Pensions Act 2004

Section 206

SCHEDULE 9 E+W+S Reviewable matters

Modifications etc. (not altering text)

C1 Sch. 9 modified (6.4.2005) by The Pension Protection Fund (Reviewable Matters) Regulations 2005 (S.I. 2005/600), regs. 1(1), 2, 3, Sch.

1 E+W+S The issue of a determination notice under section 123 approving a notice issued under section 122.

Commencement Information

I1 Sch. 9 para. 1 in force at 6.4.2005 by S.I. 2005/275, art. 2(7), Sch. Pt. 7

2 E+W+S The failure to issue a determination notice under section 123.

Commencement Information

I2 Sch. 9 para. 2 in force at 6.4.2005 by S.I. 2005/275, art. 2(7), Sch. Pt. 7

3 E+W+S The issue of, or failure to issue, a notice under section 122 by the Board by virtue of section 124 (Board’s duty where failure to comply with section 122).

Commencement Information

I3 Sch. 9 para. 3 in force at 6.4.2005 by S.I. 2005/275, art. 2(7), Sch. Pt. 7

[F1 3A E+W+S The issue of, or failure to issue, a validation notice under regulation 2(5) of the Pension Protection Fund (Entry Rules) Regulations 2005 (S.I.2005/590) (determination to validate or not to validate an estimate and statement provided by the actuary).]

Textual Amendments

F1 Sch. 9 para. 3A inserted (6.4.2005) by The Pension Protection Fund (Reviewable Matters) Regulations 2005 (S.I. 2005/600), regs. 1(1), 4(a)

[F2 3B E+W+S The provision of information by the Board under—

(a) regulation 3(2) of the Pension Protection Fund (Provision of Information) Regulations 2005 (S.I.2005/674) (provision of information following receipt of a notice under section 120(2)),

(b) regulation 3(2A) of those Regulations (provision of information following receipt of a notice under section 120(2) where the scheme or section is not eligible), or

(c) regulation 3(9) of those Regulations (provision of information following receipt of an application under section 129(1) or a notice under section 129(4)),

or the failure to provide information under those provisions.]

Textual Amendments

F2 Sch. 9 para. 3B inserted (6.4.2006) by The Pension Protection Fund (Reviewable Matters and Review and Reconsideration of Reviewable Matters) (Amendment) Regulations 2006 (S.I. 2006/685), regs. 1(1), 2(a)

4 E+W+S The issue of, or failure to issue—

(a) a scheme failure notice under subsection (2) of section 130 (scheme rescue not possible), or

(b) a withdrawal notice under subsection (3) of that section (scheme rescue has occurred).

Commencement Information

I4 Sch. 9 para. 4 in force at 6.4.2005 by S.I. 2005/275, art. 2(7), Sch. Pt. 7

5 E+W+S Any direction given under subsection (2) of section 134 (directions during an assessment period) or any variation or revocation of such a direction under subsection (4) of that section.

Commencement Information

I5 Sch. 9 para. 5 in force at 6.4.2005 by S.I. 2005/275, art. 2(7), Sch. Pt. 7

6 E+W+S The issue of a notice under section 136(2) (power to validate contraventions of section 135).

Commencement Information

I6 Sch. 9 para. 6 in force at 6.4.2005 by S.I. 2005/275, art. 2(7), Sch. Pt. 7

7 E+W+S The making of a loan under section 139(2) (loans to pay scheme benefits), the amount of any such loan or the failure to make such a loan.

Commencement Information

I7 Sch. 9 para. 7 in force at 6.4.2005 by S.I. 2005/275, art. 2(7), Sch. Pt. 7

[F3 7A. E+W+S Any determination by the Board under section 141(2) (determination on a review of an ill health pension that compensation in respect of the pension is to be determined in the prescribed manner).]

