Pensions Bill

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.

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The Gaming Board for Great
Functions under—

Britain.
(a)
the Gaming Act 1968

(c. 65), or

(b)
the Lotteries and

Amusements Act 1976

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(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”).
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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.
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      (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.