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

Time for making an application to reconsider U.K.

15.—(1) Subject to paragraph (2) an application to reconsider a reviewable matter and give a reconsideration decision must be made by sending it to the Reconsideration Committee within 28 days of the date of issue of the review decision.

(2) Subject to paragraph (3), where the circumstances of the case are such that, in the opinion of the Reconsideration Committee, it is reasonable for an application to be made after the end of the period specified in paragraph (1), the Reconsideration Committee must give a reconsideration decision if the application is made within such further period as the Reconsideration Committee 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);

[F1 (da) the issue of–

(i) a determination under section 143(2)(a) (whether condition in section 127(2)(a) or 128(2)(a) satisfied); or

(ii) a notice under section 143(2A) (whether Board will make a determination or obtain an actuarial valuation);]

(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);F2 ...

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

[F3 ; or]

[F3 (k) the issue of–

(i) a determination under section 158(3)(a) (whether condition in section 158(1) satisfied); or

(ii) a notice under section 158(3A) (whether Board will make a determination or obtain an actuarial valuation).]

Textual Amendments

F1 Reg. 15(3)(da) inserted (24.1.2013) by The Pension Protection Fund (Miscellaneous Amendments) (No. 2) Regulations 2012 (S.I. 2012/3083), regs. 1(2)(b), 4(3)(a), 9(1)(d), (2) (with reg. 10)

F2 Word in reg. 15(3)(i) omitted (24.1.2013) by virtue of The Pension Protection Fund (Miscellaneous Amendments) (No. 2) Regulations 2012 (S.I. 2012/3083), regs. 1(2)(b), 4(3)(b), 9(1)(d), (2) (with reg. 10)

F3 Reg. 15(3)(k) and word inserted (24.1.2013) by The Pension Protection Fund (Miscellaneous Amendments) (No. 2) Regulations 2012 (S.I. 2012/3083), regs. 1(2)(b), 4(3)(c), 9(1)(d), (2) (with reg. 10)