|
| |
|
(5) | A nomination by a member of the scheme under subsection (4)(b)— |
| |
(a) | may be made by notice in writing given by the member, |
| |
(b) | becomes effective when the notice is received by the Board, and |
| |
(c) | ceases to be effective when the Board receives a further notice from the |
| |
member withdrawing the nomination. |
| 5 |
(6) | In the case of an occupational pension scheme, section 180 does not preclude |
| |
the disclosure of restricted information by the Board if— |
| |
(a) | the disclosure is made to any of the following in relation to the |
| |
| |
(i) | a trustee or manager, |
| 10 |
(ii) | any professional adviser, |
| |
| |
(iv) | the insolvency practitioner in relation to the employer, |
| |
(b) | the information is relevant to the exercise of that person’s functions in |
| |
relation to the scheme, and |
| 15 |
(c) | the Board considers that it is reasonable in all the circumstances to |
| |
make the disclosure for the purpose of facilitating the exercise of those |
| |
| |
| |
187 | Sections 173 to 186: interpretation |
| 20 |
(1) | This section applies for the purposes of sections 173 to 186. |
| |
(2) | “Document” includes information recorded in any form, and any reference to |
| |
production of a document, in relation to information recorded otherwise than |
| |
in a legible form, is to producing a copy of the information— |
| |
(a) | in a legible form, or |
| 25 |
(b) | in a form from which it can readily be produced in a legible form. |
| |
(3) | Where the Board has assumed responsibility for a scheme— |
| |
(a) | any reference to the Board’s functions in relation to the scheme |
| |
includes a reference to the functions which it has by virtue of having |
| |
assumed responsibility for the scheme, and |
| 30 |
(b) | any reference to a trustee, manager, professional adviser or employer |
| |
in relation to the scheme is to be read as a reference to a person who |
| |
held that position in relation to the scheme before the Board assumed |
| |
| |
| 35 |
188 | Publishing reports etc |
| |
(1) | The Board may, if it considers it appropriate to do so in any particular case, |
| |
publish a report of the exercise of, or any matter arising out of or connected |
| |
with the exercise of, any of its functions in that case. |
| |
(2) | The publication of a report under subsection (1) may be in such form and |
| 40 |
manner as the Board considers appropriate. |
| |
|
| |
|
| |
|
(3) | For the purposes of the law of defamation, the publication of any matter by the |
| |
Board is privileged unless the publication is shown to be made with malice. |
| |
| |
Reviews, appeals and maladministration |
| |
| 5 |
189 | Meaning of “reviewable matters” |
| |
(1) | For the purposes of this Chapter, “reviewable matter” means a matter |
| |
| |
(2) | Regulations may provide, in relation to any reference in that Schedule to a |
| |
failure by the Board to do any act or make any determination, that the reference |
| 10 |
is to be construed as a reference to a failure by the Board to do the act or make |
| |
the determination within a prescribed period. |
| |
(3) | Regulations may amend that Schedule by— |
| |
(a) | adding to it any other description of determination, act or failure of, or |
| |
matter determined or for determination by, the Board, or |
| 15 |
(b) | removing from it any such determination, act, failure or matter for the |
| |
time being mentioned in it. |
| |
190 | Review and reconsideration by the Board of reviewable matters |
| |
| |
(a) | provide for the Board, on the written application of an interested |
| 20 |
person, to give a decision (“a review decision”) on any reviewable |
| |
| |
(b) | require a committee of the Board constituted for the purposes of this |
| |
section (the “Reconsideration Committee”), on the written application |
| |
of an interested person following a review decision, to reconsider the |
| 25 |
reviewable matter and give a decision (“a reconsideration decision”). |
| |
(2) | In subsection (1), “interested person” in relation to a reviewable matter, means |
| |
a person of a description prescribed in relation to reviewable matters of that |
| |
| |
(3) | Regulations under subsection (1) may— |
| 30 |
