Explanatory Note
(This note is not part of the Regulations)
These Regulations are made before the expiry of the period of six months beginning with the coming into force of the provisions of Part I of the Pensions Act 1995 (c. 26) (“the Act”) by virtue of which they are made. They are accordingly exempt from the requirement in section 120(2)(c) of the Act for the Secretary of State to consult such persons as he considers appropriate.
Regulation 1 provides for the citation, commencement and interpretation of the regulations.
Regulation 2 makes provision as to the persons to whom the arrangements made for the resolution of disagreements shall apply and as to who may bring complaints.
Regulation 3 makes provision so as to enable a representative to act on behalf of the complainant.
Regulations 4 to 7 make provision as to the manner in which applications are to be made and decisions given.
Regulations 8 and 9 make provision for the arrangements made for the resolution of disagreements not to apply in certain cases.
Regulation 10 makes provision as to the maximum penalty which may be imposed by the Occupational Pensions Regulatory Authority in any case where the Authority is satisfied that the arrangements required by section 50 of the Act have not been made or are not being implemented by a scheme.
An assessment of the compliance cost for business of the measures arising from the Act, including these Regulations, has been placed in the libraries of both Houses of Parliament. Copies can be obtained by post from the Department of Social Security, 11th Floor, Adelphi, 1-11 John Adam Street, London WC2N 6HT.