Part II Miscellaneous, General and Supplementary Provisions

General provisions connected with the new schemes

C120 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 person to whom Part I above applies or has applied;

b

the F1widow, widower or surviving civil partner, or any surviving dependant, of a person who served in qualifying judicial office but who has died; and

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 person to whom Part I above applies 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.

6

In this section—

  • regulations” means regulations made by the appropriate Minister;

  • relevant pension scheme” means any scheme constituted under or by virtue of Part I or section 19 above for the payment of pensions or other benefits;

  • rules”, in relation to a relevant pension scheme, means the provisions of Part I and section 19 above and of any regulations or orders made under or by virtue of that Part or that section.