The Pension Protection Fund (Review and Reconsideration of Reviewable Matters) Regulations 2005

Time for making an application for a review decision

3.—(1) Subject to paragraph (2), any application for a review decision on any reviewable matter must be made—

(a) in the case of an application concerning the approval of a valuation under section 144(2)(a) of the Act (approval of valuation), by sending it to the Board before the end of a period of two months beginning with the date on which the trustees or managers of the scheme provide a summary of the valuation to members of the scheme in accordance with regulations made under section 203(1)(b)(ii) (provision of information to members of schemes etc);

(b) in the case of an application concerning the determination of a person’s entitlement to compensation under section 162 of the Act (the pension compensation provisions), at any time after the determination is made;

(c) in all other cases, by sending it to the Board before the end of a period of 28 days beginning with the date on which the Board issues the determination, direction or other decision in respect of the reviewable matter.

(2) Subject to paragraph (3) where the circumstances of a case are such that, in the opinion of the Board, it is reasonable for an application to be made after the end of the period specified in paragraph (1)(a) or (c), the Board must give a review decision if the application is made within such further period as the Board considers to be reasonable.

(3) Paragraph (2) shall not apply to—

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

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

(c) the issue of—

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

(ii) a withdrawal notice under section 130(3);

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

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

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

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

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

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

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