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Pensions Act 2004, Cross Heading: References to a tribunal is up to date with all changes known to be in force on or before 21 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Whole provisions yet to be inserted into this Act (including any effects on those provisions):
Textual Amendments
F1S. 102 cross-heading substituted (6.4.2010): (E.W.S.) by The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(2)(e), Sch. 2 para. 77 (with Sch. 5) and (N.I.) by Pensions Regulator Tribunal (Transfer of Functions) Act (Northern Ireland) 2010 (c. 4), s. 5(2), Sch. 1 para. 6 (with Sch. 2); S.R. 2010/101, art. 2
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Textual Amendments
F2S. 102 omitted (E.W.S.) (6.4.2010) by virtue of The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(2)(e), Sch. 2 para. 78 (with Sch. 5) and repealed (N.I.) (6.4.2010) by Pensions Regulator Tribunal (Transfer of Functions) Act (Northern Ireland) 2010 (c. 4), s. 5(2), Sch. 1 para. 7, Sch. 3 (with Sch. 2); S.R. 2010/101, art. 2
(1)This section applies in respect of proceedings before a tribunal in relation to a decision of the Regulator.
(2)A person is guilty of an offence if that person, without reasonable excuse, refuses or fails—
(a)to attend following the issue of a summons by the tribunal; or
(b)to give evidence.
(3)A person guilty of an offence under subsection (2) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(4)A person is guilty of an offence if that person, without reasonable excuse—
(a)alters, suppresses, conceals or destroys a document which that person is or is liable to be required to produce for the purposes of proceedings before the tribunal; or
(b)refuses to produce a document when so required.
(5)A person guilty of an offence under subsection (4) is liable—
(a)on summary conviction, to a fine not exceeding the statutory maximum;
(b)on conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both.
(6)In this section “document” includes information recorded in any form and, in relation to information recorded otherwise than in a legible form, references to its production include references to producing a copy of the information in a legible form, or in a form from which it can readily be produced in a legible form.]
Textual Amendments
F3S. 102A inserted (E.W.S.) (6.4.2010) by The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(2)(e), Sch. 2 para. 79 (with Sch. 5)
F5(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F6(2A)This section applies to references to a tribunal in relation to a decision of the Regulator.]
(3)On a reference, [F7the tribunal concerned] may consider any evidence relating to the subject-matter of the reference, whether or not it was available to the Regulator at the material time.
(4)On a reference, [F8the tribunal concerned] must determine what (if any) is the appropriate action for the Regulator to take in relation to the matter referred to [F9it] .
(5)On determining a reference, [F10the tribunal concerned] must remit the matter to the Regulator with such directions (if any) as [F11it] considers appropriate for giving effect to its determination.
(6)Those directions may include directions to the Regulator—
(a)confirming the Regulator’s determination and any order, notice or direction made, issued or given as a result of it;
(b)to vary or revoke the Regulator’s determination, and any order, notice or direction made, issued or given as a result of it;
(c)to substitute a different determination, order, notice or direction;
(d)to make such savings and transitional provision as the [F12tribunal concerned] considers appropriate.
(7)The Regulator must act in accordance with the determination of, and any direction given by, the [F13tribunal concerned] (and accordingly sections 96 to 99 (standard and special procedure) do not apply).
(8)The [F13tribunal concerned] may, on determining a reference, make recommendations as to the procedure followed by the Regulator or the Determinations Panel.
(9)An order of the [F13tribunal concerned] may be enforced—
(a)as if it were an order of [F14the county court], or
(b)in Scotland, as if it were an order of the Court of Session.
Textual Amendments
F4Words in s. 103 heading substituted (6.4.2010) by The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(2)(e), Sch. 2 para. 80(a) (with Sch. 5)
F5S. 103(1)(2) omitted (6.4.2010) by virtue of The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(2)(e), Sch. 2 para. 80(b) (with Sch. 5)
F6S. 103(2A) inserted (6.4.2010) by The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(2)(e), Sch. 2 para. 80(c) (with Sch. 5)
F7Words in s. 103(3) substituted (6.4.2010) by The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(2)(e), Sch. 2 para. 80(d) (with Sch. 5)
F8Words in s. 103(4) substituted (6.4.2010) by The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(2)(e), Sch. 2 para. 80(e)(i) (with Sch. 5)
F9Word in s. 103(4) substituted (6.4.2010) by The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(2)(e), Sch. 2 para. 80(e)(ii) (with Sch. 5)
F10Words in s. 103(5) substituted (6.4.2010) by The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(2)(e), Sch. 2 para. 80(e)(i) (with Sch. 5)
F11Word in s. 103(5) substituted (6.4.2010) by The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(2)(e), Sch. 2 para. 80(e)(ii) (with Sch. 5)
F12Words in s. 103(6)(d) substituted (6.4.2010) by The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(2)(e), Sch. 2 para. 80(f) (with Sch. 5)
F13Words in s. 103(7)-(9) substituted (6.4.2010) by The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(2)(e), Sch. 2 para. 80(f) (with Sch. 5)
F14Words in s. 103(9)(a) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
Commencement Information
I1S. 103(1)(a)(b)(2)-(9) in force at 6.4.2005 by S.I. 2005/275, art. 2(7), Sch. Pt. 7
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Textual Amendments
F15S. 104 omitted (6.4.2010) by virtue of The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(2)(e), Sch. 2 para. 81 (with Sch. 5)
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Textual Amendments
F16S. 105 omitted (6.4.2010) by virtue of The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(2)(e), Sch. 2 para. 82 (with Sch. 5)
(1)The Lord Chancellor may by regulations establish a scheme governing the provision of legal assistance in connection with proceedings before [F17a tribunal in relation to a decision of the Regulator].
(2)The legal assistance scheme may, in particular, make provision as to—
(a)the kinds of legal assistance that may be provided;
(b)the persons by whom legal assistance may be provided;
(c)the manner in which applications for legal assistance are to be made;
(d)the criteria on which eligibility for legal assistance is to be determined;
(e)the persons or bodies by whom applications are to be determined;
(f)appeals against refusals of applications;
(g)the revocation or variation of decisions;
(h)its administration and the enforcement of its provisions.
(3)Legal assistance under the scheme may be provided subject to conditions or restrictions.
(4)Those conditions may include conditions as to the making of contributions by the person to whom the assistance is provided.
(5)The Lord Chancellor must fund, out of money provided by Parliament, the costs of the scheme including the costs of legal assistance provided under it.
(6)In this Part “the legal assistance scheme” means any scheme in force by virtue of subsection (1).
Textual Amendments
F17Words in s. 106(1) substituted (6.4.2010): (E.W.S.) by The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(2)(e), Sch. 2 para. 83 (with Sch. 5) and (N.I.) by Pensions Regulator Tribunal (Transfer of Functions) Act (Northern Ireland) 2010 (c. 4), s. 5(2), Sch. 1 para. 8 (with Sch. 2); S.R. 2010/101, art. 2
Commencement Information
I2S. 106(1)-(4) in force for the purpose only of conferring power to make regulations, orders or rules, as the case may be, 10.2.2005; and for all other purposes at 6.4.2005 in so far as not already in force by S.I. 2005/275, art. 2(3), Sch. Pt. 3
I3S. 106(5)(6) in force in so far as not already in force (6.4.2005) by S.I. 2005/275, art. 2(7), Sch. Pt. 7
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