Textual Amendments

F3 Sch. 9 para. 7A inserted (19.8.2005) by The Occupational Pension Schemes (Miscellaneous Amendments) Regulations 2005 (S.I. 2005/2113), regs. 1(1), 3

8 E+W+S The failure by the Board to obtain an actuarial valuation of a scheme under section 143(2).

Commencement Information

I8 Sch. 9 para. 8 in force at 6.4.2005 by S.I. 2005/275, art. 2(7), Sch. Pt. 7

9 E+W+S The approval of, or failure to approve, a valuation in respect of an eligible scheme under section 144(2).

Commencement Information

I9 Sch. 9 para. 9 in force at 6.4.2005 by S.I. 2005/275, art. 2(7), Sch. Pt. 7

10 E+W+S The issue of, or failure to issue, a withdrawal notice under or by virtue of—

(a) section 146 (schemes which become eligible schemes), or

(b) section 147 (new schemes created to replace existing schemes).

Commencement Information

I10 Sch. 9 para. 10 in force at 6.4.2005 by S.I. 2005/275, art. 2(7), Sch. Pt. 7

11 E+W+S The issue of, or failure to issue, a withdrawal notice under section 148 (no insolvency event has occurred or is likely to occur).

Commencement Information

I11 Sch. 9 para. 11 in force at 6.4.2005 by S.I. 2005/275, art. 2(7), Sch. Pt. 7

12 E+W+S The issue of, or failure to issue, a determination notice under section 152(3) (whether value of scheme assets less than aggregate of liabilities etc).

Commencement Information

I12 Sch. 9 para. 12 in force at 6.4.2005 by S.I. 2005/275, art. 2(7), Sch. Pt. 7

13 E+W+S The issue of, or failure to issue, a determination notice under section 153(6) (authorisation to continue as closed scheme).

Commencement Information

I13 Sch. 9 para. 13 in force at 6.4.2005 by S.I. 2005/275, art. 2(7), Sch. Pt. 7

14 E+W+S Any direction given under section 154(7) (directions about winding up of scheme with sufficient assets to meet protected liabilities) and any variation or revocation of such a direction.

Commencement Information

I14 Sch. 9 para. 14 in force at 6.4.2005 by S.I. 2005/275, art. 2(7), Sch. Pt. 7

15 E+W+S The failure by the Board to give a transfer notice under section 160.

Commencement Information

I15 Sch. 9 para. 15 in force at 6.4.2005 by S.I. 2005/275, art. 2(7), Sch. Pt. 7

16 E+W+S Any determination by the Board of a person’s entitlement to compensation under the pension compensation provisions or the failure in any case to make such a determination.

Commencement Information

I16 Sch. 9 para. 16 in force at 6.4.2005 by S.I. 2005/275, art. 2(7), Sch. Pt. 7

[F4 16A E+W+S Any step taken by the Board under section 163(4)(a) (adjustments to be made where Board assumes responsibility for a scheme) to recover the amount of any excess from future pension compensation payments.

Textual Amendments

F4 Sch. 9 paras. 16A, 16B inserted (6.4.2006) by The Pension Protection Fund (Reviewable Matters and Review and Reconsideration of Reviewable Matters) (Amendment) Regulations 2006 (S.I. 2006/685), regs. 1(1), 2(b)

16B E+W+S Any determination by the Board, or the failure to make a determination, under regulation 6(2) of the Pension Protection Fund (General and Miscellaneous Amendments) Regulations 2006 (S.I.2006/580) (circumstances where the Board is not required to recover overpaid scheme benefits).]

Textual Amendments

F4 Sch. 9 paras. 16A, 16B inserted (6.4.2006) by The Pension Protection Fund (Reviewable Matters and Review and Reconsideration of Reviewable Matters) (Amendment) Regulations 2006 (S.I. 2006/685), regs. 1(1), 2(b)

[F5 16C E+W+S Any determination by the Board of a person's entitlement to compensation under or by virtue of Chapter 1 of Part 3 of the Pensions Act 2008 (pension compensation sharing on divorce etc) or the failure in any case to make such a determination.

