Part 2The Board of the Pension Protection Fund

Chapter 6Reviews, appeals and maladministration

The PPF Ombudsman

209The Ombudsman for the Board of the Pension Protection Fund

(1)

There is to be a commissioner to be known as the Ombudsman for the Board of the Pension Protection Fund (in this Act referred to as “the PPF Ombudsman”).

(2)

The PPF Ombudsman is to be appointed by the Secretary of State on such terms and conditions as are determined by the Secretary of State.

(3)

The PPF Ombudsman—

(a)

is to hold and vacate office in accordance with the terms and conditions of his appointment, and

(b)

may resign or be removed from office in accordance with those terms and conditions.

(4)

The Secretary of State may by order make provision—

(a)

about the payment, or provision for payment, of remuneration, compensation for loss of office, pension, allowances or gratuities to or in respect of the PPF Ombudsman;

(b)

about the reimbursement of the PPF Ombudsman in respect of any expenses incurred by him in the performance of his functions;

(c)

about the staff of the PPF Ombudsman and the provision of facilities (including additional staff) to him;

(d)

about the delegation of the functions of the PPF Ombudsman to his staff or to any such additional staff;

(e)

authorising the PPF Ombudsman—

(i)

to charge such fees as are specified in the order;

(ii)

to charge fees sufficient to meet such costs as are specified in the order;

(f)

conferring powers to enable the PPF Ombudsman to obtain such information and documents as he may require for the performance of his functions;

(g)

about restrictions on the disclosure of information held by him.

(5)

An order under subsection (4)(e)—

(a)

may prescribe, or authorise the PPF Ombudsman to determine, the time at which any fee is due, and

(b)

provide that any fee which is owed to the PPF Ombudsman by virtue of an order under subsection (4)(e) may be recovered as a debt due to the PPF Ombudsman.

(6)

The Secretary of State must pay to the PPF Ombudsman out of money provided by Parliament such sums as may be required to be paid by the Secretary of State to or in respect of the PPF Ombudsman by virtue of an order under subsection (4).

(7)

Regulations may provide for the imposition of a levy in respect of eligible schemes for the purpose of meeting expenditure of the Secretary of State under subsection (6).

(8)

Where regulations make such provision, subsections (2), (3), (5), (6) and (7) of section 117 (administration levy) apply in relation to the levy as they apply in relation to an administration levy (within the meaning of that section), except that in subsection (7) the reference to subsection (1) of that section is to be read as a reference to subsection (7) of this section.

210Deputy PPF Ombudsmen

(1)

The Secretary of State may appoint one or more persons to act as a deputy to the PPF Ombudsman (in this Chapter referred to as “a Deputy PPF Ombudsman”).

(2)

Any such appointment is to be on such terms and conditions as the Secretary of State determines.

(3)

A Deputy PPF Ombudsman—

(a)

is to hold and vacate office in accordance with the terms and conditions of his appointment, and

(b)

may resign or be removed from office in accordance with those terms and conditions.

(4)

A Deputy PPF Ombudsman may perform the functions of the PPF Ombudsman—

(a)

during any vacancy in that office,

(b)

at any time when the PPF Ombudsman is for any reason unable to discharge his functions, or

(c)

at any other time, with the consent of the Secretary of State.

(5)

References to the PPF Ombudsman in relation to the performance of his functions are accordingly to be construed as including references to a Deputy PPF Ombudsman in relation to the performance of those functions.

(6)

An order by the Secretary of State under section 209(4) may make provision—

(a)

about the payment, or provision for payment, of remuneration, compensation for loss of office, pension, allowances or gratuities to or in respect of a Deputy PPF Ombudsman;

(b)

about the reimbursement of any expenses incurred by a Deputy PPF Ombudsman in the performance of any of the PPF Ombudsman’s functions.

211Status etc of the PPF Ombudsman and deputies

(1)

In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (c. 24) (other disqualifying offices), at the appropriate place insert— “ Ombudsman for the Board of the Pension Protection Fund and any deputy to that Ombudsman appointed under section 210 of the Pensions Act 2004. ”

(2)

In Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (c. 25) (other disqualifying offices), at the appropriate place insert— “ Ombudsman for the Board of the Pension Protection Fund and any deputy to that Ombudsman appointed under section 210 of the Pensions Act 2004. ”

(3)

The persons to whom section 1 of the Superannuation Act 1972 (c. 11) (persons to or in respect of whom benefits may be provided by schemes under that section) applies are to include—

  • the PPF Ombudsman

  • a Deputy PPF Ombudsman

  • the employees of the PPF Ombudsman.

(4)

The PPF Ombudsman must pay to the Minister for the Civil Service, at such times as he may direct, such sums as he may determine in respect of the increase attributable to subsection (3) in the sums payable out of money provided by Parliament under that Act.

(5)

In Schedule 4 to the Parliamentary Commissioner Act 1967 (c. 13) (relevant tribunals for the purposes of section 5(7) of that Act), at the appropriate place insert— “ The Ombudsman for the Board of the Pension Protection Fund established under section 209 of the Pensions Act 2004. ”

212Annual reports to Secretary of State

(1)

The PPF Ombudsman must prepare a report on the discharge of his functions for each financial year.

(2)

The PPF Ombudsman must send each report to the Secretary of State as soon as practicable after the end of the financial year for which it is prepared.

(3)

The Secretary of State must arrange for the publication of each report sent to him under subsection (2).

(4)

In this section “financial year” means—

(a)

the period beginning with the date on which the PPF Ombudsman is established and ending with the next following 31st March, and

(b)

each successive period of 12 months.

F1212A.Accounts and audit

(1)

As soon as is reasonably practicable, the PPF Ombudsman shall send to the Comptroller and Auditor General a statement of the PPF Ombudsman’s accounts in respect of a financial year.

(2)

The Comptroller and Auditor General shall—

(a)

examine, certify and report on a statement received under this section; and

(b)

send a copy of the statement and the report to the Secretary of State who shall lay them before Parliament.

(3)

In this section “financial year” means a period of 12 months ending with 31st March.