII of the Administration Act (arrangements for housing benefit and council tax benefit and related subsidies).

(5) Subsection (1)(c) above does not include any decision relating to Class 4 contributions other than a decision falling to be made--

(a) under subsection (1) of section 17 of the Contributions and Benefits Act as to whether by regulations under that subsection a person is excepted from liability for Class 4 contributions, or his liability is deferred; or

(b) under regulations made by virtue of subsection (3) or (4) of that section or section 18 of that Act.

9 Revision of decisions

(1) Subject to section 36(3) below, any decision of the Secretary of State under section 8 above or section 10 below may be revised by the Secretary of State--

(a) either within the prescribed period or in prescribed cases or circumstances; and

(b) either on an application made for the purpose or on his own initiative;

and regulations may prescribe the procedure by which a decision of the Secretary of State may be so revised.

(2) In making a decision under subsection (1) above, the Secretary of State need not consider any issue that is not raised by the application or, as the case may be, did not cause him to act on his own initiative.

(3) Subject to subsections (4) and (5) and section 27 below, a revision under this section shall take effect as from the date on which the original decision took (or was to take) effect.

(4) Regulations may provide that, in prescribed cases or circumstances, a revision under this section shall take effect as from such other date as may be prescribed.

(5) Where a decision is revised under this section, for the purpose of any rule as to the time allowed for bringing an appeal, the decision shall be regarded as made on the date on which it is so revised.

(6) Except in prescribed circumstances, an appeal against a decision of the Secretary of State shall lapse if the decision is revised under this section before the appeal is determined.

10 Decisions superseding earlier decisions

(1) Subject to subsections (3) and (4) and section 36(3) below, the following, namely--

(a) any decision of the Secretary of State under section 8 above or this section, whether as originally made or as revised under section 9 above; and

(b) any decision under this Chapter of an appeal tribunal or a Commissioner,

may be superseded by a decision made by the Secretary of State, either on an application made for the purpose or on his own initiative.

(2) In making a decision under subsection (1) above, the Secretary of State need not consider any issue that is not raised by the application or, as the case may be, did not cause him to act on his own initiative.

(3) Regulations may prescribe the cases and circumstances in which, and the procedure by which, a decision may be made under this section.

(4) Subsection (1)(a) above does not apply in the case of a decision of the Secretary of State under subsection (1)(c) of section 8 above where the relevant enactment within the meaning of that section is section 121C or 121D of the Administration Act (liability of directors etc. for company's contributions).

(5) Subject to subsection (6) and section 27 below, a decision under this section shall take effect as from the date on which it is made or, where applicable, the date on which the application was made.

(6) Regulations may provide that, in prescribed cases or circumstances, a decision under this section shall take effect as from such other date as may be prescribed.

11 Regulations with respect to decisions

(1) Subject to the provisions of this Chapter and the Administration Act, provision may be made by regulations for the making of any decision by the Secretary of State under or in connection with the current legislation, or the former legislation, including a decision on a claim for benefit.

(2) Where it appears to the Secretary of State that a matter before him involves a question of fact requiring special expertise, he may direct that in dealing with that matter he shall have the assistance of one or more experts.

(3) In this section--

  • "the current legislation" means the Contributions and Benefits Act, the Jobseekers Act and the [1997 c. 27.] Social Security (Recovery of Benefits) Act 1997;

  • "expert" means a person appearing to the Secretary of State to have knowledge or experience which would be relevant in determining the question of fact requiring special expertise;

  • "the former legislation" means the National Insurance Acts 1965 to 1974, the National Insurance (Industrial Injuries) Acts 1965 to 1974, the [1975 c. 14.] Social Security Act 1975 and Part II of the [1986 c. 50.] Social Security Act 1986.



