Part III Supplemental

32AF1 Appeals.

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.

F35A

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—

    1. a

      in relation to any judicial office whose jurisdiction is exercised exclusively in relation to Scotland, the Secretary of State; or

    2. b

      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.