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The Pension Protection Fund (Investigation by PPF Ombudsman of Complaints of Maladministration) Regulations (Northern Ireland) 2005

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Time and place of oral hearings

10.—(1) If the PPF Ombudsman decides that it is appropriate to hold an oral hearing in connection with the investigation of a referable matter that has been referred to him, he must fix the time and place of the hearing, having due regard to any representations made to him by the referring party and the Board about the time and place that would be convenient for them.

(2) The PPF Ombudsman must send a notice of the time and place to—

(a)the referring party;

(b)the Board;

(c)any person notified of the reference under regulation 5(1)(b), and

(d)any other person the PPF Ombudsman considers appropriate.

(3) The notice—

(a)must be sent not later than 21 days before the date of the hearing or by such later time as the referring party and the Board agree, and

(b)may be given in such manner and take such form as the PPF Ombudsman considers appropriate.

(4) The PPF Ombudsman must include with the notice a statement explaining—

(a)the purpose of the hearing;

(b)the rights of the referring party, the Board and any person notified of the reference under regulation 5(1)(b) to—

(i)make oral representations at the hearing;

(ii)call witnesses at the hearing to give evidence that is relevant to the matter being investigated, and

(iii)send written representations to the PPF Ombudsman not later than 14 days before the date of the hearing if they do not intend to attend the hearing;

(c)that any person notified of the hearing may appoint a person to act on his behalf, and

(d)that if the referring party, the Board or a person notified of the reference under regulation 5(1)(b) fails to—

(i)attend the hearing, or

(ii)send written representations to the PPF Ombudsman at least 14 days before the date of the hearing,

the PPF Ombudsman may decide the matter without providing a further opportunity for that person to make oral or written representations in respect of it.

(5) If the PPF Ombudsman considers it necessary to alter the time or place of the hearing, he must give the persons mentioned in paragraph (2) notice of the alteration not less than 7 days before––

(a)the date on which the hearing was to have taken place, or

(b)if it is earlier, the date on which it is to take place after the alteration,

or at such later time as the referring party and the Board may agree.

(6) The PPF Ombudsman may, if he considers it necessary, adjourn the hearing.

(7) In any case where the hearing is adjourned, no further notice need be given by the PPF Ombudsman under this regulation if the time and place at which the hearing will be reconvened are announced before the adjournment.

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