Appeals

12 Appeal to appeal tribunal

(1) This section applies to any decision of the Secretary of State under section 8 or 10 above (whether as originally made or as revised under section 9 above) which--

(a) is made on a claim for, or on an award of, a relevant benefit, and does not fall within Schedule 2 to this Act;

(b) is made otherwise than on such a claim or award, and falls within Schedule 3 to this Act; or

(c) relates to statutory sick pay or statutory maternity pay.

(2) In the case of a decision to which this section applies--

(a) if it relates to statutory sick pay or statutory maternity pay, the employee and employer concerned shall each have a right to appeal to an appeal tribunal; and

(b) in any other case, the claimant and such other person as may be prescribed shall have a right to do so;

but nothing in this subsection shall confer a right of appeal in relation to a prescribed decision, or a prescribed determination embodied in or necessary to a decision.

(3) Regulations under subsection (2) above shall not prescribe any decision or determination that relates to the conditions of entitlement to a relevant benefit for which a claim has been validly made or for which no claim is required.

(4) Where the Secretary of State has determined that any amount is recoverable under or by virtue of section 71 or 74 of the Administration Act, any person from whom he has determined that it is recoverable shall have the same right of appeal to an appeal tribunal as a claimant.

(5) In any case where--

(a) the Secretary of State has made a decision in relation to a claim under Part V of the Contributions and Benefits Act; and

(b) the entitlement to benefit under that Part of that Act of any person other than the claimant is or may be, under Part VI of Schedule 7 to that Act, affected by that decision,

that other person shall have the same right of appeal to an appeal tribunal as the claimant.

(6) A person with a right of appeal under this section shall be given such notice of a decision to which this section applies and of that right as may be prescribed.

(7) Regulations may make provision as to the manner in which, and the time within which, appeals are to be brought.

(8) In deciding an appeal under this section, an appeal tribunal--

(a) need not consider any issue that is not raised by the appeal; and

(b) shall not take into account any circumstances not obtaining at the time when the decision appealed against was made.

(9) The reference in subsection (1) above to a decision under section 10 above is a reference to a decision superseding any such decision as is mentioned in paragraph (a) or (b) of subsection (1) of that section.

13 Redetermination etc. of appeals by tribunal

(1) This section applies where an application is made to a person under section 14(10)(a) below for leave to appeal from a decision of an appeal tribunal.

(2) If the person considers that the decision was erroneous in point of law, he may set aside the decision and refer the case either for redetermination by the tribunal or for determination by a differently constituted tribunal.

(3) If each of the principal parties to the case expresses the view that the decision was erroneous in point of law, the person shall set aside the decision and refer the case for determination by a differently constituted tribunal.

(4) In this section and section 14 below "principal parties" means--

(a) in a case relating to statutory sick pay or statutory maternity pay, the persons mentioned in subsection (2)(a), (b) and (c) of that section;

(b) in any other case--

(i) the persons mentioned in subsection (3)(a) and (b) of that section; and

(ii) where applicable, the person mentioned in subsection (3)(d) and such a person as is first mentioned in subsection (4) of that section.

14 Appeal from tribunal to Commissioner

(1) Subject to the provisions of this section, an appeal lies to a Commissioner from any decision of an appeal tribunal under section 12 or 13 above on the ground that the decision of the tribunal was erroneous in point of law.

(2) In the case of statutory sick pay or statutory maternity pay an appeal lies under this section at the instance of any of the following--

(a) the Secretary of State;

(b) the employee concerned;

(c) the employer concerned;

(d) a trade union, where--

(i) the employee is a member of the union at the time of the appeal and was so immediately before the matter in question arose; or

(ii) the matter in question concerns the entitlement of a deceased person who was at the time of his death a member of the union; and

(e) an association of employers of which the employer is a member at the time of the appeal and was so immediately before the matter in question arose.

(3) In any other case an appeal lies under this section at the instance of any of the following--

(a) the Secretary of State;

(b) the claimant and such other person as may be prescribed;

(c) in any of the cases mentioned in subsection (5) below, a trade union; and

(d) a person from whom it is determined that any amount is recoverable under or by virtue of section 71 or 74 of the Administration Act.

