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Pension Schemes Act 1993

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This is the original version (as it was originally enacted).

172Review of the Board’s determinations

(1)Subject to the provisions of this section and section 173, where the Board have—

(a)determined to issue, cancel or vary a contracting-out certificate or an appropriate scheme certificate; or

(b)determined to make, or not to make, any order which they have power to make under section 136, 139 or 142; or

(c)determined any other question which it is within their functions to determine,

their determination shall be final.

(2)The Board may on the application of a person appearing to them to be interested—

(a)at any time review any such determination of theirs as is mentioned in subsection (1), or a determination given by them on a previous review, if they are satisfied that there has been a relevant change of circumstances since the determination was made, or that the determination was made in ignorance of a material fact or based on a mistake as to a material fact or was erroneous in point of law;

(b)at any time within a period of six months from the date of the determination, or within such longer period as they may allow in any particular case, review such a determination on any ground.

(3)The Board’s powers on a review under this section shall include power—

(a)to vary or revoke any determination or order previously made;

(b)to substitute a different determination or order; and

(c)generally to deal with the matters arising on the review as if they had arisen on the original determination.

(4)Subject to subsection (5), regulations made by the Secretary of State may make provision with respect to the procedure to be adopted on any application for a review under this section or under any corresponding provision in force in Northern Ireland and generally with respect to such applications and reviews.

(5)Nothing in subsection (4) shall be taken to prevent such a review being entered upon by the Board without an application being made.

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