http://www.legislation.gov.uk/uksi/1996/2475/contents

The Personal and Occupational Pension Schemes(Pensions Ombudsman) Regulations 1996

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PENSIONS

2023-12-19

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2014-01-01

These Regulations revoke and replace the Personal and Occupational Pension Schemes (Pensions Ombudsman) Regulations 1991 as amended.Regulation 1 provides for citation, commencement and interpretation.Regulation 2 extends the Pensions Ombudsman’s jurisdiction to complaints between actual or potential beneficiaries and the administrators of occupational and personal pension schemes.Regulation 3 excludes, in certain circumstances, from the jurisdiction of the Pensions Ombudsman cases which have not first been subject to the internal dispute resolution procedures of an occupational pension scheme.Regulation 4 excludes from the jurisdiction of the Pensions Ombudsman certain complaints or 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 also precludes the Pensions Ombudsman from making findings of fact in respect of matters regarding which the Occupational Pensions Regulatory Authority has the jurisdiction to impose sanctions under Part I of the Pensions Act 1995.Regulation 5 prescribes the time limits for making a complaint or referring a dispute to the Pensions Ombudsman.Regulation 6 prescribes the rate of interest to be applied by the Pensions Ombudsman for the purposes of section 151A of the Pension Schemes Act 1993.Regulation 7(1) revokes the Personal and Occupational Pension Schemes (Pensions Ombudsman) Regulations 1991 and the Personal and Occupational Pension Schemes (Pensions Ombudsman) Amendment Regulations 1996. Regulation 7(2) revokes paragraph 32 of Schedule 2 to the Occupational and Personal Pension Schemes (Miscellaneous Amendments) Regulations 1994.Regulation 8 provides a saving.The Occupational Pensions Board have agreed that proposals to make these Regulations should not be referred to them.An assessment of the compliance cost to business of the measures arising from the Pensions Act 1995, including these Regulations, has been placed in the libraries of both Houses of Parliament. Copies can be obtained by post from the Department of Social Security, 11th Floor, Adelphi, 1-11 John Adam Street, London WC2N 6HT.

The Personal and Occupational Pension Schemes(Pensions Ombudsman) Regulations 1996

1Citation, commencement and interpretation

1APersons entitled to benefits to be regarded as members for the purposes of section 146(7) of the 1993 Act

2 Jurisdiction in relation to administrators

3 Exclusion from jurisdiction: Use of internal disputes procedure

4 Exclusions from jurisdiction

5 Time limit for making complaints and referring disputes

6 Payment of interest on late paid benefit

7Revocations

8 Saving

1996 No. 2475

PENSIONS

The Personal and Occupational Pension Schemes(Pensions Ombudsman) Regulations 1996

Made25th September 1996

Laid before Parliament2nd October 1996

Coming into force6th April 1997

The Secretary of State for Social Security, in exercise of the powers conferred by sections 146(4) and (6)(b) and (c), 151A, 181(1) and 182(2) and (3) of the Pension Schemes Act 1993M1, and of all other powers enabling him in that behalf, after agreement by the Occupational Pensions Board that proposals to make these Regulations should not be referred to themM2, by this instrument, which contains regulations which are consequential upon sections 157 and 160 of the Pensions Act 1995, hereby makes the following Regulations:

Annotations:

Marginal Citations

1993 c. 48 . Section 146 was amended by section 157(2) and (3) of the Pensions Act 1995 (c. 26) . Section 151A was inserted by section 160 of the Pensions Act 1995. Section 181(1) is cited because of the meaning ascribed to “prescribe" and “regulations".

See section 185(6) of the Pension Schemes Act 1993 (c. 48) and section 173(1) of the Social Security Administration Act 1992 (c. 5) which states that the requirement to refer proposals to make regulations under Part X of the Pension Schemes Act 1993 to the Occupational Pensions Board shall not apply in any case where the Board agrees that such proposals shall not be referred to them.