Part X Investigations: the Pensions Ombudsman

145 Procedure on an investigation.

F1(1)

Where the Pensions Ombudsman proposes to conduct an investigation into a complaint made or dispute referred under this Part, he shall—

(a)

give every person against whom allegations are made in the complaint or reference an opportunity to comment on those allegations,

(b)

give every person responsible for the management of the scheme to which the complaint or reference relates an opportunity to make representations to him about the matters to which the complaint or dispute relates, and

(c)

give every actual or potential beneficiary of that scheme whose interests are or may be affected by the matters to which the complaint or dispute relates, an opportunity to make representations about those matters.

(1A)

Subject to subsection (1B), subsection (1) shall not require an opportunity to make comments or representations to be given to any person if the Pensions Ombudsman is satisfied that that person is—

(a)

a person who, as the person or one of the persons making the complaint or reference, has had his opportunity to make comments or representations about the matters in question; or

(b)

a person whose interests in relation to the matters to which the complaint or dispute relates are being represented, in accordance with rules under this section, by a person who has been given an appropriate opportunity to make comments or representations.

(1B)

The Pensions Ombudsman shall, under subsection (1), give an opportunity to make comments and representations to a person falling within subsection (1A)(a) in any case in which that person is a person who, in accordance with rules, is appointed or otherwise determined, after the making of the complaint or reference, to represent the interests of other persons in relation to the matters to which the complaint or dispute relates.

(2)

The Department 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; F2. . .

(b)

as to the persons entitled to appear and be heard on behalf of parties to an investigation, as defined in section 144(4)

F3(ba)

for the interests of all of a number of persons who—

(i)

are actual or potential beneficiaries of the scheme to which the complaint or reference relates; and

(ii)

appear to have the same interest in relation to any of the matters to which the complaint or dispute relates,

to be represented for the purposes of the investigation by such one or more of them, or such other person, as may be appointed by the Ombudsman or otherwise determined in accordance with the rules,

F4(c)

for the payment by the Pensions Ombudsman of such travelling and other allowances (including compensation for loss of remunerative time) as the Department 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 Pensions Ombudsman any oral hearing held in connection with an investigation into the complaint or disputeF5and

F5(d)

for the payment of legal expenses incurred by a party to an investigation (as defined in section 144(4)) out of funds held for the purposes of the scheme to which the complaint or reference relates.

(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.

F6(5)

The Pensions Ombudsman may disclose any information which he obtains for the purposes of an investigation under this Part to any person to whom subsection (6) applies, if the Ombudsman considers that the disclosure would enable or assist that person to discharge any of his functions.

(6)

This subsection applies to the following—

(a)

the Regulatory Authority,

(b)

the Pensions Compensation Board,

(c)

the Registrar,

(d)

any Northern Ireland department or department of the Government of the United Kingdom,

(e)

F7Financial ServicesAuthority,

F8(f)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8(g)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(h)

an inspector appointed by the Department of Economic Development under Part XV of the Companies (Northern Ireland) Order 1986 M1,

F9(i)

a person appointed under—

(i)

Part 14 of the Companies Act 1985,

(ii)

section 167 of the Financial Services and Markets Act 2000,

(iii)

subsection (3) or (5) of section 168 of that Act, or

(iv)

section 284 of that Act,

to conduct an investigation;

(j)

a body designated under section 326(1) of the Financial Services and Markets Act 2000; and

(k)

a recognised investment exchange or a recognised clearing house (as defined by section 285 of that Act).

(7)

The Department may by order—

(a)

amend subsection (6) by adding any person or removing any person for the time being specified in that subsection, or

(b)

restrict the circumstances in which, or impose conditions subject to which, disclosure may be made to any person for the time being specified in that subsection.

F10(8)

References in this section to the matters to which a complaint or dispute relates include references to any matter which it is reasonable to suppose might form the subject of—

(a)

the Pensions Ombudsman’s determination of the complaint or dispute, or

(b)

any directions that may be given by the Ombudsman in consequence of that determination.