The Pension Protection Fund (Reference of Reviewable Matters to the PPF Ombudsman) Regulations 2005

Time for making a reference

3.—(1) Subject to regulation 20(1), a reference of a reviewable matter is made when it is sent to the PPF Ombudsman by a person before the end of the period of 28 days beginning with the date on which that person was sent a notice of the reconsideration decision.

(2) A reference of a reviewable matter may not be made after the end of the period referred to in paragraph (1) in any case where the reviewable matter to which the reference relates is—

(a) the issue of a notice under section 122 of the Act (insolvency practitioner’s duty to issue notices confirming status of scheme) by virtue of section 124 of the Act (Board’s duty where there is a failure to comply with section 122);

(b) the issue of a determination notice under section 123(4) of the Act (approval of notices issued under section 122);

(c) the issue of a validation notice under regulation 2(5) of the Pension Protection Fund (Entry Rules) Regulations 2005(1) (determination to validate or not to validate an estimate and statement provided by the actuary);

(d) the issue of—

(i) a scheme failure notice under section 130(2) of the Act (Board’s duty where application or notification received under section 129); or

(ii) a withdrawal notice under section 130(3) of the Act;

(e) the issue of a notice under section 136(2) of the Act (power to validate contraventions of section 135);

(f) the approval of the valuation under section 144(2)(a) of the Act(2) (approval of valuation);

(g) the approval of the valuation under section 144(2)(a) of the Act as applied for the purposes of section 160(8) of the Act(3) (transfer notice);

(h) the issue of a withdrawal notice under section 146(2)(a) of the Act (schemes which become eligible schemes);

(i) the issue of a withdrawal notice under section 147(2)(a) of the Act (new schemes created to replace existing schemes);

(j) the issue of a withdrawal notice under section 148(3) or (4) of the Act (withdrawal following issue of section 122(4) notice);

(k) the issue of a determination notice under section 152(3) (duty to assume responsibility following reconsideration);

(l) the issue of a determination notice under section 153(6) of the Act (closed schemes).

(1)

S.I. 2005/590 as amended by S.I. 2005/993.

(2)

Section 144 of the Pensions Act 2004 is modified in its application to an unsecured part of a partially guaranteed scheme by regulation 3(3)(b) of S.I. 2005/277 so as to also apply in respect of the valuation of an unsecured part of such a scheme obtained under section 143 of that Act.

(3)

See regulation 10(1)(b) of S.I. 2005/277 which modifies section 160 of the Pensions Act 2004 so as to insert a new subsection (8) which applies to an unsecured part of a partially guaranteed scheme.