Pensions Act 1995

96 Review of decisions

(1) Subject to the following provisions of this section and to section 97, any determination by the Authority of a question which it is within their functions to determine shall be final.

(2) The Authority must, on the application of any person (“the applicant”) at any time within the prescribed period, review any determination of theirs—

(a) to make an order against the applicant under section 3,

(b) to require the applicant to pay a penalty under section 10 of this Act or section 168(4) of the [1993 c. 48.] Pension Schemes Act 1993, or

(c) to disqualify the applicant from being a trustee of any trust scheme under section 29(3) or (4).

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

(a) at any time review any other such determination of theirs as is mentioned in subsection (1) (including 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.

(4) The Authority’s powers on a review under subsection (2) or (3) 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;

and also include power to make savings and transitional provisions.

(5) Subject to subsection (6), regulations may make provision with respect to the procedure to be adopted on any application for a review under subsection (2) or (3) or under any corresponding provision in force in Northern Ireland and generally with respect to such applications and reviews.

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