Statutory Instrument 1993 No. 1978

The County Court (Pensions Ombudsman) (Enforcement of Directions and Determinations) Rules 1993

---

© Crown Copyright 1993

The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Royal Arms and the Queen's Printer imprints.

The text of this Internet version of the Statutory Instrument has been prepared to reflect the text as it was Made. The authoritative version is the Queen's Printer copy published by The Stationery Office Limited as the The County Court (Pensions Ombudsman) (Enforcement of Directions and Determinations) Rules 1993, ISBN 0110349784. Purchase this item. For details of how to obtain an official copy see How to obtain The Stationery Office Limited titles.

To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.

1993 No. 1978

PENSIONS

The County Court (Pensions Ombudsman) (Enforcement of Directions and Determinations) Rules 1993

The Secretary of State for Social Security in exercise of the powers conferred on him by section 59J(1) and (2) of the Social Security Pensions Act 1975^[1] and of all other powers enabling him in that behalf hereby makes the following rules:

Citation, commencement and interpretation
    1.—(1)  These Rules may be cited as the County Court (Pensions Ombudsman) (Enforcement of Directions and Determinations) Rules 1993 and shall come into force on 1st September 1993.

    (2)  In these Rules, "the principal Act" means the Social Security Pensions Act 1975^[1] and an Order referred to by number means the Order so numbered in the County Court Rules 1981^[2].

Enforcement of direction for the payment of money
    2.—(1)  Subject to paragraph (2) of this rule, wherever the Pensions Ombudsman directs the payment of money, the County Court Rules 1981^[2]concerning the enforcement of payment of judgment debts shall apply to the direction as if it were a county court judgment.

    (2)  A direction by the Pensions Ombudsman for the payment of money shall not be enforced, whether by issue of a warrant of execution or otherwise, unless the applicant for enforcement has filed with his application a copy of the direction, certified by the Pensions Ombudsman to be a true copy of the original.

Enforcement of direction to take or refrain from taking any step
    3.—(1)  Subject to paragraph (2) of this rule, wherever the Pensions Ombudsman directs a person to take, or refrain from taking, any step, the County Court Rules 1981^[2] concerning the enforcement of a judgment, in particular Order 29 (committal for breach of order or undertaking), shall apply to the direction as if it were a county court judgment or Order.

    (2)  The procedure provided by Order 29, rule 1(3) for a county court, at the request of the judgment creditor, to issue a copy of the judgment or order indorsed with a notice as to the consequences of disobedience, shall not apply to a direction of the Pensions Ombudsman unless the applicant has filed with his request a copy of the direction, certified by the Pensions Ombudsman to be a true copy of the original.

Signed by authority of the Secretary of State for Social Security.

Henley

Parliamentary Under-Secretary of State, Department of Social Security

4th August 1993

By sections 59A to H of the Social Security Pensions Act 1975 (inserted by the Social Security Act 1990) the post of Pensions Ombudsman is created and he is given powers to investigate complaints about the management of an occupational or personal pension scheme and to make directions or determinations binding upon the managers or trustees of the scheme. By section 59H(5) such a direction or determination shall be enforceable in a county court as if it were a judgment or order of that court. Rule 2 provides the mechanism for enforcement of directions for the payment of money. Rule 3 so provides for directions to take, or refrain from taking, any step.

The Rules do not impose any costs on business.

[1] 1975 c. 60. Section 59J was inserted by the Social Security Act 1990 (c. 27), section 12(1) and Schedule 3. See also the Personal and Occupational Pensions Schemes (Pensions Ombudsman) Regulations 1991 (S.I. 1991/588). back

[2] S.I. 1981/1687; the relevant amending instruments are S.I. 1982/1140, 1794, 1983/1716, 1984/878, 1985/566, 1269, 1986/1189, 1987/493, 1989/236, 1838, 2426, 1990/516, 1764, 1991/1126, 1328, 1882, 1992/793, 1965 and 1993/711. back