House of Commons portcullis
House of Commons
Session 2003 - 04
Internet Publications
Other Bills before Parliament

Pensions Bill


Pensions Bill
Schedule 3 — Restricted information held by the Regulator: certain permitted disclosures to facilitate exercise of functions

215

 
 

Persons

Functions

 
 

The Financial Services Authority.

Functions under—

 
  

(a)   

the legislation relating to

 
  

friendly societies,

 
  

(b)   

the Building Societies Act

 

5

  

1986 (c. 53), or

 
  

(c)   

the Financial Services and

 
  

Markets Act 2000 (c. 8).

 
 

The Charity Commissioners.

Functions under the Charities Act

 
  

1993 (c. 10).

 

10

 

The Pensions Regulator Tribunal.

Any of its functions.

 
 

The Pensions Ombudsman.

Functions under—

 
  

(a)   

the Pension Schemes Act

 
  

1993 (c. 48), or

 
  

(b)   

the Pension Schemes

 

15

  

(Northern Ireland) Act 1993

 
  

(c. 49).

 
 

The Ombudsman for the Board of

Any of his functions.

 
 

the Pension Protection Fund.

  
 

The Comptroller and Auditor

Any of his functions.

 

20

 

General.

  
 

The Auditor General for Wales.

Any of his functions.

 
 

The Auditor General for Scotland.

Any of his functions.

 
 

The Comptroller and Auditor

Any of his functions.

 
 

General for Northern Ireland.

  

25

 

The Commissioners of Inland

Functions under—

 
 

Revenue or their officers.

(a)   

the Income and

 
  

Corporation Taxes Act 1988

 
  

(c. 1),

 
  

(b)   

the Taxation of Chargeable

 

30

  

Gains Act 1992 (c. 12),

 
  

(c)   

Part 3 of the Pension

 
  

Schemes Act 1993,

 
  

(d)   

Part 3 of the Pension

 
  

Schemes (Northern

 

35

  

Ireland) Act 1993, or

 
  

(e)   

the Income Tax (Earnings

 
  

and Pensions) Act 2003

 
  

(c. 1).

 
 

The Commissioners of Customs

Functions under any enactment.

 

40

 

and Excise.

  
 

 

Pensions Bill
Schedule 3 — Restricted information held by the Regulator: certain permitted disclosures to facilitate exercise of functions

216

 
 

Persons

Functions

 
 

The Official Receiver or, in

Functions under the enactments

 
 

Northern Ireland, the Official

relating to insolvency.

 
 

Receiver for Northern Ireland.

  
 

An inspector appointed by the

Functions under Part 14 of the

 

5

 

Secretary of State.

Companies Act 1985 (c. 6).

 
 

A person authorised to exercise

Functions under those sections or

 
 

powers under—

that Article.

 
 

(a)   

section 447 of the

  
 

Companies Act 1985,

  

10

 

(b)   

Article 440 of the

  
 

Companies (Northern

  
 

Ireland) Order 1986 (S.I.

  
 

1986/1032 (N.I. 6)), or

  
 

(c)   

section 84 of the

  

15

 

Companies Act 1989 (c. 40).

  
 

A person appointed under—

Functions in relation to that

 
 

(a)   

section 167 of the Financial

investigation.

 
 

Services and Markets Act

  
 

2000 (c. 8),

  

20

 

(b)   

subsection (3) or (5) of

  
 

section 168 of that Act, or

  
 

(c)   

section 284 of that Act,

  
 

to conduct an investigation.

  
 

A body designated under section

Functions in its capacity as a body

 

25

 

326(1) of that Act.

designated under that section.

 
 

A recognised investment exchange

Functions in its capacity as an

 
 

or a recognised clearing house (as

exchange or clearing house

 
 

defined by section 285 of that Act).

recognised under that Act.

 
 

A body corporate established in

Functions under the Financial

 

30

 

accordance with section 212(1) of

Services Compensation Scheme,

 
 

that Act.

established in accordance with

 
  

section 213 of that Act.

