Pension Schemes Act 1993

120 Members' powers to apply to court to enforce duty under s. 119

(1) If—

(a) section 119 applies in relation to a scheme; but

(b) the practitioner or official receiver neglects or refuses to discharge any duty imposed on him by subsection (2) of that section in relation to the scheme,

any member of the scheme may apply to the appropriate court for an order requiring him to discharge his duties under that subsection.

(2) In subsection (1) “the appropriate court” means—

(a) if the employer in question is a company—

(i) where a winding-up order has been made or a provisional liquidator appointed, the court which made the order or appointed the liquidator;

(ii) in any other case, any court having jurisdiction to wind up the company; and

(b) in any other case—

(i) in England and Wales, the court (as defined in section 385 of the [1986 c. 45.] Insolvency Act 1986); or

(ii) in Scotland, where a sequestration has been awarded or, by virtue of the proviso to section 13(1) of the [1985 c. 66.] Bankruptcy (Scotland) Act 1985 (petition presented by creditor or trustee acting under trust deed) an interim trustee has been appointed, the court which made the award or appointment and, if no such award or appointment has been made, any court having jurisdiction under section 9 of that Act.

(3) In this section “interim trustee” and “company” have the same meanings as in section 119.