The Pension Protection Fund (Investigation by PPF Ombudsman of Complaints of Maladministration) Regulations (Northern Ireland) 2005

Costs and expenses

13.—(1) Where under regulation 7(2)(d), the PPF Ombudsman refers a question which arises out of a matter referred to him to a person who, in his opinion, is able to provide an expert opinion in relation to that question, the PPF Ombudsman may pay that person such amount as he considers reasonable in respect of costs or expenses reasonably incurred by that person in connection with that referral.

(2) Where an oral hearing is held, the PPF Ombudsman may pay—

(a) the referring party;

(b) any person notified of the reference under regulation 5(1)(b);

(c) any witness who has been requested to attend the hearing and give evidence;

(d) any person to whom notice of the hearing was sent under regulation 10(2)(d), or

(e) any person appointed under regulation 10(4)(c),

such amount as the PPF Ombudsman considers reasonable in respect of costs or expenses reasonably incurred by that person, with the prior approval of the PPF Ombudsman, in connection with the person’s attendance at the hearing.

(3) Where an oral hearing is held and the PPF Ombudsman is of the opinion that––

(a) the referring party, the Board, any person notified of the reference under regulation 5(1)(b) or any person to whom notice of the hearing was sent under regulation 10(2)(d) acted vexatiously;

(b) the conduct of the referring party in making or pursuing the reference was unreasonable, or

(c) the conduct of the Board in opposing the allegation of maladministration involved in the referred matter was unreasonable,

he may direct the person who acted, as the case may be, vexatiously or unreasonably to pay any such person as is mentioned in paragraph (2)(a) to (e) such amount as the PPF Ombudsman considers reasonable in respect of costs or expenses reasonably incurred by that person, with the prior approval of the PPF Ombudsman, in connection with the person’s attendance at the hearing.

(4) A direction may be give to the referring party under paragraph (3) despite the fact that he has withdrawn the reference.

(5) Before giving a direction to a person under paragraph (3), the PPF Ombudsman must give the person an opportunity to make representations.