 
 

The Panel on Takeovers and

Functions under the City Code on

 
 

Mergers.

Takeovers and Mergers and the

 

35

  

Rules Governing Substantial

 
  

Acquisitions of Shares for the time

 
  

being issued by the Panel.

 
 

The General Insurance Standards

Functions of regulating sales and

 
 

Council.

advisory and service standards in

 

40

  

relation to insurance.

 
 

A recognised professional body

Functions in its capacity as such a

 
 

(within the meaning of section 391

body under that Act.

 
 

of the Insolvency Act 1986 (c. 45)).

  
 

 

Pensions Bill
Schedule 3 — Restricted information held by the Regulator: certain permitted disclosures to facilitate exercise of functions

217

 
 

Persons

Functions

 
 

A person on whom functions are

The functions so conferred.

 
 

conferred by or under Part 2, 3 or 4

  
 

of the Proceeds of Crime Act 2002

  
 

(c. 29).

  

5

 

The Counter Fraud and Security

Any of its functions.

 
 

Management Service established

  
 

under the Counter Fraud and

  
 

Security Management Service

  
 

(Establishment and Constitution)

  

10

 

Order 2002 (S.I. 2002/3039).

  
 

The Department of Enterprise,

Functions under—

 
 

Trade and Investment in Northern

(a)   

Part 15 of the Companies

 
 

Ireland.

(Northern Ireland) Order

 
  

1986 (S.I. 1986/1032 (N.I.

 

15

  

6)),

 
  

(b)   

the Insolvency (Northern

 
  

Ireland) Order 1989 (S.I.

 
  

1989/2405 (N.I. 19)), or

 
  

(c)   

Part 2 of the Companies

 

20

  

(No. 2) (Northern Ireland)

 
  

Order 1990 (S.I. 1990/1504

 
  

(N.I. 10)).

 
  

.

 
 

The Department for Social

Functions under Part 3 of the

 

25

 

Development in Northern Ireland.

Pension Schemes (Northern

 
  

Ireland) Act 1993 (c. 49).

 
 

An Inspector appointed by the

Functions under Part 15 of the

 
 

Department of Enterprise, Trade

Companies (Northern Ireland)

 
 

and Investment in Northern

Order 1986.

 

30

 

Ireland.

  
 

A recognised professional body

Functions in its capacity as such a

 
 

within the meaning of Article 350

body under that Order.

 
 

of the Insolvency (Northern

  
 

Ireland) Order 1989.

  

35

 

The Gaming Board for Great

Functions under—

 
 

Britain.

(a)   

the Gaming Act 1968

 
  

(c. 65), or

 
  

(b)   

the Lotteries and

 
  

Amusements Act 1976

 

40

  

(c. 32).

 
 

 

Pensions Bill
Schedule 4 — The Pensions Regulator Tribunal
Part 1 — The Tribunal

218

 

Schedule 4

Section 91

 

The Pensions Regulator Tribunal

Part 1

The Tribunal

The Panels

5

1     (1)  

The Lord Chancellor must appoint a panel of persons for the purpose of

serving as chairmen of the Tribunal (“the panel of chairmen”).

      (2)  

A person is qualified for membership of the panel of chairmen if—

(a)   

he has a 7 year general qualification within the meaning of section 71

of the Courts and Legal Services Act 1990 (c. 41),

10

(b)   

he is an advocate or solicitor in Scotland of at least 7 years’ standing,

(c)   

he is a member of the Bar of Northern Ireland of at least 7 years’

standing, or

(d)   

he is a solicitor of the Supreme Court of Northern Ireland of at least

7 years’ standing.

15

      (3)  

The panel of chairmen must include at least one member who is a person of

the kind mentioned in sub-paragraph (2)(b).

      (4)  

The Lord Chancellor must also appoint a panel of persons who appear to

him to be qualified by experience or otherwise to deal with matters of the

kind that may be referred to the Tribunal (“the lay panel”).

