Pensions Act 2004 Explanatory Notes

Pensions Act 2004

2004 CHAPTER 35

Commentary on Sections

Part 2 – the Board of the Pension Protection Fund

Chapter 6 – Reviews, Appeals and Maladministration

Review etc by the Board

Section 206: Meaning of “reviewable matters”

730. Subsection (1) provides that references in Chapter 6 of the Act to ‘reviewable matters’ means a matter mentioned in Schedule 9. For example, the issue by the PPF Board of a determination notice under section 123 is listed in Schedule 9.

731. Subsection (2) allows regulations to provide that reference in Schedule 9 to a “failure” is to be read as the Board’s failure to do an act, or to make a determination within a prescribed period. Regulations may also provide that reference in Schedule 9 to a “failure” is to be read as not including a failure which first occurs after a prescribed time.

732. Regulations under subsection (3) may suspend the effect of any determination, direction or other act or notice of the Board which relates to a “reviewable matter”, until all reviews, reconsiderations, references to the PPF Ombudsman and appeals against his determination have been disposed of and all time limits for requesting reviews have expired.

733. Subsection (4) provides for regulations to add reviewable matters to, or delete them from, Schedule 9. Subsection (5) provides that regulations under subsection (4) can make consequential modifications to this Part.