The Personal and Occupational Pension Schemes (Pensions Ombudsman) Regulations 1991

Explanatory Note

(This note is not part of the Regulations)

These Regulations are made under subsections 59C(3) and (5) of the Social Security Pensions Act 1975 (“the Pensions Act”) as inserted by Schedule 3 to the Social Security Act 1990.

The Regulations make provision in relation to the Pensions Ombudsman established under section 59B(1) of that Act.

Regulation 2 makes provision for the extension of the Ombudsman’s jurisdiction to the employer in relation to an occupational pension scheme.

Regulation 3 excludes from the jurisdiction of the Pensions Ombudsman a complaint or dispute relating to the armed forces pension scheme in a case where there is a right to make a complaint to the Defence Council, disputes of fact or law in respect of public service schemes (other than the National Health Service Superannuation Scheme for England and Wales) and certain complaints and disputes which can be investigated by, or under arrangements made by, a recognised self-regulating organisation or a designated agency under the Financial Services Act 1986.

Regulation 4 makes provision as to the time limits for bringing a case to the Pensions Ombudsman.

These Regulations, except in so far as they are made under the powers in section 59C(5) of the Social Security Pensions Act 1975 are made before the expiry of 6 months from the coming into force of the provisions under which they are made; they are accordingly exempt by section 61(5) of that Act from reference to the Social Security Advisory Committee and have not been so referred.