The Pensions (Northern Ireland) Order 1995

Review of decisions

94.—(1) Subject to the following provisions of this Article and to Article 95, any determination by the Authority of a question which it is within their functions to determine shall be final.

(2) The Authority must, on the application of any person (“the applicant”) at any time within the prescribed period, review any determination of theirs—

(a) to make an order against the applicant under Article 3,

(b) to require the applicant to pay a penalty under Article 10 or section 164(4) of the Pension Schemes Act, or

(c) to disqualify the applicant for being a trustee of any trust scheme under Article 29(3) or (4).

(3) The Authority may on the application of a person appearing to them to be interested—

(a) at any time review any other such determination of theirs as is mentioned in paragraph (1) (including a determination given by them on a previous review), if they are satisfied that there has been a relevant change of circumstances since the determination was made, or that the determination was made in ignorance of a material fact or based on a mistake as to a material fact or was erroneous in point of law,

(b) at any time within a period of six months from the date of the determination, or within such longer period as they may allow in any particular case, review such a determination on any ground.

(4) The Authority’s powers on a review under paragraph (2) or (3) include power—

(a) to vary or revoke any determination or order previously made,

(b) to substitute a different determination or order, and

(c) generally to deal with the matters arising on the review as if they had arisen on the original determination;

and also include power to make savings and transitional provisions.

(5) Subsection (5) of section 96 of the Pensions Act 1995(1) (regulations about procedure on reviews of decisions of the Authority) shall extend to Northern Ireland, but nothing in that subsection shall be taken to prevent a review under paragraph (2) or (3) being entered upon by the Authority without an application being made.

(1)

1995 c. 26.