149 Procedure on an investigation.E+W+S
(1)Where the Pensions Ombudsman proposes to conduct an investigation into a complaint made or dispute referred under this Part, he shall give—
(a)the trustees and managers of the scheme concerned, and
(b)any other person against whom allegations are made in the complaint or reference,
an opportunity to comment on any allegations contained in the complaint or reference.
(2)The Secretary of State may make rules with respect to the procedure which is to be adopted in connection with the making of complaints, the reference of disputes, and the investigation of complaints made and disputes referred, under this Part.
(3)The rules may include provision—
(a)requiring any oral hearing held in connection with such an investigation to take place in public, except in such cases as may be specified in the rules; [F1and]
(b)as to the persons entitled to appear and be heard on behalf of parties to an investigation, as defined in section 148(5); [F2and
(c)for the payment by the Ombudsman of such travelling and other allowances (including compensation for loss of remunerative time) as the Secretary of State may determine, to—
(i)actual or potential beneficiaries of a scheme to which a complaint or reference relates, or
(ii)persons appearing and being heard on behalf of such actual or potential beneficiaries,
who attend at the request of the Ombudsman any oral hearing held in connection with an investigation into the complaint or dispute.]
(4)Subject to any provision made by the rules, the procedure for conducting such an investigation shall be such as the Pensions Ombudsman considers appropriate in the circumstances of the case; and he may, in particular, obtain information from such persons and in such manner, and make such inquiries, as he thinks fit.
Textual Amendments
F1Word in s. 149(3)(a) repealed (1.6.1996 for specified purposes) by Pensions Act 1995 (c. 26), ss. 158(b), 180(1), Sch. 7 Pt. IV; S.I. 1996/1412, art. 2(2), Sch. Pt. 2; S.I. 1996/2637, art. 4
F2S. 149(3)(c) and word inserted (1.6.1996 for specified purposes) by Pensions Act 1995 (c. 26), ss. 158(a), 180(1); S.I. 1996/1412, art. 2(2), Sch. Pt. 2; S.I. 1996/2637, art. 4
Commencement Information
I1Ss. 1-187 in force at 7.2.1994 by S.I. 1994/86, art. 2