Constitutional Reform Act 2005

Pensions Appeal Tribunals Act 1943 (c. 39)

364 (1) Section 6 of the Pensions Appeal Tribunal Act 1943 (constitution, jurisdiction and procedure of Pensions Appeal Tribunals) is amended as follows.

(2) In subsection (2)—

(a) for “a judge of the High Court nominated for the purpose by the Lord Chancellor” substitute “the relevant judicial authority”;

(b) for “judge so nominated” substitute “relevant judicial authority”;

(c) for “that judge” substitute “that authority”.

(3) After subsection (2) insert—

“(2ZA) In subsection (2) “relevant judicial authority” means—

(a) in relation to England and Wales, a judge of the High Court in England and Wales nominated for the purposes of subsection (2) by the Lord Chief Justice of England and Wales after consulting the Lord Chancellor;

(b) in relation to Scotland, the Court of Session;

(c) in relation to Northern Ireland, the Court of Appeal in Northern Ireland.

(2ZB) The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (2ZA)(a).”

(4) After subsection (4) insert—

“(5) In the application of subsection (2) in relation to Northern Ireland, “rules of court” means rules of court made under section 55 of the Judicature (Northern Ireland) Act 1978.”

(5) In relation to the enactment referred to in this paragraph, the original amending provision is paragraph 3(2) of Schedule 1 to the Armed Forces (Pensions and Compensation) Act 2004 (c. 32).