(a) | permit a review decision in respect of a reviewable matter of a |
| |
prescribed description to be made otherwise than on an application, |
| |
| |
(b) | permit a reconsideration decision in respect of such a matter to be made |
| |
otherwise than on an application. |
| 35 |
(4) | Regulations under subsection (1) must provide for the Board’s powers on |
| |
making a review decision or reconsideration decision to include power— |
| |
(a) | to vary or revoke the determination, direction or other decision already |
| |
made by the Board in respect of the reviewable matter, |
| |
(b) | to substitute a different determination, direction or decision, |
| 40 |
|
| |
|
| |
|
(c) | generally to deal with the matters arising on the review decision or |
| |
reconsideration decision as if they had arisen on the original |
| |
determination, direction or decision, |
| |
(d) | to pay such compensation as the Board considers appropriate to such |
| |
persons as it may determine, and |
| 5 |
(e) | to make savings and transitional provision. |
| |
(5) | Regulations under subsection (1) must include provision— |
| |
(a) | about applications under the regulations for a review decision or |
| |
reconsideration decision in respect of a reviewable matter, including |
| |
the times by which they are to be made, |
| 10 |
| |
(i) | of such applications, or |
| |
(ii) | of a decision of the Board or the Reconsideration Committee by |
| |
virtue of subsection (3) to give a review decision or reconsider a |
| |
reviewable matter otherwise than on such an application, |
| 15 |
| to be given to interested persons in relation to the matter, |
| |
(c) | with a view to securing that individuals concerned in giving a |
| |
reconsideration decision were not concerned in the reviewable matter |
| |
in respect of which the decision is to be made, |
| |
(d) | as to the procedure for reaching and giving decisions under the |
| 20 |
| |
(i) | rights of interested persons to make representations to the |
| |
Reconsideration Committee on a reconsideration under |
| |
regulations made under subsection (1)(b), and |
| |
(ii) | the times by which decisions are to be given, and |
| 25 |
(e) | requiring notice of the review decision or the reconsideration decision |
| |
in respect of a reviewable matter to be given to interested persons in |
| |
| |
(6) | Provision required by subsection (5)(c) may modify paragraphs 15 and 16 of |
| |
Schedule 5 (membership and procedure of committees of the Board). |
| 30 |
191 | Investigation by the Board of complaints of maladministration |
| |
(1) | Regulations must make provision for dealing with relevant complaints. |
| |
(2) | For the purposes of this Chapter, “relevant complaint” means a complaint— |
| |
(a) | by a person who is or might become entitled to compensation under |
| |
Schedule 7 (pension compensation provisions), or |
| 35 |
(b) | by a person who has or may make an application under section 165 |
| |
| |
| alleging that he has sustained injustice in consequence of maladministration in |
| |
connection with any act or omission by the Board or any person exercising |
| |
| 40 |
(3) | Regulations under subsection (1) must— |
| |
(a) | provide for the Board to investigate and give decisions on matters |
| |
complained of in relevant complaints, and |
| |
(b) | provide for a committee of the Board, on applications following such |
| |
decisions, to investigate matters complained of and give decisions on |
| 45 |
| |
(4) | Such regulations may, in particular, make provision— |
| |
|
| |
|
| |
|
(a) | about the making of relevant complaints and applications under the |
| |
regulations, including the times by which they are to be made, |
| |
(b) | with a view to securing that individuals concerned in giving a decision |
| |
were not concerned in the matter which is the subject of the relevant |
| |
| 5 |
(c) | as to the procedure for reaching and giving decisions under the |
| |
| |
(i) | rights of prescribed persons to make representations to the |
| |
Board, on an investigation under regulations made under |
| |
| 10 |
(ii) | the times by which decisions are to be given, and |
| |
| |
(i) | of a relevant complaint under the regulations, or |
| |
