The Social Security Commissioners (Procedure) (Amendment) Regulations 2001

Made: 20th March 2001

Coming into force: 2nd July 2001

The Lord Chancellor, in exercise of the powers conferred upon him by paragraphs 8 to 10, 19, 20(1) and (3) and 23(1) and (2) of Schedule 7 to the Child Support, Pensions and Social Security Act 2000, sections 14 to 16, 28, 79(2), (4) and (6) and 84 of, and Schedules 4 and 5 to, the Social Security Act 1998, section 4(2) of the Forfeiture Act 1982, and of all other powers enabling him in that behalf, after consultation with the Scottish Ministers, in accordance with section 79(2) of the Social Security Act 1998 and paragraph 20(1) of Schedule 7 to the Child Support, Pensions and Social Security Act 2000, and with the Council on Tribunals in accordance with section 8 of the Tribunals and Inquiries Act 1992, makes the following Regulations, a draft of which has, in accordance with section 80(1) of the Social Security Act 1998, been laid before and approved by resolution of each House of Parliament:

Citation, commencement and interpretation

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• (1) These Regulations may be cited as the Social Security Commissioners (Procedure) (Amendment) Regulations 2001 and shall come into force on 2nd July 2001.

• (2) In these Regulations a reference to a regulation by number alone means the regulation so numbered in the Social Security Commissioners (Procedure) Regulations 1999 .

Amendments to the Social Security Commissioners (Procedure) Regulations 1999

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In regulation 4—

• (a) at the beginning insert “ (1) ”;

• (b) in the definition of “the Act" for the words “the Act" there shall be substituted the words “ the 1998 Act ”;

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) in the definition of “appeal tribunal" for the words “the Act" there shall be substituted the words “ the 1998 Act ”;

• (e) in the definition of “authorised officer" for the words “the Act" there shall be substituted the words “ the 1998 Act ”;

• (f) in the definition of “the chairman", in paragraph (ii), for the words “section 14 of the Act" there shall be substituted the words “ section 14 of the 1998 Act or paragraph 8 of Schedule 7 to the 2000 Act ”;

• (g) in the definition of “Commissioner" for the words “the Act" there shall be substituted the words “ the 1998 Act ”;

• (h) after the definition of “party" there shall be inserted the following definition—

“person affected" means, subject to paragraph (2), a person who is a person affected under regulation 3 of the Housing Benefit and Council Tax Benefit (Decision and Appeals) Regulations 2001 provided that he is an appellant against the appeal tribunal’s decision or was a party to the appeal tribunal proceedings;

• (i) after the definition of “proceedings" there shall be inserted the following definition—

“relevant authority" has the same meaning as in paragraph 1(1) of Schedule 7 to the 2000 Act;

• (j) for the definition of “respondent" there shall be substituted the following definition—

“respondent" means— (i) any person or organisation other than the applicant, appellant or person making the reference who is one of the principal parties as defined in section 13 of the 1998 Act, (ii) any other person taking part in the proceedings in accordance with section 14 of the 1998 Act or as a person affected or as a relevant authority or at the direction or with the leave of the Commissioner, (iii) the Secretary of State in any case where he is not otherwise a respondent and has given notice to the Commissioner of his wish to be joined as a party to the proceedings.

and

• (k) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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In regulation 14—

• (a) in paragraph (1) for the words “the Act" there shall be substituted the words “ the 1998 Act ”;

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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7

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8

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9

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10

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11

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12

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13

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14

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Signed

Signed by authority of the Lord Chancellor

Jane Kennedy — Parliamentary Secretary, — Lord Chancellor’s Department — 20th March 2001

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 2000 c. 19. Paragraph 23(1) is an interpretation provision and is cited because of the meaning assigned to the word “prescribed”.

[^f00002]: 1998 c. 14. Section 28 was amended by paragraph 34 of Schedule 7 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2). Section 84 is an interpretation provision and is cited because of the meaning assigned to the word “prescribe”.

[^f00003]: 1982 c. 34. Section 4(2) was amended by Article 3 of the Transfer of Functions (Social Security Commissioners) Order 1984 (S.I. 1984/1818).

[^f00004]: The functions of the Lord Advocate under section 79(2) were transferred to the Secretary of State by the Transfer of Functions (Lord Advocate and Secretary of State) Order 1999 (S.I. 1999/678), Article 2(1) and the Schedule. Those functions were then treated as being exercisable in or as regards Scotland, for the purposes of section 63 of the Scotland Act 1998 (c. 46), by the Scotland Act 1998 (Functions Exercisable in or as Regards Scotland) Order 1999 (S.I. 1999/1748), Article 3 and paragraph 19 of Schedule 1, and transferred to the Scottish Ministers by the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 1999 (S.I. 1999/1750), Article 2 and Schedule 1.

[^f00005]: 1992 c. 53.

[^f00006]: S.I. 1999/1495, as amended by the Social Security Commissioners (Procedure) (Amendments) Regulations 2000 (S.I. 2000/2854).

[^f00007]: S.I. 2001/1002.

[^f00008]: S.I. 1987/1971.

[^f00009]: S.I. 1992/1814; amended by S.I. 1993/688.

Editorial notes

[^c1553947]: 2000 c. 19. Paragraph 23(1) is an interpretation provision and is cited because of the meaning assigned to the word “prescribed".

[^c1553948]: 1998 c. 14. Section 28 was amended by paragraph 34 of Schedule 7 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2). Section 84 is an interpretation provision and is cited because of the meaning assigned to the word “prescribe".

[^c1553949]: 1982 c. 34. Section 4(2) was amended by Article 3 of the Transfer of Functions (Social Security Commissioners) Order 1984 (S.I. 1984/1818).

[^c1553950]: The functions of the Lord Advocate under section 79(2) were transferred to the Secretary of State by the Transfer of Functions (Lord Advocate and Secretary of State) Order 1999 (S.I. 1999/678), Article 2(1) and the Schedule. Those functions were then treated as being exercisable in or as regards Scotland, for the purposes of section 63 of the Scotland Act 1998 (c. 46), by the Scotland Act 1998 (Functions Exercisable in or as Regards Scotland) Order 1999 (S.I. 1999/1748), Article 3 and paragraph 19 of Schedule 1, and transferred to the Scottish Ministers by the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 1999 (S.I. 1999/1750), Article 2 and Schedule 1.

[^c1553951]: 1992 c. 53.

[^c1553952]: S.I. 1999/1495, as amended by the Social Security Commissioners (Procedure) (Amendments) Regulations 2000 (S.I. 2000/2854).

[^key-267414d697e5d4c6743918c8019d3b23]: Regs. 6-14 revoked (3.11.2008) by Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008 (S.I. 2008/2683), art. 1, Sch. 2

[^key-1e6a444ddd6c009732a40da0f3a0cf72]: Reg. 2 revoked (3.11.2008) by Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008 (S.I. 2008/2683), art. 1, Sch. 2

[^key-784a74a926b25cef28566ebf488356c5]: Reg. 3(c)(k) revoked (3.11.2008) by Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008 (S.I. 2008/2683), art. 1, Sch. 2

[^key-58ed09b8ecc9d6eb1dc719a7d31e8e3f]: Reg. 4 revoked (3.11.2008) by Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008 (S.I. 2008/2683), art. 1, Sch. 2

[^key-7a6bdb57af523cd61a41d309e8649047]: Reg. 5(b)(c) revoked (3.11.2008) by Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008 (S.I. 2008/2683), art. 1, Sch. 2