Exclusions from jurisdictionE+W+S

4.—[F1(1) The Pensions Ombudsman shall not investigate or determine any complaint or dispute which can be [F2(and is in fact)]dealt with under the compulsory jurisdiction of the ombudsman scheme provided for by Part 16 of the Financial Services and Markets Act 2000, other than a complaint or dispute relating to the management of a personal pension scheme.]

(2) For the purposes of the investigation or determination of any complaint or dispute, the Pensions Ombudsman shall not make any findings of fact to the effect that a person responsible for the management of an occupational pension scheme has failed to comply with the requirements under the following provisions of the 1995 Act—

F3(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)sections 37 and 76 (payment of surplus or excess assets to the employer),

(c)section 40 (restriction on employer related investments),

(d)section 47(1)(a) and (b) (requirement to appoint professional advisers),

(e)section 49 (requirement to keep books and records),[F4and]

F5(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g)sections 87 and 88 (requirement for money purchase schemes to keep schedules of payments).

[F6or the requirements under Part 3 (scheme funding) and sections 241 to 243 (requirements for member-nominated trustees and directors) of the Pensions Act 2004.]

Textual Amendments