Pension Schemes (Northern Ireland) Act 1993

147 Determinations of the Pensions Ombudsman. N.I.

(1) Where the Pensions Ombudsman has conducted an investigation under this Part he shall send by ordinary post a written statement of his determination of the complaint or dispute in question—

[F1 (a) to the person by whom, or on whose behalf, the complaint or reference was made; and

(b) to any person (if different) responsible for the management of the scheme to which the complaint or reference relates;][F2 and

(c) to every other person who was required under section 145 to be given an opportunity—

(i) to comment on an allegation in the complaint or reference; or

(ii) to make representations about matters to which the complaint or reference relates,]

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 Great Britain, he may direct [F3 any person responsible for the management of the scheme to which the complaint or reference relates] 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—

[F4 (a) the person by whom, or on whose behalf, the complaint or reference was made;

(b) any person (if different) responsible for the management of the scheme to which the complaint or reference relates;

[F5 (ba) any person who under section 145 was given such an opportunity to make any such comment or representation as is mentioned in subsection (1)(c) of this section;

(bb) any person whose interests were represented by a person falling within any of the preceding paragraphs; and]

(c) any person claiming under a person falling within [F6 any of paragraphs (a) to (bb)].]

(4) An appeal on a point of law shall lie to the Court of Appeal 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 as if it were a judgment or order of the county court.

(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) of the M1 Pension Schemes Act 1993 or subsection (6) of this section

[F7 (aa) in disclosing any information under section 145(5),], or

(b) in sending to any person a statement under subsection (1) or a direction under subsection (2),

shall be absolutely privileged.

Textual Amendments

F1 S. 147(1)(a)(b) substituted (6.4.1997) by S.I. 1995/3213 (N.I. 22), art. 153(9); S.R. 1997/192, art. 2(b)

F2 S. 147(1)(c) and preceding word added (1.3.2002 for the purpose only of authorising the making of rules) by 2000 c. 4 (N.I.), ss. 50(7), 68(2) (with ss. 50(9), 66(6)); S.R. 2002/68, art. 2(2)

F3 Words in s. 147(2) substituted (6.4.1997) by S.I. 1995/3213 (N.I. 22), art. 153(10); S.R. 1997/192, art. 2(b)

F4 S. 147(3)(a)-(c) substituted (6.4.1997) by S.I. 1995/3213 (N.I. 22), art. 153(11); S.R. 1997/192, art. 2(b)

F5 S. 147(3)(ba)(bb) substituted (1.3.2002 for the purpose only of authorising the making of rules) for the word "and" by 2000 c. 4 (N.I.), ss. 50(8), 68(2) (with ss. 50(9), 66(6)); S.R. 2002/68, art. 2(2)

F6 Words in s. 147(3)(c) substituted (1.3.2002 for the purpose only of authorising the making of rules) by 2000 c. 4 (N.I.), ss. 50(8), 68(2) (with ss. 50(9), 66(6)); S.R. 2002/68, art. 2(2)

F7 S. 147(7)(aa) inserted (6.4.1997) by S.I. 1995/3213 (N.I. 22), art. 155(2); S.R. 1997/192, art. 2(b)

Marginal Citations

M1 1993 c. 48.