The Pensions Ombudsman (Disclosure of Information) (Amendment of Specified Persons) Order 2005

Statutory Instruments

2005 No. 2743

PENSIONS

The Pensions Ombudsman (Disclosure of Information) (Amendment of Specified Persons) Order 2005

Made

5th October 2005

Laid before Parliament

11th October 2005

Coming into force

1st November 2005

The Secretary of State for Work and Pensions, in exercise of the powers conferred upon him by section 149(7)(a) of the Pension Schemes Act 1993(1), and of all other powers enabling him in that behalf, hereby makes the following Order:

Citation and commencement

1.  This Order may be cited as the Pensions Ombudsman (Disclosure of Information) (Amendment of Specified Persons) Order 2005 and shall come into force on 1st November 2005.

Amendment of section 149(6) of the Pension Schemes Act 1993

2.  In subsection (6) of section 149 of the Pension Schemes Act 1993(2) (procedure on an investigation by the Pensions Ombudsman: persons to whom information may be disclosed), after paragraph (n), there shall be added—

“(o) a body corporate established in accordance with paragraph 2(1) of Schedule 17 to the Financial Services and Markets Act 2000(3) (the scheme operator of the ombudsman scheme);

(p) an ombudsman as defined in paragraph 1 of that Schedule (interpretation).”.

Signed by authority of the Secretary of State for Work and Pensions.

Stephen C. Timms

Minister of State,

Department for Work and Pensions

5th October 2005

Explanatory Note

(This note is not part of the Order)

This Order amends section 149(6) of the Pensions Schemes Act 1993 (c. 48) by adding to the list of persons to whom the Pensions Ombudsman may disclose any information which he obtains for the purposes of an investigation, if he considers that the disclosure would enable or assist that person to discharge any of his functions. The persons added to the list are the body corporate which operates the Financial Ombudsman Service, and any ombudsman of that service.

A regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of business.

(1)

1993 c. 48. Subsection (7) of section 149 was inserted by section 159(1) of the Pensions Act 1995 (c. 26).

(2)

Subsection (6) was inserted by section 159(1) of the Pensions Act 1995, and was amended by section 23(1) of, and paragraph 69(2) of Schedule 5 to, the Bank of England Act 1998 (c. 11); article 123(a), (b) and (c) of S.I. 2001/3649; and paragraph 25 of Schedule 12, and Schedule 13, to the Pensions Act 2004 (c. 35).

(3)

2000 c. 8.