Part 1The Pensions Regulator

The Determinations Panel

10Functions exercisable by the Determinations Panel

1

The Determinations Panel is to exercise on behalf of the Regulator—

a

the power to determine, in the circumstances described in subsection (2), whether to exercise a reserved regulatory function, and

b

where it so determines to exercise a reserved regulatory function, the power to exercise the function in question.

2

Those circumstances are—

a

where the Regulator considers that the exercise of the reserved regulatory function may be appropriate, or

b

where an application is made under, or by virtue of, any of the provisions listed in subsection (6) for the Regulator to exercise the reserved regulatory function.

3

Where subsection (1) applies, the powers mentioned in that subsection are not otherwise exercisable by or on behalf of the Regulator.

4

For the purposes of this Part, a function of the Regulator is a “reserved regulatory function” if it is a function listed in Schedule 2.

5

Regulations may amend Schedule 2 by—

a

adding any function of the Regulator conferred by, or by virtue of, this or any other enactment,

b

omitting any such function, or

c

altering the description of any such function contained in that Schedule.

6

The provisions referred to in subsection (2)(b) are—

a

section 20(10) (application to permit payments out of an account that is subject to a restraining order);

b

section 26(2) (application for order validating action taken in contravention of freezing order);

c

section 41(7) (application for the issue of a revised contribution notice under section 41(9));

d

section 50(7) (application for the issue of a revised contribution notice under section 50(9));

e

section 3(3) of the Pensions Act 1995 (c. 26) (application for revocation of prohibition order);

f

section 4(5) of that Act (application for revocation of a suspension order);

g

section 7(5A) of that Act (application for appointment of a trustee under section 7(3)(a) or (c) of that Act);

h

section 29(5) of that Act (application for waiver of disqualification);

i

section 69(1) of that Act (application for order authorising modification or modifying a scheme);

j

section 71A(2) of that Act (application for modifying a scheme to secure winding up);

k

section 99(4A) of the Pension Schemes Act 1993 (c. 48) (application for extension under section 99(4) of that Act of a period for compliance);

l

section 101J(6)(a) of that Act (application for extension under section 101J(2) of that Act of a period for compliance).

7

Regulations may amend subsection (6) by—

a

adding any provision of this or any other enactment to the list in that subsection, or

b

omitting or altering the description of any provision mentioned in that list.

8

The Panel may be authorised under paragraph 20(4) or (6) of Schedule 1 to exercise further functions of the Regulator on behalf of the Regulator.

9

The Panel may authorise any of its members or any of its sub-committees to exercise on its behalf—

a

any of the functions of the Regulator which are exercisable by the Panel on behalf of the Regulator, or

b

any of the functions of the Panel under section 93(3), section 99(11) and paragraph 18(2) of Schedule 1 (procedure).

10

This section is subject to any regulations made by the Secretary of State under paragraph 21 of Schedule 1 (power to limit or permit delegation of functions).