Determination of reserved questions

(1) Where any question (hereafter in these Regulations referred to as “reserved question”) arises as to whether- (a) any particular employment is insurable employment; (b) a person is or was an employed person; (c) any person is or was the employer of a (d) contribution is or was payable by or in respect of any person; (e) any person is entitled to have a contribution credited to him for any week; (f) a contribution has been paid by or in respect of any person for any week or credited to that person for that week, that question shall be considered in the first instance by the Manager who may, after making necessary enquiry, determine the question or refer it to the Board for determination, if he considers it expedient to do so. (2) Where a person is aggrieved by the Manager’s decision on a reserved question that question shall be referred to the Board for determination on the application of the aggrieved person. In such a case the Manager shall submit, to the Board, a report of his inquiry and his findings thereon. 168 Social Security (3) Except where a substantial question of law arises, the decision of the Board on a reserved question shall be final, and such decision shall be given in writing and shall specify the reason on which the decision is based: Provided that if it is considered by the Board that a question is of sufficient importance or that a substantial question of law may arise therefrom the question may be referred to an appeal tribunal for decision. (4) The Board may, if it finds it expedient so to do for the purpose of determining reserved questions appoint a committee consisting of three members of the Board other than the Manager, one of whom shall be a person representing employers and another representing insured persons. (5) The decision of a committee appointed under paragraph (4) shall be by simple majority of the members thereof and for the purposes of these Regulations the determination of a reserved question by such committee shall be a determination of that question by the Board. (6) Without prejudice to paragraph (4) of this Regulation, the Manager shall not take part in the decision of a reserved question referred to the Board on an application under paragraph (2) of this Regulation. (7) The Board or the committee appointed under paragraph (4) of this Regulation may, before determining a reserved question, appoint a person to hold an inquiry into the matter and to report thereon to the Board or the said committee, as the case may be. (8) In proceedings for the consideration of any reserved question the Board, or the committee or the person mentioned in paragraph (7) of this Regulation may summon persons to attend at such proceedings and to produce such documents as may be required and to give evidence on oath. The oath shall Social Security 169 be administered by the person presiding at the proceedings concerned. (9) Any person who appears to the inquiring body or person to be a person, who has an interest under the Act in the matter under inquiry, shall be entitled to attend and to be heard at these proceedings. (10) Subject to the provisions of this Regulation, the procedure for the determination of any reserved question shall be such as the Board may determine. (11) Except as may be directed by the Board, the procedure at an inquiry under paragraph (7) of this Regulation shall be such as the person holding the inquiry may determine.