(1)Where the Pensions Ombudsman has conducted an investigation under this Part he shall send a written statement of his determination of the complaint or dispute in question—
[F1(a)to the person by whom, or on whose behalf, the complaint or reference was made, and]
[F1(b)to any person (if different) responsible for the management of the scheme to which the complaint or reference relates]F2...
F2[F3(c)]. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
and any such statement shall contain the reasons for his determination.
(2)Where the Pensions Ombudsman makes a determination under this Part or under any corresponding legislation having effect in Northern Ireland, he may direct [F4any person responsible for the management of the scheme to which the complaint or reference relates] to take, or refrain from taking, such steps as he may specify in the statement referred to in subsection (1) or otherwise in writing.
(3)Subject to subsection (4), the determination by the Pensions Ombudsman of a complaint or dispute, and any direction given by him under subsection (2), shall be final and binding on—
[F5(a)the person by whom, or on whose behalf, the complaint or reference was made,]
[F5(b)any person (if different) responsible for the management of the scheme to which the complaint or reference relates,] [F6and]
F7(ba). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8(bb). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F5(c)any person claiming under a person falling within [F9paragraph (a) or (b)] F10...]
(4)An appeal on a point of law shall lie to the High Court or, in Scotland, the Court of Session from a determination or direction of the Pensions Ombudsman at the instance of any person falling within paragraphs (a) to (c) of subsection (3).
(5)Any determination or direction of the Pensions Ombudsman shall be enforceable—
(a)in England and Wales, in [F11the county court] as if it were a judgment or order of that court, and
(b)in Scotland, [F12in like manner as an extract registered decree arbitral bearing warrant for execution issued by the sheriff court of any sheriffdom in Scotland.]
(6)If the Pensions Ombudsman considers it appropriate to do so in any particular case, he may publish in such form and manner as he thinks fit a report of any investigation under this Part and of the result of that investigation.
(7)For the purposes of the law of defamation, the publication of any matter by the Pensions Ombudsman—
(a)in submitting or publishing a report under section 145(6) or subsection (6) of this section
[F13(aa)in disclosing any information under section 149(5)], or
(b)in sending to any person a statement under subsection (1) or a direction under subsection (2),
shall be absolutely privileged.
Textual Amendments
F1S. 151(1)(a)(b) substituted (6.4.1997) by Pensions Act 1995 (c. 26), ss. 157(9), 180(1); S.I. 1997/664, art. 2(3), Sch. Pt. 2
F2S. 151(1)(c) and word repealed (6.4.2005) by Pensions Act 2004 (c. 35), ss. 276(2)(f), 322(1), Sch. 13 Note; S.I. 2005/275, art. 2(7), Sch. Pt. 7
F3S. 151(1)(c) and word inserted (1.3.2002 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 54(7), 86(1)(b)(2) (with ss. 54(9), 83(6)); S.I. 2002/437, art. 3(1)(g)
F4Words in s. 151(2) substituted (6.4.1997) by Pensions Act 1995 (c. 26), ss. 157(10), 180(1); S.I. 1997/664, art. 2(3), Sch. Pt. 2
F5S. 151(3)(a)(b)(c) substituted (6.4.1997) by Pensions Act 1995 (c. 26), ss. 157(11), 180(1); S.I. 1997/664, art. 2(3), Sch. Pt. 2
F6S. 151(3)(ba)(bb) substituted for word (1.3.2002 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 54(8), 86(1)(b)(2) (with ss. 54(9), 83(6)); S.I. 2002/437, art. 3(1)(g)
F7S. 151(3)(ba) repealed (6.4.2005) by Pensions Act 2004 (c. 35), ss. 276(2)(g), 322(1), Sch. 13 Note; S.I. 2005/275, art. 2(7), Sch. Pt. 7
F8S. 151(3)(bb) repealed (6.4.2005) by Pensions Act 2004 (c. 35), ss. 276(2)(g), 322(1), Sch. 13 Note; S.I. 2005/275, art. 2(7), Sch. Pt. 7
F9Words in s. 151(3)(c) substituted (1.3.2002 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 54(8), 86(1)(b)(2) (with ss. 54(9), 83(6)); S.I. 2002/437, art. 3(1)(g)
F10Words in s. 151(3)(c) repealed (6.4.2005) by Pensions Act 2004 (c. 35), ss. 276(2)(h), 322(1), Sch. 13 Note; S.I. 2005/275, art. 2(7), Sch. Pt. 7
F11Words in s. 151(5)(a) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F12Words in s. 151(5)(b) substituted (6.4.1997) by Pensions Act 1995 (c. 26), s. 180(1), Sch. 6 para. 8; S.I. 1997/664, art. 2(3), Sch. Pt. 2
F13S. 151(7)(aa) inserted (6.4.1997) by Pensions Act 1995 (c. 26), ss. 159(2), 180(1); S.I. 1997/664, art. 2(3), Sch. Pt. 2
Commencement Information
I1Ss. 1-187 in force at 7.2.1994 by S.I. 1994/86, art. 2