20

The President

2     (1)  

The Lord Chancellor must appoint one of the members of the panel of

chairmen to preside over the exercise of the Tribunal’s functions.

      (2)  

The member so appointed is to be known as the President of the Pensions

Regulator Tribunal (in this Schedule referred to as “the President”).

25

      (3)  

The Lord Chancellor may appoint one of the members of the panel of

chairmen to be the Deputy President.

      (4)  

The Deputy President is to have such functions in relation to the Tribunal as

the President may assign to him.

      (5)  

The Lord Chancellor may not appoint a person to be the President or Deputy

30

President unless that person—

(a)   

has a 10 year general qualification within the meaning of section 71

of the Courts and Legal Services Act 1990,

(b)   

is an advocate or solicitor in Scotland of at least 10 years’ standing,

(c)   

is a member of the Bar of Northern Ireland of at least 10 years’

35

standing, or

(d)   

is a solicitor of the Supreme Court of Northern Ireland of at least 10

years’ standing.

      (6)  

If the President ceases to be a member of the panel of chairmen, he also

ceases to be the President.

40

      (7)  

If the Deputy President ceases to be a member of the panel of chairmen, he

also ceases to be the Deputy President.

 

 

Pensions Bill
Schedule 4 — The Pensions Regulator Tribunal
Part 2 — Constitution of the Tribunal

219

 

      (8)  

If the President is absent or otherwise unable to act, his functions may be

exercised—

(a)   

by the Deputy President, or

(b)   

if there is no Deputy President or he too is absent or otherwise unable

to act, by a person appointed for that purpose from the panel of

5

chairmen by the Lord Chancellor.

Terms of office etc

3     (1)  

Subject to the provisions of this Schedule, each member of the panel of

chairmen and the lay panel—

(a)   

is to hold and vacate office in accordance with the terms and

10

conditions of his appointment, and

(b)   

may resign or be removed from office in accordance with those terms

and conditions.

      (2)  

A member of either panel is eligible for re-appointment if he ceases to hold

office.

15

Remuneration and allowances

4          

The Lord Chancellor may pay, or make provision for paying, out of money

provided by Parliament, any person in respect of his service—

(a)   

as a member of the Tribunal (including service as the President or

Deputy President), or

20

(b)   

as a person appointed under paragraph 7(4) (appointment of

experts),

           

such remuneration and allowances as the Lord Chancellor may determine.

Staff

5     (1)  

The Lord Chancellor may appoint such staff for the Tribunal as he may

25

determine.

      (2)  

The remuneration of the Tribunal’s staff is to be paid by the Lord Chancellor

out of money provided by Parliament.

Expenses

6          

The Lord Chancellor may pay, out of money provided by Parliament, such

30

expenses of the Tribunal as the Lord Chancellor may determine.

Part 2

Constitution of the Tribunal

7     (1)  

On a reference to the Tribunal, the persons to act as members of the Tribunal

for the purposes of the reference are to be selected from the panel of

35

chairmen or the lay panel in accordance with arrangements made by the

President for the purposes of this paragraph (“the standing arrangements”).

      (2)  

The standing arrangements must provide for at least one member to be

selected from the panel of chairmen.

 

 

Pensions Bill
Schedule 4 — The Pensions Regulator Tribunal
Part 3 — Tribunal Procedure

220

 

      (3)  

If, while a reference is being dealt with, a person serving as a member of the

Tribunal in respect of the reference becomes unable to act, the reference may

be dealt with—

(a)   

by the other members selected in respect of the reference, or

(b)   

if it is being dealt with by a single member, by such other member of

5

the panel of chairmen as may be selected in accordance with the

standing arrangements for the purposes of the reference.

      (4)  

If it appears to the Tribunal that a matter before it involves a question of fact

of special difficulty, it may appoint one or more experts to provide

assistance.