(4) In a case relating to industrial injuries benefit an appeal lies under this section at the instance of a person whose entitlement to benefit is, or may be, under Part VI of Schedule 7 to the Contributions and Benefits Act, affected by the decision appealed against, as well as at the instance of any person or body such as is mentioned in subsection (3) above.

(5) The following are the cases in which an appeal lies at the instance of a trade union--

(a) where the claimant is a member of the union at the time of the appeal and was so immediately before the matter in question arose;

(b) where that matter in any way relates to a deceased person who was a member of the union at the time of his death;

(c) where the case relates to industrial injuries benefit and the claimant or, in relation to industrial death benefit, the deceased, was a member of the union at the time of the relevant accident.

(6) Subsections (2), (3) and (5) above, as they apply to a trade union, apply also to any other association which exists to promote the interests and welfare of its members.

(7) If each of the principal parties to the appeal expresses the view that the decision appealed against was erroneous in point of law, the Commissioner may set aside the decision and refer the case to a tribunal with directions for its determination.

(8) Where the Commissioner holds that the decision appealed against was erroneous in point of law, he shall set it aside and--

(a) he shall have power--

(i) to give the decision which he considers the tribunal should have given, if he can do so without making fresh or further findings of fact; or

(ii) if he considers it expedient, to make such findings and to give such decision as he considers appropriate in the light of them; and

(b) in any other case he shall refer the case to a tribunal with directions for its determination.

(9) Subject to any direction of the Commissioner, a reference under subsection (7) or (8)(b) above shall be to a differently constituted tribunal.

(10) No appeal lies under this section without the leave--

(a) of the person who constituted, or was the chairman of, the tribunal when the decision was given or, in a prescribed case, the leave of such other person as may be prescribed; or

(b) subject to and in accordance with regulations, of a Commissioner.

(11) Regulations may make provision as to the manner in which, and the time within which, appeals are to be brought and applications made for leave to appeal.

(12) Schedule 4 to this Act shall have effect with respect to the appointment, remuneration and tenure of office of Commissioners and other matters relating to them.

15 Appeal from Commissioner on point of law

(1) Subject to subsections (2) and (3) below, an appeal on a question of law shall lie to the appropriate court from any decision of a Commissioner.

(2) No appeal under this section shall lie from a decision except--

(a) with the leave of the Commissioner who gave the decision or, in a prescribed case, with the leave of a Commissioner selected in accordance with regulations; or

(b) if he refuses leave, with the leave of the appropriate court.

(3) An application for leave under this section in respect of a Commissioner's decision may only be made by--

(a) a person who, before the proceedings before the Commissioner were begun, was entitled to appeal to the Commissioner from the decision to which the Commissioner's decision relates;

(b) any other person who was a party to the proceedings in which the first decision mentioned in paragraph (a) above was given;

(c) any other person who is authorised by regulations to apply for leave;

and regulations may make provision with respect to the manner in which and the time within which applications must be made to a Commissioner for leave under this section and with respect to the procedure for dealing with such applications.

(4) On an application to a Commissioner for leave under this section it shall be the duty of the Commissioner to specify as the appropriate court--

(a) the Court of Appeal if it appears to him that the relevant place is in England or Wales;

(b) the Court of Session if it appears to him that the relevant place is in Scotland; and

(c) the Court of Appeal in Northern Ireland if it appears to him that the relevant place is in Northern Ireland,

except that if it appears to him, having regard to the circumstances of the case and in particular to the convenience of the persons who may be parties to the proposed appeal, that he should specify a different court mentioned in paragraphs (a) to (c) above as the appropriate court, it shall be his duty to specify that court as the appropriate court.

Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10

-- Back--

<<<< >>>>

Stat




Search
Popular article
Advert