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

Exclusions from jurisdiction

4.—(1) The Pensions Ombudsman shall not investigate or determine any complaint or dispute which can be investigated by, or under arrangements made by—

(a) an organisation which is a recognised self-regulating organisation for the purposes of section 10 of the Financial Services Act 1986(1) (grant of recognition by the Secretary of State), or

(b) a designated agency for the purposes of section 114 of the Financial Services Act 1986(2) (power of Secretary of State to transfer functions to a designated agency),

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—

(a) sections 16 to 21 (requirement for member nominated trustees),

(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),

(f) sections 56 to 61 (the minimum funding requirement and schedules of contributions), and

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

(1)

1986 c. 60. Recognition Orders relevant for these purposes have been made in relation to the Investment Management Regulatory Organisation, the Financial Intermediaries Managers and Brokers Association, the Life Assurance and Unit Trust Regulatory Organisation, the Securities and Futures Authority and the Personal Investment Authority. A certified copy of the register entry relating to any of these recognitions may be obtained from the Securities and Investments Board under section 103(5) of the Financial Services Act 1986.

(2)

See the Financial Services Act 1986 (Delegation) Order 1987 (S.I. 1987/942) as amended by article 4 of S.I. 1991/200.