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

Reaching and giving determinations and consequential directions E+W+S

16.—(1) If the PPF Ombudsman determines that the decision of the Reconsideration Committee in relation to a reviewable matter referred to him was reached correctly, the PPF Ombudsman must—

(a) determine that it is not appropriate for the Board to take any action in relation to the matter; and

(b) remit the matter to the Board with any directions.

(2) If the PPF Ombudsman considers that the decision of the Reconsideration Committee in relation to a reviewable matter referred to him was not reached correctly, the PPF Ombudsman—

(a) must—

(i) determine what action, if any, the Board should take in relation to the matter; and

(ii) remit the matter to the Board with directions for the Board—

(aa) to vary the determination, direction or other decision made by the Reconsideration Committee; or

(bb) to revoke and replace the determination, direction or other decision made by the Reconsideration Committee; and

(b) may direct—

(i) that—

(aa) any determination, direction or other decision which is to be made by the Board in accordance with any determination made or direction given by him; or

(bb) any variation, revocation or substitution of the determination, direction or other decision of the Reconsideration Committee which is to be made by the Board in accordance with any determination made or direction given by him,

is to be treated as if it were made at such time (which may be at a time prior to his determination or direction) as he considers appropriate;

(ii) that any notice varied, substituted, issued or given by the Board in accordance with any determination made or direction given by him is to be treated as if—

(aa) it were issued or given at such time (which may be a time prior to his determination) as he considers appropriate;

(bb) it became binding for the purposes of Part 2 of the Act (the Board of the Pension Protection Fund) at the time at which he makes his determination or gives his direction or at such later time as he considers appropriate;

(iii) the Board—

(aa) to pay such compensation as he considers appropriate to such persons as he considers appropriate;

(bb) to take or refrain from taking such other steps as he may specify.

(3) The determination and directions must be in writing and must include—

(a) a statement of the reasons for them;

(b) an explanation as to whether and, if so, to what extent the Board is directed to—

(i) vary or revoke a determination, direction or other decision previously made by the Reconsideration Committee;

(ii) revoke such a determination, direction or other decision and replace it with a different determination, direction or other decision; and

(c) a statement of any legislation relied on by the PPF Ombudsman in reaching the determination.

(4) The PPF Ombudsman must—

(a) give notice of the determination and directions to each party to the reference; and

(b) notify the following persons of the determination and directions in such form and manner as he considers appropriate—

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

(ii) any person to whom he has directed that compensation is to be paid.

(5) Subject to section 217 of the Act (determinations of the PPF Ombudsman), the determination and directions are final and binding on—

(a) the persons to whom notice or notification is given under paragraph (4)(a) or (b);

(b) any interested person as interpreted in accordance with regulations made under section 207(1)(b) (review and reconsideration of reviewable matters) of the Act.

(6) The Board has the power to do anything that the PPF Ombudsman directs under this regulation.

(7) The Board's power—

(a) under section 191 of the Act (notices requiring provision of information); and

(b) under regulations made under section 207(1) of the Act,

shall apply for the purposes of dealing with any matter remitted to it.

(8) If the Board is directed under this regulation to—

(a) vary a determination, direction or other decision previously made by the Reconsideration Committee; or

(b) replace such a determination or direction or other decision with a different determination direction or other decision,

it must send a copy of the varied or replacement determination, direction or other decision to the applicant, the PPF Ombudsman and any person notified of the reference under regulation 5(1)(b).