The Occupational and Personal Pension Schemes (Contracting-out etc: Review of Determinations) Regulations (Northern Ireland) 1997

Formal hearings in connection with reviews

4.—(1) If the applicant for a review of a determination or any person to whom notice of the application has been given under regulation 3(4) requests a formal hearing of the application, the Department shall grant the request unless, after considering the grounds of the application and any reasons given for the request, it is satisfied that the review of the determination can properly be made without such a hearing.

(2) If the Department is satisfied that the review can properly be made without a formal hearing, it shall inform the person making the request of its refusal and of the reason for that refusal and may proceed to review the determination without such a hearing, but it shall not proceed to make its review of the determination until it has allowed the person making the request at least 21 days to make any written submissions in connection with the review.

(3) If, in accordance with the provisions of paragraph (1), a request for a formal hearing has been granted, or if no request has been made but the Department is otherwise satisfied that a formal hearing is desirable, reasonable notice (being at least 21 days or such lesser period as the Department, with the agreement of all persons to whom notice of the hearing has been given, may think fit) of the time and place of the hearing shall be given to every person to whom notice of the application has been given under regulation 3(4).

(4) In any case in which a formal hearing of a review is held such hearing shall be in public except where the Department is satisfied that, by reason of the confidential or sensitive nature of matters raised, it is just and reasonable for the hearing or any part of it to be in private.

(5) Any person to whom notice of the hearing has been given under paragraph (3) shall be entitled to be heard at the hearing and may give evidence and call witnesses and shall be given an opportunity of putting questions directly to any witness called at the hearing.

(6) A person who has the right to be heard shall be entitled to be represented by another person whether legally qualified or not.

(7) If any person to whom notice of the hearing has been given under paragraph (3) fails to appear or be represented at the hearing, the Department may proceed with the hearing notwithstanding the absence of the person or his representative.