The Financial Assistance Scheme (Internal Review) Regulations 2005

Notice of an application for the review of a reviewable determination U.K.

8.—(1) Subject to paragraph (3), as soon as practicable after [F1 its] receipt of an application for a review of a reviewable determination, the scheme manager must—

(a) send a written acknowledgement of [F1 its] receipt of the application to the person making the application; and

(b) in a case where the application relates to scheme notification or scheme eligibility—

(i) issue a notice to the effect that [F2 it] has received the application to—

(aa) the person who supplied the details referred to in regulation 14(1) or (3) of the FAS Regulations to the scheme manager in respect of the occupational pension scheme to which the application relates; or

(bb) where that scheme has not completed winding up, the trustees [F3 or managers] of the scheme if the scheme manager is not already required to issue a notice to those trustees [F3 or managers] under sub-paragraph (b)(i)(aa);

(ii) take reasonable steps to publicise to any interested person, other than the person who made the application, the fact that the application has been made and the date by which written representations must be received by the scheme manager from any such person in connection with the application; and

(iii) make a copy of the application available for inspection by any interested person.

(2) An acknowledgement sent by the scheme manager under paragraph (1)(a), or a notice issued by the scheme manager under paragraph (1)(b), must—

(a) in a case where regulation 7(1) applies, state that the scheme manager has decided to combine the application with other applications received by [F4 it] which are made on the same or substantially the same grounds and are supported by the same or substantially the same evidence and that [F5 it] will give a single review decision in respect of them; and

(b) in a case where regulation 7(2) applies—

(i) state that the scheme manager has given a review decision in respect of the application on the basis of a review decision given by [F4 it] in relation to another application or other applications made on the same or substantially the same grounds and supported by the same or substantially the same evidence as that application; and

(ii) enclose a copy of the review decision given in respect of the application.

(3) Paragraph (1)(a) does not apply where, in any case, the person making the application is either—

(a) the person who supplied the details referred to in regulation 14(1) or (3) of the FAS Regulations to the scheme manager in respect of the occupational pension scheme to which the application relates; or

(b) the trustees [F3 or managers] of that scheme if it was winding up at the time at which the application was made.

Textual Amendments

F1 Word in reg. 8(1) substituted (10.7.2009) by The Financial Assistance Scheme (Miscellaneous Provisions) Regulations 2009 (S.I. 2009/1851), regs. 1, 33(7)

F2 Word in reg. 8(1)(b)(i) substituted (10.7.2009) by The Financial Assistance Scheme (Miscellaneous Provisions) Regulations 2009 (S.I. 2009/1851), regs. 1, 33(6)(b)

F3 Words in reg. 9 inserted (24.11.2005) by The Financial Assistance Scheme (Modifications and Miscellaneous Amendments) Regulations 2005 (S.I. 2005/3256), regs. 1(1), 5(4)

F4 Word in reg. 8(2) substituted (10.7.2009) by The Financial Assistance Scheme (Miscellaneous Provisions) Regulations 2009 (S.I. 2009/1851), regs. 1, 33(8)

F5 Word in reg. 8(2)(a) substituted (10.7.2009) by The Financial Assistance Scheme (Miscellaneous Provisions) Regulations 2009 (S.I. 2009/1851), regs. 1, 33(6)(b)

Commencement Information

I1 Reg. 8 in force at 20.7.2005, see reg. 1(1)