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The Pensions (Northern Ireland) Order 2005

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This is the original version (as it was originally made).

Review and reconsideration by the Board of reviewable matters
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189.—(1) Regulations must—

(a)provide for the Board, on the written application of an interested person, to give a decision (“a review decision”) on any reviewable matter, and

(b)require a committee of the Board constituted for the purposes of this Article (the “Reconsideration Committee”), on the written application of an interested person following a review decision, to reconsider the reviewable matter and give a decision (“a reconsideration decision”).

(2) In paragraph (1) “interested person”, in relation to a reviewable matter, means a person of a description prescribed in relation to reviewable matters of that description.

(3) Regulations under paragraph (1) may—

(a)permit a review decision in respect of a reviewable matter of a prescribed description to be made otherwise than on an application, and

(b)permit a reconsideration decision in respect of such a matter to be made otherwise than on an application.

(4) Regulations under paragraph (1) must provide for the Board’s powers on making a review decision or reconsideration decision to include power—

(a)to vary or revoke the determination, direction or other decision already made by the Board in respect of the reviewable matter,

(b)to substitute a different determination, direction or decision,

(c)to provide for such variations, revocations or substitutions, or any determinations, directions or other decisions made as a result of the review decision or reconsideration decision, to be treated as if they were made at such time (which may be a time prior to the making of the review decision or reconsideration decision) as the Board considers appropriate,

(d)to provide for any notice varied, substituted, issued or given by the Board as a result of the review decision or reconsideration decision, to be treated as if it were issued or given at such time (which may be a time prior to the making of the review decision or reconsideration decision) as the Board considers appropriate,

(e)generally to deal with the matters arising on the review decision or reconsideration decision as if they had arisen on the original determination, direction or decision,

(f)to pay such compensation as the Board considers appropriate to such persons as it may determine, and

(g)to make savings and transitional provision.

(5) Regulations under paragraph (1) must include provision—

(a)about applications under the regulations for a review decision or reconsideration decision in respect of a reviewable matter, including the times by which they are to be made,

(b)requiring notice—

(i)of such applications, or

(ii)of a decision of the Board or the Reconsideration Committee by virtue of paragraph (3) to give a review decision or reconsider a reviewable matter otherwise than on such an application,

to be given to interested persons in relation to the matter,

(c)with a view to securing that individuals concerned in giving a reconsideration decision were not concerned in the reviewable matter in respect of which the decision is to be made,

(d)as to the procedure for reaching and giving decisions under the regulations, including—

(i)rights of interested persons to make representations to the Reconsideration Committee on a reconsideration under regulations made under paragraph (1)(b), and

(ii)the times by which decisions are to be given, and

(e)requiring notice of the review decision or the reconsideration decision in respect of a reviewable matter to be given to interested persons in relation to the matter.

(6) Provision required by paragraph (5)(c) may modify paragraphs 15 and 16 of Schedule 5 to the Pensions Act 2004 (c. 35) (membership and procedure of committees of the Board).

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