Supplementary memorandum submitted by
The Pensions Regulator
Question 82 (Mr Alan Williams): Publication of
determination made by the Determinations Panel
Having given this matter detailed consideration,
we are persuaded that there is merit in publishing those determinations
previously made by the Determinations Panel.
There have been 47 determinations made by the
Determinations Panel where we have not published information since
April 2005—further information is contained in Annex B.
There are nine which involve either the removal; suspension or
emergency appointment of a trustee. Other determinations cover
more routine issues.
We are now in the process of looking critically
at all those past determinations by the Panel, and will seek to
publish as soon as is reasonably possible. The considerations
listed in our publication policy (Annex A), for example the exceptions
criteria, will be applied in the usual way. We will therefore
publish all previous determinations, other than where there is
good reason not to do so. We will send copies of published determinations
to the Clerk of the Committee of Public Accounts to circulate
to Members.
Annex A
THE PENSION
REGULATOR
Publication of Determinations policy
To publish all determinations reserved to the
Pension Regulator's Determination Panel, and in full, unless the
Pension Regulator considers there is good reason not to.
Exceptions to publishing a determination or
publishing it in full will be considered where publication would
give rise to one or more of the following:
— an adverse impact on market behaviours—which
can include commercial and/or price sensitivity issues;
— prejudice investigations by other
bodies;
— disclosure of information protected
under the Official Secrets Act or irrelevant restricted information;
— risk to individual safety or mental
health (in relation to reputational and civil liability); and
— disclosure of sensitive personal
data.
When will determinations be published?
Determinations will be published as soon as
practicable following the determination by the Determination Panel
except in the following cases:
— where the determination involves
prohibition of trustees—to take into account legislative
requirements; and
— where a determination has been made
under the Special Procedure —decision on publication will
be delayed until after a compulsory review has taken place.
Annex B
PAST DETERMINATIONS MADE BY THE DP
| Subject of determination
| Number of cases |
| Applications for extensions to time limits for Cash Equivalent Transfer Values
| 7 |
| Normal appointment of trustee | 12
|
| Removal of trustee | 2 |
| Winding up order | 6 |
| Suspension of Trustee | 4 |
| Waiver of disqualification | 5
|
| Variation of existing order | 1
|
| Review of OPRA financial penalty | 4
|
| Revocation of Direction | 1
|
| Vesting of property | 1 |
| Vesting order | 1 |
| Emergency appointment of trustee | 3
|
| 
