75.—(1) The adjudicator must give written notice of a decision under regulation 74 (applications for adjudication of disagreements) to—
(a)the applicant;
(b)the Scheme employer; and
(c)if the Scheme employer is not an administering authority, to the appropriate administering authority
before the expiry of two months beginning with the date on which the application was received.
(2) But if no such notice is given before the expiry of that period, an interim reply must immediately be sent to the persons mentioned in paragraph (1)(a) to (c) setting out—
(a)the reasons for the delay; and
(b)an expected date for giving the decision (“the expected decision date”).
(3) A notice under paragraph (1) must include—
(a)a statement of the decision;
(b)a reference to any legislation on which the adjudicator relied;
(c)in a case where the disagreement relates to the exercise of a discretion, a reference to the provisions of these Regulations conferring the discretion;
(d)a reference to the right of the applicant to refer the disagreement for reconsideration by the appropriate administering authority under regulation 76 (reference of adjudications to administering authority) and to the time within which the applicant may do so; and
(e)a statement that the [F1Money and Pensions Service] is available to give assistance in connection with any difficulty with the Scheme that remains unresolved including the address at which it may be contacted.
(4) A decision under paragraph (1) takes effect as a decision of the Scheme employer or administering authority, as the case may be, except where the matter concerns the exercise of a discretion, in which case, if the adjudicator does not uphold the decision, the matter must be referred back to the body which made the decision under adjudication for reconsideration or, where that body would have been the Scheme employer but that body is no longer a Scheme employer, to the appropriate administering authority.
Textual Amendments
F1Words in reg. 75(3)(e) substituted (6.4.2019) by The Financial Guidance and Claims Act 2018 (Naming and Consequential Amendments) Regulations 2019 (S.I. 2019/383), reg. 1(1), Sch. para. 21(a)
Modifications etc. (not altering text)
C1Regs. 72-80 applied (1.4.2014) by The Local Government Pension Scheme (Transitional Provisions, Savings and Amendment) Regulations 2014 (S.I. 2014/525), regs. 1(3), 23