10

      (5)  

For the purposes of this Schedule, a “reference to the Tribunal” means a

reference to the Tribunal under this Act or any provisions in force in

Northern Ireland corresponding to this Act.

Part 3

Tribunal Procedure

15

General

8          

For the purpose of dealing with references, or any matter preliminary or

incidental to a reference, the Tribunal must sit at such times and in such

place or places as the Lord Chancellor may direct.

9          

Rules made by the Lord Chancellor under section 91 may, in particular,

20

include provision—

(a)   

as to the manner in which references are to be instituted;

(b)   

for the holding of hearings in private in such circumstances as may

be specified in the rules;

(c)   

as to the persons who may appear on behalf of the parties;

25

(d)   

for a member of the panel of chairmen to hear and determine interim

matters arising on a reference;

(e)   

for the Tribunal to deal with urgent cases expeditiously;

(f)   

as to the withdrawal of references;

(g)   

as to the registration, publication and proof of decisions and orders.

30

Practice directions

10         

The President may give directions as to the practice and procedure to be

followed by the Tribunal in relation to references to it.

Evidence

11    (1)  

The Tribunal may by summons require any person to attend, at such time

35

and place as is specified in the summons, to give evidence or to produce any

document in his custody or under his control which the Tribunal considers

it necessary to examine.

      (2)  

The Tribunal may—

(a)   

take evidence on oath and for that purpose administer oaths, or

40

(b)   

instead of administering an oath, require the person examined to

make and subscribe a declaration of the truth of the matters in

respect of which he is examined.

 

 

Pensions Bill
Schedule 4 — The Pensions Regulator Tribunal
Part 3 — Tribunal Procedure

221

 

      (3)  

A person who without reasonable excuse refuses or fails—

(a)   

to attend following the issue of a summons by the Tribunal, or

(b)   

to give evidence,

           

is guilty of an offence.

      (4)  

A person guilty of an offence under sub-paragraph (3) is liable on summary

5

conviction to a fine not exceeding level 5 on the standard scale.

      (5)  

A person who without reasonable excuse —

(a)   

alters, suppresses, conceals or destroys a document which he is or is

liable to be required to produce for the purposes of proceedings

before the Tribunal, or

10

(b)   

refuses to produce a document when so required,

           

is guilty of an offence.

      (6)  

A person guilty of an offence under sub-paragraph (5) is liable—

(a)   

on summary conviction, to a fine not exceeding the statutory

maximum;

15

(b)   

on conviction on indictment, to imprisonment for a term not

exceeding two years or a fine or both.

      (7)  

In this paragraph “document” includes information recorded in any form

and, in relation to information recorded otherwise than in a legible form,

references to its production include references to producing a copy of the

20

information—

(a)   

in a legible form, or

(b)   

in a form from which it can readily be produced in a legible form.

Decisions of the Tribunal

12    (1)  

A decision of the Tribunal may be taken by a majority.

25

      (2)  

The decision must state whether it was unanimous or taken by a majority.

      (3)  

The decision must be recorded in a document which—

(a)   

contains a statement of the reasons for the decision, and

(b)   

is signed and dated by the member of the panel of chairmen dealing

with the reference.

30

      (4)  

The Tribunal must inform each party to the reference of its decision.

      (5)  

The Tribunal must as soon as reasonably practicable send a copy of the

document mentioned in sub-paragraph (3)—

(a)   

to each of the parties to the reference, and

(b)   

to such other persons as appear to the Tribunal to be directly affected

35

by the decision.

      (6)  

The Tribunal must send the Secretary of State a copy of its decision.

      (7)  

In this paragraph “document” includes information recorded in any form.

Costs

13    (1)  

If the Tribunal considers that a party to any proceedings on a reference has

40

acted vexatiously, frivolously or unreasonably it may order that party to pay

to another party to the proceedings the whole or part of the costs or expenses

incurred by the other party in connection with the proceedings.

 

 

 
previous section contents continue
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries

© Parliamentary copyright 2004
Revised 30 April 2004