C5C4C6C7Part 2The Board of the Pension Protection Fund

Annotations:
Modifications etc. (not altering text)
C7

Pt. 2 applied in part (24.7.2014) by The Pensions Act 2011 (Transitional, Consequential and Supplementary Provisions) Regulations 2014 (S.I. 2014/1711), regs. 1(1), 42(1), 53, 57 (with regs. 6, 41, 44(1), 47(1), 69(2), 72(1), 76(1)); coming into force immediately after s. 29 of 2011 c. 19 - see S.I. 2014/1683, art. 2

C2C1C3Chapter 6Reviews, appeals and maladministration

Annotations:
Modifications etc. (not altering text)
C2

Pt. 2 modified in part (9.3.2005 for specified purposes, 1.4.2005 for specified purposes, 6.4.2005 in so far as not already in force (except ch. 4)) by The Pension Protection Fund (Multi-employer Schemes) (Modification) Regulations 2005 (S.I. 2005/441), regs. 1, 2-60, 71, 72

C1

Pt. 2 modified (8.3.2005 for specified purposes, 6.4.2005 in so far as not already in force) by The Pension Protection Fund (Partially Guaranteed Schemes) (Modification) Regulations 2005 (S.I. 2005/277), regs. 1(1), 2-11

C3

Pt. 2 applied in part (with modifications) (20.7.2005 for specified purposes, 1.9.2005 for specified purposes, 5.12.2005 for specified purposes) by The Financial Assistance Scheme Regulations 2005 (S.I. 2005/1986), regs. 1(1), 4, Sch. 1

References to the PPF Ombudsman

214Investigation by PPF Ombudsman of complaints of maladministration

I11

Regulations must provide for the investigation and determination by the PPF Ombudsman of such matters as may be prescribed following decisions on relevant complaints given by the Board or the committee of the Board referred to in section 208(3)(b) under regulations made under that section.

2

Regulations under this section must make provision—

I1a

prescribing the descriptions of person who may refer matters to the PPF Ombudsman under the regulations,

I1b

about the manner in which such references may be made, including the times by which they are to be made,

I1c

about the procedure for conducting investigations, and reaching and giving determinations, on such references, including the times by which the determinations are to be given,

I1d

about the powers of the PPF Ombudsman on making such determinations, including—

i

the power to direct the Board to pay such compensation as he considers appropriate to such persons as he considers have sustained injustice in consequence of the matters complained of, and

ii

the power to direct the Board to take or refrain from taking such other steps as he may specify,

I1e

conferring such powers on the Board as are necessary to comply with such requirements,

I1f

for prescribed persons to be notified of—

i

references to the PPF Ombudsman under the regulations, and

ii

determinations and directions by the PPF Ombudsman under the regulations,

I1g

conferring rights on prescribed persons—

i

to make representations to the PPF Ombudsman in relation to a matter referred to him by virtue of this section,

ii

to be heard or represented at any oral hearing by the PPF Ombudsman in relation to such a matter,

I1h

about the consideration of evidence by the PPF Ombudsman, including—

i

production of documents,

ii

oral hearings,

iii

expert evidence,

iv

attendance of witnesses,

I1i

conferring rights on prescribed persons to continue a reference made by a person who has died or is otherwise unable to act for himself,

I1j

as to the costs or expenses of prescribed persons,

k

conferring rights on prescribed persons to apply for a stay (or in Scotland, for a sist) in relation to prescribed legal proceedings which begin after the reference is made and conferring power on the relevant court to make an order staying (or sisting) the proceedings if it is satisfied of prescribed matters, and

I1l

for securing that any determination or direction of the PPF Ombudsman under the regulations is binding on prescribed persons.