The Pension Protection Fund (Maladministration) Regulations (Northern Ireland) 2005

Explanatory Note

(This note is not part of the Regulations.)

These Regulations provide for the investigation by the Board of the Pension Protection Fund (“the Board”) under Article 190 of the Pensions (Northern Ireland) Order 2005 (“the Order”) of allegations of maladministration.

The Board is established by section 107 of the Pensions Act 2004 (c. 35) (“the Act”) to provide compensation for members of certain occupational pension schemes in the event of the insolvency of the scheme’s sponsoring employer and where the pension scheme is underfunded at a certain level.

Regulation 1 provides for citation, commencement and interpretation.

Regulation 2 provides that the Board must investigate certain complaints.

Regulation 3 provides that an application must generally be made within 28 days of the day on which the complainant became aware of the act or omission by the Board and makes provision for the Board to give a decision where an application is made outside this time limit in certain circumstances.

Regulation 4 provides for the form that the complaint must take.

Regulation 5 sets out the matters to be considered by the Board in giving a decision.

Regulation 6 provides for the time by which a decision must be given and makes further provision for an interim reply.

Regulation 7 provides that the Board may pay compensation to the complainant.

Regulation 8 sets out the matters to be included in a decision.

Regulation 9 provides that the Board must send a copy of the decision to the complainant and a summary of the decision to other persons if it considers that they may have suffered injustice, unless the Board considers that any injustice is likely to have been trivial.

Regulation 10 provides that after the Board has given a decision a complainant may apply to a committee of the Board for further investigation of the complaint and a further decision.

Regulation 11 provides that an application must be sent to the committee of the Board within 28 days of the day on which the Board sent the complainant a copy of the decision and makes provision for the Board to give a decision where an application is made outside this time limit in certain circumstances.

Regulation 12 provides for the form that an application must take.

Regulation 13 sets out the matters to be considered by the committee of the Board in giving a decision.

Regulation 14 provides for the time by which a decision must be given by the committee of the Board and makes further provision for an interim reply.

Regulation 15 provides for the powers of the committee of the Board in making a review decision, including the power to pay compensation to the complainant.

Regulation 16 provides for matters to be included in a decision by the committee of the Board.

Regulation 17 provides that the committee of the Board must send a copy of the decision to the complainant and a summary of the decision to other persons if it considers that they may have suffered injustice, unless the Board considers that any injustice is likely to have been trivial.

Regulation 18 provides that a person concerned with an act or omission by the Board that gives rise to a complaint of maladministration must not participate in the investigation or a decision in respect of a relevant complaint and modifies paragraph 15 of Schedule 5 to the Act in respect of a committee of the Board established to give a decision under regulation 10.

Regulation 19 provides that an application for investigation and a decision in respect of a relevant complaint may be made by a person on behalf of the complainant. It also provides for representation where the complainant dies or is incapable of acting.

Article 190(1) and (3) to (6) of the Order, under which these Regulations are made, was brought into operation, for the purpose only of authorising the making of regulations, on 25th February 2005 and for all other purposes on 6th April 2005, by virtue of the Pensions (2005 Order) (Commencement No. 1 and Consequential and Transitional Provisions) Order (Northern Ireland) 2005 (S.R. 2005 No. 48 (C. 5)).

As these Regulations are made before the end of the period of six months beginning with the coming into operation of the provisions of the Order by virtue of which they are made, the requirement to consult under Article 289(1) of the Order does not apply by virtue of paragraph (2)(c) of that Article.