Textual Amendments

F5 Sch. 9 paras. 16C-16F inserted (6.4.2011) by The Pension Protection Fund (Pension Compensation Sharing and Attachment on Divorce etc) Regulations 2011 (S.I. 2011/731), regs. 1(1), 35

16D E+W+S A determination by the Board that any right of a person to PPF compensation is or is not “shareable” for the purposes of Chapter 1 of Part 3 of the Pensions Act 2008 (pension compensation sharing on divorce).

Textual Amendments

F5 Sch. 9 paras. 16C-16F inserted (6.4.2011) by The Pension Protection Fund (Pension Compensation Sharing and Attachment on Divorce etc) Regulations 2011 (S.I. 2011/731), regs. 1(1), 35

16E E+W+S A determination by the Board that the implementation period for a pension compensation credit (within the meaning of that Chapter) is or is not extended for the purposes of section 114 of that Act.

Textual Amendments

F5 Sch. 9 paras. 16C-16F inserted (6.4.2011) by The Pension Protection Fund (Pension Compensation Sharing and Attachment on Divorce etc) Regulations 2011 (S.I. 2011/731), regs. 1(1), 35

16F E+W+S The recovery of a charge from a person under regulation 18 of the Pension Protection Fund (Pension Compensation Sharing and Attachment on Divorce etc) Regulations 2011, the amount of the charge or the method of recovery.]

Textual Amendments

F5 Sch. 9 paras. 16C-16F inserted (6.4.2011) by The Pension Protection Fund (Pension Compensation Sharing and Attachment on Divorce etc) Regulations 2011 (S.I. 2011/731), regs. 1(1), 35

17 E+W+S Any failure by the Board to make a payment required by section 163(4)(b) (adjustments to be made where Board assumes responsibility for a scheme).

Commencement Information

I17 Sch. 9 para. 17 in force at 6.4.2005 by S.I. 2005/275, art. 2(7), Sch. Pt. 7

[F6 17A E+W+S The making of a payment under section 166(2) (amount of any pensions or other benefits which a person had become entitled to payment of under the scheme rules), the amount of any such payment or the failure to make such a payment.]

Textual Amendments

F6 Sch. 9 para. 17A inserted (6.4.2005) by The Pension Protection Fund (Reviewable Matters) Regulations 2005 (S.I. 2005/600), regs. 1(1), 4(b)

[F7 17B E+W+S Any determination made by the Board under regulation 16(2) or (5)(b) of the Pension Protection Fund (General and Miscellaneous Amendments) Regulations 2006 (S.I.2006/580) (recovery of PPF compensation overpayments).]

Textual Amendments

F7 Sch. 9 para. 17B inserted (6.4.2006) by The Pension Protection Fund (Reviewable Matters and Review and Reconsideration of Reviewable Matters) (Amendment) Regulations 2006 (S.I. 2006/685), regs. 1(1), 2(c)

18 E+W+S Any determination by the Board under section 181(3)(a) (the eligible schemes in respect of which the initial levy or the pension protection levy is imposed) or the failure to make such a determination.

Commencement Information

I18 Sch. 9 para. 18 in force at 6.4.2005 by S.I. 2005/275, art. 2(7), Sch. Pt. 7

19 E+W+S The amount of the initial levy or any pension protection levy payable in respect of an eligible scheme determined by the Board under section 181(3)(b).

Commencement Information

I19 Sch. 9 para. 19 in force at 6.4.2005 by S.I. 2005/275, art. 2(7), Sch. Pt. 7

[F8 19A. E+W+S Any determination by the Board of an application for the grant of a waiver under regulation 3 of the Pension Protection Fund (Waiver of Pension Protection Levy and Consequential Amendments) Regulations 2007 (S.I. 2007/771) (waiver of payment of the pension protection levy) or the failure to make such a determination.]

