C1Part 1The Pensions Regulator
F12References to a tribunal
S. 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
F1102The Pensions Regulator Tribunal
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102AF14Offences
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.
103References F13in relation to decisions of Regulator
F31
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F32
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F22A
This section applies to references to a tribunal in relation to a decision of the Regulator.
I23
On a reference, F4the 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.
I24
I25
I26
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 F9tribunal concerned considers appropriate.
I27
The Regulator must act in accordance with the determination of, and any direction given by, the F10tribunal concerned (and accordingly sections 96 to 99 (standard and special procedure) do not apply).
I28
The F10tribunal concerned may, on determining a reference, make recommendations as to the procedure followed by the Regulator or the Determinations Panel.
I29
An order of the F10tribunal concerned may be enforced—
a
as if it were an order of F17the county court, or
b
in Scotland, as if it were an order of the Court of Session.
F15104Appeal on a point of law
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F16105Redetermination etc by the Tribunal
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106Legal assistance scheme
I11
The Lord Chancellor may by regulations establish a scheme governing the provision of legal assistance in connection with proceedings before F11a tribunal in relation to a decision of the Regulator.
I12
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.
I13
Legal assistance under the scheme may be provided subject to conditions or restrictions.
I14
Those conditions may include conditions as to the making of contributions by the person to whom the assistance is provided.
I35
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.
I36
In this Part “the legal assistance scheme” means any scheme in force by virtue of subsection (1).
Pt. 1 applied in part (with modifications) (20.7.2005 for specified purposes, 1.9.2005 for specified purposes, 5.12.2005 for specified purposes) by The Financial Assistance Scheme Regulations 2005 (S.I. 2005/1986), regs. 1(1), 4, Sch. 1 Pt. 1 (as amended (17.7.2008) by The Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2008 (S.I. 2008/1903), regs. 1, 5(2), 13; (10.7.2009) by The Financial Assistance Scheme (Miscellaneous Provisions) Regulations 2009 (S.I. 2009/1851), regs. 1, 5, 18; (2.4.2010) by The Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2010 (S.I. 2010/1149), regs. 1, 5, 15)