Pensions Act 2004

Pensions Act 2004

2004 CHAPTER 35

Commentary on Sections

Part 2 – the Board of the Pension Protection Fund

Chapter 6 – Reviews, Appeals and Maladministration

Section 207: Review and reconsideration by the Board of reviewable matters

768. This section is a mandatory power, under which regulations must provide for the two stage internal process under which reviewable matters (as set out in Schedule 9) may be reviewed.

769. Regulations must provide that where an interested person makes a written application, on any matter which is reviewable under Schedule 9, the Board must give a ‘review decision’. Where a further written application is made for a review of that “review decision” the matter must be considered by the Reconsideration Committee of the Board, which will issue a “reconsideration decision”.

770. Subsection (3) provides that regulations may also permit reviews and reconsiderations to be made without a written application being made. (This gives the Board the power to review a decision of its own volition.)

771. Subsection (4) sets out the powers the Board will have under regulations when reviewing or reconsidering a decision. For example it will be able to vary or revoke an earlier decision.

772. Subsection (5) provides that regulations must make provision regarding making applications and reaching and giving decisions.