Pension Schemes Act 1993

General provisions as to determinations and appeals

170 Determination of questions by Secretary of State

(1) The questions to which section 17(1) of the [1992 c. 5.] Social Security Administration Act 1992 (questions for determination by the Secretary of State) applies include—

(a) any question as to the amount of a person’s guaranteed minimum for the purposes of section 13 or 17;

(b) any question—

(i) whether a state scheme premium is payable or has been paid in any case or as to the amount of any such premium; or

(ii) otherwise arising in connection with any state scheme premium;

(c) any question whether for the purposes of this Act a cash sum paid or an alternative arrangement made under the [1975 c. 75.] Policyholders Protection Act 1975 provides the whole or any part of the guaranteed minimum pension to which an earner or an earner’s widow or widower was entitled under a contracted-out scheme; and

(d) any question arising in connection with minimum contributions or payments under section 7 of the [1986 c. 50.] Social Security Act 1986,

other than a question such as is mentioned in paragraph (b)(ii) or (d) which is required by virtue of this Act to be determined by the Board.

(2) The Secretary of State may make any determination required by subsection (1)(c) on such basis as he considers appropriate.

(3) Any question arising under this Act as to whether the employment of an earner in employed earner’s employment at any time is or was contracted-out employment in relation to him shall be referred by the Secretary of State to the Board and determined by them.

(4) Neither section 17(1) nor section 20(1) of the [1992 c. 5.] Social Security Administration Act 1992 (questions for determination by adjudication officers) shall apply to any such question as is mentioned in subsection (3).

(5) Any question arising in proceedings before any court or tribunal or before the Industrial Arbitration Board whether the rules of an occupational pension scheme conform with the equal access requirements shall be referred to and determined by the Board.

(6) Subsection (4) of section 134 shall apply to determinations under subsection (5) as it applies to determinations under that section.

171 Questions arising in proceedings

(1) Where in any proceedings—

(a) for an offence under this Act; or

(b) involving any question as to the payment of a state scheme premium;

any such question arises as is mentioned in section 170(1)(a), (b)(i) or (c), the decision of the Secretary of State shall be conclusive for the purpose of the proceedings.

(2) If—

(a) a decision on any such question is necessary for the determination of the proceedings; and

(b) the decision of the Secretary of State has not been obtained or a question has been raised with a view to a review of the decision obtained,

the question shall be referred to the Secretary of State for determination or review in accordance (subject to any necessary modifications) with sections 17 to 19 of the [1992 c. 5.] Social Security Administration Act 1992.

(3) Subsection (1) does not apply if—

(a) an appeal under section 18 of that Act is pending; or

(b) the time for appealing has not expired; or

(c) a question has been raised with a view to a review of the Secretary of State’s decision under section 19 of that Act,

and the court dealing with the case shall adjourn the proceedings until such time as a final decision on the question has been obtained.

172 Review of the Board’s determinations

(1) Subject to the provisions of this section and section 173, where the Board have—

(a) determined to issue, cancel or vary a contracting-out certificate or an appropriate scheme certificate; or

(b) determined to make, or not to make, any order which they have power to make under section 136, 139 or 142; or

(c) determined any other question which it is within their functions to determine,

their determination shall be final.

(2) The Board may on the application of a person appearing to them to be interested—

(a) at any time review any such determination of theirs as is mentioned in subsection (1), or a determination given by them on a previous review, if they are satisfied that there has been a relevant change of circumstances since the determination was made, or that the determination was made in ignorance of a material fact or based on a mistake as to a material fact or was erroneous in point of law;

(b) at any time within a period of six months from the date of the determination, or within such longer period as they may allow in any particular case, review such a determination on any ground.

(3) The Board’s powers on a review under this section shall include power—

(a) to vary or revoke any determination or order previously made;

(b) to substitute a different determination or order; and

(c) generally to deal with the matters arising on the review as if they had arisen on the original determination.

(4) Subject to subsection (5), regulations made by the Secretary of State may make provision with respect to the procedure to be adopted on any application for a review under this section or under any corresponding provision in force in Northern Ireland and generally with respect to such applications and reviews.

(5) Nothing in subsection (4) shall be taken to prevent such a review being entered upon by the Board without an application being made.

173 References and appeals from the Board

(1) Any question of law arising in connection with—

(a) any matter arising under this Act for determination by the Board;

(b) any other matter which under section 170(3) falls to be determined by them;

(c) any matter arising on an application to the Board for a review of a determination by them, or on a review by them entered upon without an application,

may, if the Board think fit, be referred for decision to the court.

(2) If the Board determine in accordance with subsection (1) to refer any question of law to the court, they shall give notice in writing of their intention to do so—

(a) in a case where the question arises on an application made to the Board, to the applicant; and

(b) in any case to such persons as appear to them to be concerned with the question.

(3) Any person who is aggrieved—

(a) by a determination of the Board given on a review under section 172, or

(b) by the refusal of the Board to review a determination,

where the determination involves a question of law and that question is not referred by the Board to the court under subsection (1), may on that question appeal from the determination to the court.

(4) The Board shall be entitled to appear and be heard on any reference or appeal under this section.

(5) The provision made by rules of court shall include provision for regulating references and appeals to the court under this section and for limiting the time within which such appeals may be brought.

(6) Notwithstanding anything in any enactment, the decision of the court on a reference or appeal under this section shall be final.

(7) On any such reference or appeal the court may order the Board to pay the costs or, in Scotland, the expenses of any other person, whether or not the decision is in that other person’s favour and whether or not the Board appear on the reference or appeal.

(8) In this section “the court” means—

(a) in England and Wales, the High Court;

(b) in Scotland, the Court of Session.