Textual Amendments

F8 Sch. 9 para. 19A inserted (30.3.2007) by The Pension Protection Fund (Waiver of Pension Protection Levy and Consequential Amendments) Regulations 2007 (S.I. 2007/771), regs. 1(2), 8

[F9 19B. E+W+S Any determination by the Board under regulation 19A(7) or (8) of the Pension Protection Fund (General and Miscellaneous Amendments) Regulations 2006 (S.I. 2006/580) (interest for late payment of the pension protection levy) to waive interest or the failure to make any such determination.]

Textual Amendments

F9 Sch. 9 para. 19B inserted (1.4.2010) by The Pension Protection Fund (Miscellaneous Amendments) Regulations 2010 (S.I. 2010/560), regs. 1(2)(a), 2

20 E+W+S The making of a fraud compensation payment under section 182(1), the amount of any such payment or the failure to make such a payment.

Commencement Information

I20 Sch. 9 para. 20 in force at 1.9.2005 by S.I. 2005/1720, art. 2(16), Sch. Pt. 3 (with art. 4)

21 E+W+S The issue of, or failure to issue, a notice under section 183(2) (scheme rescue not possible or having occurred in case of scheme which is not eligible etc).

Commencement Information

I21 Sch. 9 para. 21 in force at 1.9.2005 by S.I. 2005/1720, art. 2(16), Sch. Pt. 3 (with art. 4)

22 E+W+S Any settlement date determined by the Board under section 184(2) (recovery of value) or the failure to determine a settlement date under that provision.

Commencement Information

I22 Sch. 9 para. 22 in force at 1.9.2005 by S.I. 2005/1720, art. 2(16), Sch. Pt. 3 (with art. 4)

23 E+W+S Any determination by the Board under section 184(4) (recovery of value: whether amount received in respect of particular act or omission) or the failure to make such a determination.

Commencement Information

I23 Sch. 9 para. 23 in force at 1.9.2005 by S.I. 2005/1720, art. 2(16), Sch. Pt. 3 (with art. 4)

24 E+W+S The making of a payment under section 186(1) (interim payments), the amount of any such payment or the failure to make such a payment.

Commencement Information

I24 Sch. 9 para. 24 in force at 1.9.2005 by S.I. 2005/1720, art. 2(16), Sch. Pt. 3 (with art. 4)

25 E+W+S Any term or condition imposed by the Board—

(a) under section 185(2) on the making of a fraud compensation payment, or

(b) under subsection (4) of section 186 (interim payments) on the making of a payment under subsection (1) of that section.

Commencement Information

I25 Sch. 9 para. 25 in force at 1.9.2005 by S.I. 2005/1720, art. 2(16), Sch. Pt. 3 (with art. 4)

26 E+W+S Any determination by the Board under section 186(3)(b) (interim payments) that the amount of a payment was excessive.

Commencement Information

I26 Sch. 9 para. 26 in force at 1.9.2005 by S.I. 2005/1720, art. 2(16), Sch. Pt. 3 (with art. 4)

27 E+W+S Any date determined by the Board under section 187(4) (earliest date for making a fraud compensation transfer payment).

Commencement Information

I27 Sch. 9 para. 27 in force at 6.4.2010 by S.I. 2010/443, art. 2(4)

28 E+W+S Any determination by the Board under section 187(6) (fraud compensation transfer payments: whether payment is received in respect of particular act or omission).

Commencement Information

I28 Sch. 9 para. 28 in force at 6.4.2010 by S.I. 2010/443, art. 2(4)

29 E+W+S Any determination by the Board under section 189(7)(a) (occupational pension schemes in respect of which any fraud compensation levy is imposed) or the failure to make such a determination.

Commencement Information

I29 Sch. 9 para. 29 in force at 1.9.2005 by S.I. 2005/1720, art. 2(16), Sch. Pt. 3 (with art. 4)

30 E+W+S The amount of any fraud compensation levy payable in respect of an occupational pension scheme determined by the Board under section 189(7)(b).

Commencement Information

I30 Sch. 9 para. 30 in force at 1.9.2005 by S.I. 2005/1720, art. 2(16), Sch. Pt. 3 (with art. 4)