The Pension Protection Fund (Reference of Reviewable Matters to the PPF Ombudsman) Regulations 2005

Costs and expenses E+W+S

15.—(1) Where, under regulation 7(2)(d), the PPF Ombudsman refers a question which arises out of a reference of a reviewable matter made to him to a person who, in his opinion, is able to provide an expert opinion in relation to that question, the PPF Ombudsman may pay that person such amount as he considers reasonable in respect of costs or expenses reasonably incurred by that person in connection with that referral.

(2) Where an oral hearing is held, the PPF Ombudsman may pay—

(a) the applicant;

(b) any person notified of the reference under regulation 5(1)(b);

(c) any witness who has been requested to attend the hearing and give evidence;

(d) any person to whom notice of the hearing was sent under regulation 11(2)(c); or

(e) any person appointed under regulation 11(4)(c),

such amount as the PPF Ombudsman considers reasonable in respect of costs or expenses reasonably incurred by that person, with the prior approval of the PPF Ombudsman, in connection with the person's attendance at the hearing.

(3) Where an oral hearing is held and the PPF Ombudsman is of the opinion that—

(a) the applicant, the Board, any person notified of the reference under regulation 5(1)(b) or any person to whom notice of the hearing was sent under regulation 11(2)(c) acted vexatiously;

(b) the conduct of the applicant in making or pursuing the reference was unreasonable; or

(c) the conduct of the Board in opposing the reference was unreasonable,

he may direct the person who acted, as the case may be, vexatiously or unreasonably to pay any such person as is mentioned in paragraph (2)(a) to (e) such amount as the PPF Ombudsman considers is reasonable in respect of the costs and expenses reasonably incurred by that person, with the prior approval of the PPF Ombudsman, in connection with that person's attendance at the hearing.

(4) A direction may be given to the applicant under paragraph (3) despite the fact that he has withdrawn the reference.

(5) The PPF Ombudsman shall not make a direction to a person under paragraph (3) without first giving that person an opportunity to make representations.