C5C4C6C7Part 2The Board of the Pension Protection Fund

Annotations:
Modifications etc. (not altering text)
C7

Pt. 2 applied in part (24.7.2014) by The Pensions Act 2011 (Transitional, Consequential and Supplementary Provisions) Regulations 2014 (S.I. 2014/1711), regs. 1(1), 42(1), 53, 57 (with regs. 6, 41, 44(1), 47(1), 69(2), 72(1), 76(1)); coming into force immediately after s. 29 of 2011 c. 19 - see S.I. 2014/1683, art. 2

C2C1C3Chapter 6Reviews, appeals and maladministration

Annotations:
Modifications etc. (not altering text)
C2

Pt. 2 modified in part (9.3.2005 for specified purposes, 1.4.2005 for specified purposes, 6.4.2005 in so far as not already in force (except ch. 4)) by The Pension Protection Fund (Multi-employer Schemes) (Modification) Regulations 2005 (S.I. 2005/441), regs. 1, 2-60, 71, 72

C1

Pt. 2 modified (8.3.2005 for specified purposes, 6.4.2005 in so far as not already in force) by The Pension Protection Fund (Partially Guaranteed Schemes) (Modification) Regulations 2005 (S.I. 2005/277), regs. 1(1), 2-11

C3

Pt. 2 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

Review etc by the Board

208C1C2C3Investigation by the Board of complaints of maladministration

I11

Regulations must make provision for dealing with relevant complaints.

I22

For the purposes of this Chapter, “relevant complaint” means a complaint—

a

by a person who is or might become entitled to compensation under the pension compensation provisions, or

b

by a person who has or may make an application under section 182 (fraud compensation),

alleging that he has sustained injustice in consequence of maladministration in connection with any act or omission by the Board or any person exercising functions on its behalf.

I13

Regulations under subsection (1) must—

a

provide for the Board to investigate and give decisions on matters complained of in relevant complaints, and

b

provide for a committee of the Board, on applications following such decisions, to investigate matters complained of and give decisions on them.

I14

Such regulations may, in particular, make provision—

a

about the making of relevant complaints and applications under the regulations, including the times by which they are to be made,

b

with a view to securing that individuals concerned in giving a decision were not concerned in the matter which is the subject of the relevant complaint in question,

c

as to the procedure for reaching and giving decisions under the regulations, including—

i

rights of prescribed persons to make representations to the Board, on an investigation under regulations made under subsection (3)(b), and

ii

the times by which decisions are to be given, and

d

requiring notice—

i

of a relevant complaint under the regulations, or

ii

of a decision under the regulations in respect of the complaint,

to be given to prescribed persons in relation to the matter.

I15

Regulations under subsection (1) may confer power on the Board to pay such compensation as it considers appropriate to such persons as it considers have sustained injustice in consequence of the matters complained of.

I16

The power conferred by subsection (4)(b) includes power to modify paragraphs 15 and 16 of Schedule 5 (membership and procedure of committees of the Board).