(ii) | of a decision under the regulations in respect of the complaint, |
| |
| to be given to prescribed persons in relation to the matter. |
| 15 |
(5) | Regulations under subsection (1) may confer power on the Board to pay such |
| |
compensation as it considers appropriate to such persons as it considers have |
| |
sustained injustice in consequence of the matters complained of. |
| |
(6) | The power conferred by subsection (4)(b) includes power to modify |
| |
paragraphs 15 and 16 of Schedule 5 (membership and procedure of committees |
| 20 |
| |
| |
192 | The Ombudsman for the Board of the Pension Protection Fund |
| |
(1) | There is to be a commissioner to be known as the Ombudsman for the Board of |
| |
the Pension Protection Fund (in this Act referred to as “the PPF Ombudsman”). |
| 25 |
(2) | The PPF Ombudsman is to be appointed by the Secretary of State on such terms |
| |
and conditions as are determined by the Secretary of State. |
| |
| |
(a) | is to hold and vacate office in accordance with the terms and conditions |
| |
| 30 |
(b) | may resign or be removed from office in accordance with those terms |
| |
| |
(4) | The Secretary of State may by order make provision— |
| |
(a) | about the payment, or provision for payment, of remuneration, |
| |
compensation for loss of office, pension, allowances or gratuities to or |
| 35 |
in respect of the PPF Ombudsman; |
| |
(b) | about the reimbursement of the PPF Ombudsman in respect of any |
| |
expenses incurred by him in the performance of his functions; |
| |
(c) | about the staff of the PPF Ombudsman and the provision of facilities |
| |
(including additional staff) to him; |
| 40 |
(d) | about the delegation of the functions of the PPF Ombudsman to his |
| |
staff or to any such additional staff; |
| |
(e) | authorising the PPF Ombudsman— |
| |
(i) | to charge such fees as are specified in the order; |
| |
|
| |
|
| |
|
(ii) | to charge fees sufficient to meet such costs as are specified in the |
| |
| |
(f) | conferring powers to enable the PPF Ombudsman to obtain such |
| |
information and documents as he may require for the performance of |
| |
| 5 |
(g) | about restrictions on the disclosure of information held by him. |
| |
(5) | An order under subsection (4)(e)— |
| |
(a) | may prescribe, or authorise the PPF Ombudsman to determine, the |
| |
time at which any fee is due, and |
| |
(b) | provide that any fee which is owed to the PPF Ombudsman by virtue |
| 10 |
of an order under subsection (4)(e) may be recovered as a debt due to |
| |
| |
(6) | The Secretary of State must pay to the PPF Ombudsman out of money |
| |
provided by Parliament such sums as may be required to be paid by the |
| |
Secretary of State to or in respect of the PPF Ombudsman by virtue of an order |
| 15 |
| |
| |
(1) | The Secretary of State may appoint one or more persons to act as a deputy to |
| |
the PPF Ombudsman (“a Deputy PPF Ombudsman”). |
| |
(2) | Any such appointment is to be on such terms and conditions as the Secretary |
| 20 |
| |
(3) | A Deputy PPF Ombudsman— |
| |
(a) | is to hold and vacate office in accordance with the terms and conditions |
| |
| |
(b) | may resign or be removed from office in accordance with those terms |
| 25 |
| |
(4) | A Deputy PPF Ombudsman may perform the functions of the PPF |
| |
| |
(a) | during any vacancy in that office, |
| |
(b) | at any time when the PPF Ombudsman is for any reason unable to |
| 30 |
discharge his functions, or |
| |
(c) | at any other time, with the consent of the Secretary of State. |
| |
(5) | References to the PPF Ombudsman in relation to the performance of his |
| |
functions are accordingly to be construed as including references to a Deputy |
| |
PPF Ombudsman in relation to the performance of those functions. |
| 35 |
(6) | An order by the Secretary of State under section 192(4) may make provision— |
| |
(a) | about the payment, or provision for payment, of remuneration, |
| |
compensation for loss of office, pension, allowances or gratuities to or |
| |
in respect of a Deputy PPF Ombudsman; |
| |
(b) | about the reimbursement of any expenses incurred by a Deputy PPF |
| 40 |
Ombudsman in the performance of any of the PPF Ombudsman’s |
| |
| |
|
| |
|