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

Conduct of investigation: general E+W+S

7.—(1) For the purposes of investigating a reference of a reviewable matter made to him, the PPF Ombudsman may consider any evidence before him.

(2) The PPF Ombudsman may—

(a) conduct an oral hearing in relation to the reference;

(b) investigate the reference on the basis of written evidence before him without holding an oral hearing;

(c) consider evidence relating to the reference which was not before the Board or the Reconsideration Committee;

(d) refer any question which arises out of the reference to a person who, in the PPF Ombudsman's opinion, is able to provide an expert opinion in relation to that question; and

(e) without prejudice to his powers under regulation 17, where references are made on the same or substantially the same grounds and are supported by the same or substantially the same evidence, deal together with any issues arising in respect of two or more references made to him if those issues are the same or substantially the same.

(3) The PPF Ombudsman may by notice in writing require any person who, in the PPF Ombudsman's opinion, is able to produce documents necessary for the purposes of the investigation, to produce such documents in such manner, at such place and within such period as is specified in the notice.

(4) But no person can be compelled for the purposes of any investigation or determination to give evidence or produce any document which he could not be compelled to give or produce in civil proceedings before the court.

(5) In paragraph (4), “the court” means—

(a) in England and Wales, a county court; and

(b) in Scotland, the sheriff.

(6) Subject to the provisions of this regulation and to any provision to the contrary in these Regulations, the procedure for conducting an investigation of a reference of a reviewable matter made to the PPF Ombudsman is such as the PPF Ombudsman considers appropriate in the circumstances of the case and, in particular, he may—

(a) obtain information from such persons and in such manner;

(b) make such inquiries; and

(c) give such directions as to the conduct of any oral hearing,

as he thinks fit.