(1)If any person to whom this section applies is aggrieved by any decision taken by the administrators of a relevant pension scheme concerning—
(a)the interpretation of the rules of the scheme, or
(b)the exercise of any discretion under the scheme,
he shall have a right of appeal to the appropriate Minister against that decision.
(2)On deciding an appeal under this section, the appropriate Minister may give to the administrators such directions as he considers necessary or expedient for implementing his decision.
(3)The persons to whom this section applies are the following—
(a)any member of the scheme;
(b)the widow [F2, widower or surviving civil partner], or any surviving dependant, of a deceased member of the scheme;
(c)where the decision relates to the question—
(i)whether a person who claims to be such a person as is mentioned in paragraph (a) or (b) above is such a person, or
(ii)whether a person who claims to be entitled to become a member of the scheme is so entitled,
the person so claiming.
(4)Regulations may make provision as to the manner in which, and time within which, appeals under this section are to be brought.
(5)The administrators shall be entitled to appear and be heard on any appeal under this section.
[F3(5A)Regulations under subsection (4) are to be made by statutory instrument.
(5B)A statutory instrument containing regulations under subsection (4) is subject to annulment in pursuance of a resolution of either House of Parliament.]
(6)In this section—
“ the administrators ”, in relation to a pension scheme, means the persons entrusted with the administration of the scheme;
“ the appropriate Minister ” means—
in relation to any judicial office whose jurisdiction is exercised exclusively in relation to Scotland, the Secretary of State; or
subject to paragraph (a) above, the Lord Chancellor;
“ member ”, in relation to a pension scheme, means a person whose service in an office is, was or is to be subject to the scheme;
“ regulations ” means regulations made by the appropriate Minister;
“ relevant pension scheme ” means any pension scheme constituted under or by virtue of this Act;
“ rules ”, in relation to a relevant pension scheme, means the provisions of this Act, and of any regulations or orders made under this Act, so far as relating to that scheme. ]
Textual Amendments
F1S. 32A inserted (31.3.1995) by 1993 c. 8, s. 24, Sch. 3 Pt. I para. 2(2); S.I. 1995/631, art. 2
F2Words in s. 32A(3)(b) substituted (5.12.2005) by The Civil Partnership (Judicial Pensions and Church Pensions, etc.) Order 2005 (S.I. 2005/3325), art. 64
F3S. 32A(5A)(5B) inserted (3.1.2012) by Pensions Act 2011 (c. 19), s. 38(4), Sch. 5 para. 5; S.I. 2011/3034, art. 3(j)