The Pension Protection Fund (Reviewable Matters and Review and Reconsideration of Reviewable Matters) (Amendment) Regulations 2006

Amendment of Schedule 9 to the Act

2.  In Schedule 9 to the Act(1) (reviewable matters)—

(a) after paragraph 3A(2) (the issue of, or failure to issue, a validation notice under regulation 2(5) of the Pension Protection Fund (Entry Rules) Regulations 2005(3)), insert—

“3B.   The provision of information by the Board under—

(a) regulation 3(2) of the Pension Protection Fund (Provision of Information) Regulations 2005 (S.I. 2005/674) (provision of information following receipt of a notice under section 120(2)),

(b) regulation 3(2A) of those Regulations (provision of information following receipt of a notice under section 120(2) where the scheme or section is not eligible), or

(c) regulation 3(9) of those Regulations (provision of information following receipt of an application under section 129(1) or a notice under section 129(4)),

or the failure to provide information under those provisions.”;

(b) after paragraph 16 (determination by the Board of a person’s entitlement to compensation), insert—

“16A.   Any step taken by the Board under section 163(4)(a) (adjustments to be made where Board assumes responsibility for a scheme) to recover the amount of any excess from future pension compensation payments.

16B.   Any determination by the Board, or the failure to make a determination, under regulation 6(2) of the Pension Protection Fund (General and Miscellaneous Amendments) Regulations 2006 (S.I. 2006/580) (circumstances where the Board is not required to recover overpaid scheme benefits).”; and

(c) after paragraph 17A(4), insert—

“17B.   Any determination made by the Board under regulation 16(2) or (5)(b) of the Pension Protection Fund (General and Miscellaneous Amendments) Regulations 2006 (S.I. 2006/580) (recovery of PPF compensation overpayments).”.

(1)

Schedule 9 was amended by S.I. 2005/600 and 2113. It was also modified in relation to partially guaranteed schemes by S.I. 2005/600, in relation to multi-employer schemes by S.I. 2005/441 (amended by S.I. 2005/993 and 2113) and for transitional purposes by S.I. 2005/1720.

(2)

Paragraph 3A was inserted by S.I. 2005/600.

(3)

S.I. 2005/590, amended by S.I. 2005/993, 2113 and 2153.

(4)

Paragraph 17A was inserted by S.I. 2005/600.