The Occupational Pension Schemes (Fraud Compensation Payments and Miscellaneous Amendments) Regulations 2005

Regulation 21

SCHEDULE 1 Amendment of the Reviewable Matters Regulations

“Column 1	Column 2
Paragraph of Schedule 9 to the Act which specifies the failure	Prescribed period
17.   Paragraph 20	17.   The period beginning with the 22nd day after the settlement date as determined by the Board under section 184(2) until the Board makes fraud compensation payments under section 182(1).
18.   Paragraph 21	18.   In respect of a notice under— (a) section 183(2)(a) (scheme rescue is not possible) the period beginning with the 15th day after the Board is able to confirm, in accordance with section 183(2)(a), that a scheme rescue is not possible until the Board issues a notice under section 183(2); (b) section 183(2)(b) (scheme rescue has occurred) the period beginning with the 15th day after the Board is able to confirm, in accordance with section 183(2)(a), that a scheme rescue has occurred until the Board issues a notice under section 183(2).
19.   Paragraph 22	19.   The period beginning with the 15th day after the date when the conditions set out in section 182(1) have been satisfied and further recoveries of value, within the meaning of section 184(3), are unlikely, until the Board determines the settlement date under section 184(2).
20.   Paragraph 23	20.   The period beginning with the 22nd day after the trustees or managers of the scheme have notified the Board that a payment has been received until the Board reaches a determination under section 184(4) that the payment may be treated as a recovery of value.
21.   Paragraph 24	21.   The period beginning with the 15th day after the Board has sufficient information for it to be satisfied that the case is one to which section 186(1) applies, or may apply, and the trustees or managers of the scheme are not able to pay prescribed benefits under the scheme rules until the Board makes an interim payment under section 186(1) in respect of the application under section 182(1).
22.   Paragraph 31(1)	22.   The period beginning with the 22nd day after the Board has sufficient information to make a determination of any question which was within the functions of the Pensions Compensation Board under sections 81 to 84 of the Pensions Act 1995 until the Board makes the determination.”.

Regulation 22

SCHEDULE 2 Amendment of the Review and Reconsideration Regulations

“Provision of Schedule 9 to the Act which specifies the reviewable matter	Interested Person
20.   Paragraph 20	20.— (a) the trustees or managers of the scheme in respect of which an application has been made under section 182(1)(d); or (b) any other person prescribed in regulations made under section 182(5)(a), if the application under section 182(1)(d) was made by that person.
21.   Paragraph 21	21.— (a) the trustees or managers of the scheme in respect of which an application has been made under section 182(1)(d); or (b) any other person prescribed in regulations made under section 182(5)(a), if the application under section 182(1)(d) was made by that person.
22.   Paragraph 22	22.— (a) the trustees or managers of the scheme in respect of which an application has been made under section 182(1)(d); or (b) any other person prescribed in regulations made under section 182(5)(a), if the application under section 182(1)(d) was made by that person.
23.   Paragraph 23	23.— (a) the trustees or managers of the scheme in respect of which an application has been made under section 182(1)(d); or (b) any other person prescribed in regulations made under section 182(5)(a), if the application under section 182(1)(d) was made by that person.
24.   Paragraph 24	24.— (a) the trustees or managers of the scheme in respect of which an application has been made under section 182(1)(d); or (b) any other person prescribed in regulations made under section 182(5)(a), if the application under section 182(1)(d) was made by that person.
25.   Paragraph 25	25.— (a) the trustees or managers of the scheme in respect of which an application has been made under section 182(1)(d); or (b) any other person prescribed in regulations made under section 182(5)(a), if the application under section 182(1)(d) was made by that person.
26.   Paragraph 26	26.— (a) the trustees or managers of the scheme in respect of which an application has been made under section 182(1)(d); or (b) any other person prescribed in regulations made under section 182(5)(a), if the application under section 182(1)(d) was made by that person.
27.   Paragraph 29	27.   Any of the persons specified in section 189(3) or by regulations made under that section.
28.   Paragraph 30	28.   Any of the persons specified in section 189(3) or by regulations made under that section.
29.   Paragraph 31	29.   Any of the persons specified in section 82(1) of the Pensions Act 1995.”.

Regulation 23(5)

SCHEDULE 3 Amendment of the Information Regulations

After Schedule 1 to the Information Regulations insert as Schedule 1A the following—

Regulation 3(7) and (8)

“SCHEDULE 1A Further information to be provided by the Board

In this Schedule the “applicant” shall be construed in accordance with regulation 3(7) or (8), as appropriate.

Description of persons to whom information is to be provided	Description of information the Board must provide	Period during which the Board must provide information
Trustees or Managers and applicant.	Notification of the settlement date determined by the Board under section 184(2).	The period of 14 days beginning on the day on which the Board determined the settlement date.
Trustees or Managers and applicant.	Notification of the Board’s determination that a payment received is to be treated as a payment in respect of any act or omission constituting a prescribed offence under section 182(1).	The period of 14 days beginning on the day on which the Board made that determination.
Trustees or Managers and applicant.	Notification of the Board’s determination of the terms and conditions on which an interim payment will be made under section 186.	The period of 14 days beginning on the day on which the Board determined to make the payment.
Trustees or Managers and applicant.	Notification of the Board’s determination to recover so much of the interim payment as it considers appropriate.	The period of 14 days beginning on the day on which the Board determined to seek the recovery.
Trustees or Managers and applicant.	Notification of the Board’s determination of the terms and conditions on which a fraud compensation payment will be made under section 182(1).	The period of 14 days beginning on the day on which the Board determined to make the payment.
Trustees or Managers and applicant.	Notification of the Board’s determination under section 186(3) to recover any interim payments made and of the amount it considers appropriate to recover.	The period of 14 days beginning with the day on which the Board made that determination.
Trustees or Managers and applicant.	Notification of the settlement date under section 81(3)(d) of the 1995 Act determined by the Board.	The period of 14 days beginning on the day on which the Board determined the settlement date.
Trustees or Managers and applicant.	Notification by the Board that a payment received is to be treated as a payment in respect of any act or omission constituting a prescribed offence under section 81(1)(c) of the 1995 Act.	The period of 14 days beginning on the day on which the Board made that determination.
Trustees or Managers and applicant.	Notification of the Board’s determination of the terms and conditions on which a payment in anticipation will be made under section 84 of the 1995 Act.	The period of 14 days beginning on the day on which the Board determined to make the payment.
Trustees or Managers and applicant.	Notification of the Board’s determination to recover so much of the payment in anticipation made under section 84 of the 1995 Act as it thinks appropriate.	The period of 14 days beginning on the day on which the Board determined to seek the recovery.
Trustees or Managers and applicant.	Notification of the Board’s determination of the terms and conditions on which a compensation payment will be made under section 83 of the 1995 Act.	The period of 14 days beginning on the day on which the Board determined to make the payment.”.

(1)

Paragraph 31 was inserted, for the purpose of transitional arrangements, by article 4 of S.I. 2005/1720 (C.73).