Part 1The Pensions Regulator

F1References to a tribunal

F2102The Pensions Regulator Tribunal

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F3102AOffences

(1)

This section applies in respect of proceedings before a tribunal in relation to a decision of the Regulator.

(2)

A person is guilty of an offence if that person, without reasonable excuse, refuses or fails—

(a)

to attend following the issue of a summons by the tribunal; or

(b)

to give evidence.

(3)

A person guilty of an offence under subsection (2) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(4)

A person is guilty of an offence if that person, without reasonable excuse—

(a)

alters, suppresses, conceals or destroys a document which that person is or is liable to be required to produce for the purposes of proceedings before the tribunal; or

(b)

refuses to produce a document when so required.

(5)

A person guilty of an offence under subsection (4) is liable—

(a)

on summary conviction, to a fine not exceeding the statutory maximum;

(b)

on conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both.

(6)

In this section “document” includes information recorded in any form and, in relation to information recorded otherwise than in a legible form, references to its production include references to producing a copy of the information in a legible form, or in a form from which it can readily be produced in a legible form.

103References F4in relation to decisions of Regulator

F5(1)

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F5(2)

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F6(2A)

This section applies to references to a tribunal in relation to a decision of the Regulator.

(3)

On a reference, F7the tribunal concerned may consider any evidence relating to the subject-matter of the reference, whether or not it was available to the Regulator at the material time.

(4)

On a reference, F8the tribunal concerned must determine what (if any) is the appropriate action for the Regulator to take in relation to the matter referred to F9it .

(5)

On determining a reference, F10the tribunal concerned must remit the matter to the Regulator with such directions (if any) as F11it considers appropriate for giving effect to its determination.

(6)

Those directions may include directions to the Regulator—

(a)

confirming the Regulator’s determination and any order, notice or direction made, issued or given as a result of it;

(b)

to vary or revoke the Regulator’s determination, and any order, notice or direction made, issued or given as a result of it;

(c)

to substitute a different determination, order, notice or direction;

(d)

to make such savings and transitional provision as the F12tribunal concerned considers appropriate.

(7)

The Regulator must act in accordance with the determination of, and any direction given by, the F13tribunal concerned (and accordingly sections 96 to 99 (standard and special procedure) do not apply).

(8)

The F13tribunal concerned may, on determining a reference, make recommendations as to the procedure followed by the Regulator or the Determinations Panel.

(9)

An order of the F13tribunal concerned may be enforced—

(a)

as if it were an order of F14the county court, or

(b)

in Scotland, as if it were an order of the Court of Session.

F15104Appeal on a point of law

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F16105Redetermination etc by the Tribunal

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106Legal assistance scheme

(1)

The Lord Chancellor may by regulations establish a scheme governing the provision of legal assistance in connection with proceedings before F17a tribunal in relation to a decision of the Regulator.

(2)

The legal assistance scheme may, in particular, make provision as to—

(a)

the kinds of legal assistance that may be provided;

(b)

the persons by whom legal assistance may be provided;

(c)

the manner in which applications for legal assistance are to be made;

(d)

the criteria on which eligibility for legal assistance is to be determined;

(e)

the persons or bodies by whom applications are to be determined;

(f)

appeals against refusals of applications;

(g)

the revocation or variation of decisions;

(h)

its administration and the enforcement of its provisions.

(3)

Legal assistance under the scheme may be provided subject to conditions or restrictions.

(4)

Those conditions may include conditions as to the making of contributions by the person to whom the assistance is provided.

(5)

The Lord Chancellor must fund, out of money provided by Parliament, the costs of the scheme including the costs of legal assistance provided under it.

(6)

In this Part “the legal assistance scheme” means any scheme in force by virtue of subsection (1).