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    Pensions Act 2004

    2004 CHAPTER 35

    Commentary on Sections

    Part 1 – the Pensions Regulator

    The Pensions Regulator Tribunal

    Section 106: Legal assistance scheme

    329.This section enables the Lord Chancellor to establish, by regulations, a scheme providing legal assistance for cases which go to the Tribunal. This provision does not extend to Scotland (see section 323(3)(extent)).

    330.The legal assistance scheme may make provision for-

    • the kinds of legal assistance that may be provided;

    • the persons by whom legal assistance may be provided;

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

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

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

    • appeals against refusals of applications; the revocation or variation of decisions; and

    • its administration and the enforcement of its provisions.

    331.The conditions placed on the legal assistance provided may require the recipient of the aid to make a contribution.

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