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

Attendance at oral hearings

11.—(1) At an oral hearing—

(a) the referring party;

(b) the Board;

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

(d) any person appointed by a person within sub-paragraphs (a) to (c) to act on his behalf at the hearing,

may call witnesses to give evidence that is relevant to the matter being investigated.

(2) Not later than 14 days before the date of the hearing the referring party, the Board and any person notified of the reference under regulation 5(1)(b) must––

(a) inform the PPF Ombudsman in writing about—

(i) whether that person intends to be represented at the oral hearing; and

(ii) whether that person or any person so appointed intends to call any witnesses to give evidence at the hearing and, if so, the names of those witnesses; and

(b) if that person or any person so appointed intends to call a witness at the hearing, provide the PPF Ombudsman with an outline summary in writing of the evidence of the witness.

(3) If any person notified of the time and place of a hearing under regulation 10 fails to attend the hearing, the PPF Ombudsman may—

(a) adjourn the hearing; or

(b) conduct the hearing and determine the matter based on the evidence before him.

(4) The PPF Ombudsman has the same power as the court—

(a) in respect of the attendance and the examination of witnesses, including examination of witnesses abroad; and

(b) in respect of the production of documents.

(5) But the PPF Ombudsman may at an oral hearing receive evidence of any fact which appears to him to be relevant, notwithstanding that the evidence would be inadmissible in civil proceedings before the court, and must admit evidence which would be admissible in such proceedings and is relevant.

(6) In paragraphs (4) and (5), “the court” means—

(a) in England and Wales, a county court; or

(b) in Scotland, the sheriff.