The Pension Protection Fund (Appointment of Ordinary Members) Regulations 2005

Explanatory Note

(This note is not part of the Regulations)

These Regulations set out the procedure which the Board of the Pension Protection Fund (“the Board”) must follow in making any appointment of ordinary members to the Board. The Board was established by section 107 of the Pensions Act 2004 (c. 35).

Regulation 2 provides that the Board must act in accordance with the Schedule to these Regulations except where a vacancy arises unexpectedly and within three months of the completion of an appointment process for another ordinary member, in which case, if the requirements are the same, another person thought suitable during the earlier appointment process may be appointed to fill the new vacancy.

The Schedule sets out the detail of the procedure the Board must follow.

Paragraph 1 requires the Board, where it wishes to make an appointment of an ordinary member, to publicise the vacancy in an effective and proportionate manner.

Paragraphs 2 to 6 set out what information must be provided in the information pack sent out to any person who expresses an interest in applying for the vacancy.

Paragraph 7 requires the Board to provide the information pack in an alternative format where this is reasonably requested.

Paragraph 8 provides that the closing date for applications must be set out wherever the vacancy is publicised and is not to be changed unless the Board considers it to be necessary.

Paragraphs 9 and 15(b) provide that a person who is independent of the Board must oversee and record his level of satisfaction with the appointment process.

Paragraphs 10 to 15 and 17 set out requirements that the Board must follow in relation to short-listing, final selection of applicants and publication of any appointment.

Paragraph 16 provides that the Board is not obliged to appoint one of the applicants, and may initiate a new appointment process if no applicant is considered to be suitable.

Paragraph 18 requires the Board to carry out all aspects of the appointment process in a manner that applies certain principles, taking into account the description of these principles in The Commissioner for Public Appointments Code of Practice For Ministerial Appointments To Public Bodies published in December 2003.

As these Regulations are made before the expiry of the period of six months beginning with the coming into force of the provisions of the Pensions Act 2004 by virtue of which they are made, the requirement for the Secretary of State to consult such persons as he considers appropriate does not apply.

A full regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of business.