Part X Investigations: the Pensions Ombudsman
I1151 Determinations of the Pensions Ombudsman.
1
Where the Pensions Ombudsman has conducted an investigation under this Part he shall send a written statement of his determination of the complaint or dispute in question—
a
to the authorised complainant in question; and
b
to the trustees or managers of the scheme in question;
and any such statement shall contain the reasons for his determination.
2
Where the Pensions Ombudsman makes a determination under this Part or under any corresponding legislation having effect in Northern Ireland, he may direct the trustees or managers of the scheme concerned to take, or refrain from taking, such steps as he may specify in the statement referred to in subsection (1) or otherwise in writing.
3
Subject to subsection (4), the determination by the Pensions Ombudsman of a complaint or dispute, and any direction given by him under subsection (2), shall be final and binding on—
a
the authorised complainant in question;
b
the trustees or managers of the scheme concerned; and
c
any person claiming under them respectively.
4
An appeal on a point of law shall lie to the High Court or, in Scotland, the Court of Session from a determination or direction of the Pensions Ombudsman at the instance of any person falling within paragraphs (a) to (c) of subsection (3).
5
Any determination or direction of the Pensions Ombudsman shall be enforceable—
a
in England and Wales, in a county court as if it were a judgment or order of that court, and
b
in Scotland, by the sheriff, as if it were a judgment or order of the sheriff and whether or not the sheriff could himself have granted such judgment or order.
6
If the Pensions Ombudsman considers it appropriate to do so in any particular case, he may publish in such form and manner as he thinks fit a report of any investigation under this Part and of the result of that investigation.
7
For the purposes of the law of defamation, the publication of any matter by the Pensions Ombudsman—
a
in submitting or publishing a report under section 145(6) or subsection (6) of this section, or
b
in sending to any person a statement under subsection (1) or a direction under subsection (2),
shall be absolutely privileged.