Options Considered
7.Do nothing – this was not a viable option. The existing Pensions Regulator Tribunal structure will not be retained as the Lord Chancellor is transferring the functions and members of the Pensions Regulator Tribunal to the new tribunal structure.
Abolition of the right of appeal to an independent tribunal was not an option. Article 6(1) of the European Convention on Human Rights requires an “independent and impartial tribunal established by law”. It is important that people in Northern Ireland continue to have the right of appeal to an independent tribunal in relation to determinations of the Pensions Regulator.
Tribunal members are required to have special experience of the financial regulatory environment and/or the operation of pension schemes. To date no appeals from Northern Ireland have been made to the Pensions Regulator Tribunal. Given the specialised nature of the subject matter and the very small number of appeals UK-wide, it would not be practical to have a separate Tribunal for Northern Ireland only. The only viable option was the transfer of the Tribunal functions to the new structure from April 2010 in line with Great Britain.
