http://www.legislation.gov.uk/ukpga/1993/49/section/142Pension Schemes (Northern Ireland) Act 1993 An Act to consolidate for Northern Ireland certain enactments relating to pension schemes, with corrections and minor improvements under the Consolidation of Enactments (Procedure) Act 1949.texttext/xmlenStatute Law Database2026-05-05Expert Participation2026-04-06 Part X Investigations: the Pensions Ombudsman Functions of the Pensions Ombudsman.1421The Pensions Ombudsman may investigate and determine the following matters—aa complaint made to him by or on behalf of an actual or potential beneficiary of an occupational or personal pension scheme who alleges that he has sustained injustice in consequence of maladministration in connection with any act or omission of a person responsible for the management of the scheme,ba complaint made to him—iby or on behalf of a person responsible for the management of an occupational pension scheme who in connection with any act or omission of another person responsible for the management of the scheme, alleges maladministration of the scheme, oriiby or on behalf of the trustees or managers of an occupational pension scheme who in connection with any act or omission of any trustee or manager of another such scheme, allege maladministration of the other scheme,and in any case falling within sub-paragraph (ii) references in this Part to the scheme to which the complaint relates are references to the other scheme referred to in that sub-paragraphbaa complaint made to him by or on behalf of an independent trustee of a trust scheme who, in connection with any act or omission which is an act or omission either—iof trustees of the scheme who are not independent trustees, oriiof former trustees of the scheme who were not independent trustees,alleges maladministration of the scheme,cany dispute of fact or law . . . in relation to an occupational or personal pension scheme between—ia person responsible for the management of the scheme, andiian actual or potential beneficiary,. . . anddany dispute of fact or law . . . between the trustees or managers of an occupational pension scheme and—ianother person responsible for the management of the scheme, oriiany trustee or manager of another such scheme,and in a case falling within sub-paragraph (ii) references in this Part to the scheme to which the reference relates are references to each of the schemes,any dispute not falling within paragraph (f) between different trustees of the same occupational pension scheme,any dispute, in relation to a time while Article 22 of the Pensions (Northern Ireland) Order 1995 (circumstances in which the Regulatory Authority may appoint an independent trustee) applies in relation to an occupational pension scheme, between an independent trustee of the scheme appointed under Article 23(1) of that Order and either—other trustees of the scheme, orformer trustees of the scheme who were not independent trustees appointed under Article 23(1) of that Order, andany question relating, in the case of an occupational pension scheme with a sole trustee, to the carrying out of the functions of that trustee.1AThe Pensions Ombudsman shall not investigate or determine any dispute or question falling within subsection (1)(c) to (g) unless it is referred to him—ain the case of a dispute falling within subsection (1)(c), by or on behalf of the actual or potential beneficiary who is a party to the dispute,bin the case of a dispute falling within subsection (1)(d), by or on behalf of any of the parties to the dispute,cin the case of a dispute falling within subsection (1)(e), by or on behalf of at least half the trustees of the scheme,din the case of a dispute falling within subsection (1)(f), by or on behalf of the independent trustee who is a party to the dispute,ein the case of a question falling within subsection (1)(g), by or on behalf of the sole trustee.1BFor the purposes of this Part any reference to or determination by the Pensions Ombudsman of a question falling within subsection (1)(g) shall be taken to be the reference or determination of a dispute.2Complaints and references made to the Pensions Ombudsman must be made to him in writing.3For the purposes of this Part, the following persons (subject to subsection (4)) are responsible for the management of an occupational pension scheme or a personal pension scheme—athe trustees or managers, andbthe employer;but, in relation to a person falling within one of those paragraphs, references in this Part to another person responsible for the management of the same scheme are to a person falling within the other paragraph.3A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4Regulations may provide that, subject to any prescribed modification or exceptions, this Part shall apply in the case of an occupational or personal pension scheme in relation to any prescribed person or body of persons where the person or body—ais not a trustee or manager or employer, butbis concerned with the financing or administration of, or the provision of benefits under, the scheme,as if for the purposes of this Part he were a person responsible for the management of the scheme.4AFor the purposes of subsection (4) a person or body of persons is concerned with the administration of an occupational or personal pension scheme where the person or body is responsible for carrying out an act of administration concerned with the scheme.5The Pensions Ombudsman may investigate a complaint or dispute notwithstanding that it arose, or relates to a matter which arose, before 1st October 1990 (the date on which the provisions under which his office was constituted came into force).6The Pensions Ombudsman shall not investigate or determine a complaint or dispute—aif, before the making of the complaint or the reference of the dispute—iproceedings in respect of the matters which would be the subject of the investigation have been begun in any court or industrial tribunal, andiithose proceedings are proceedings which have not been discontinued or which have been discontinued on the basis of a settlement or compromise binding all the persons by or on whose behalf the complaint or reference is made;bif the scheme is of a description which is excluded from the jurisdiction of the Pensions Ombudsman by regulations under this subsection; orcif and to the extent that the complaint or dispute, or any matter arising in connection with the complaint or dispute, is of a description which is excluded from the jurisdiction of the Pensions Ombudsman by regulations under this subsection.7The persons who, for the purposes of this Part are ' actual or potential beneficiaries'in relation to a scheme are—aa member of the scheme;bthe widow, widower or surviving civil partner, or any surviving dependant, of a deceased member of the scheme;baa person who is entitled to a pension credit as against the trustees or managers of the scheme;bba person who has given notice in accordance with section 8 of the Pensions (No. 2) Act (Northern Ireland) 2008 (right to opt out of membership of an automatic enrolment scheme);cwhere the complaint or dispute relates to the question—iwhether a person who claims to be such a person as is mentioned in paragraph (a), (b) , (ba) or (bb) is such a person, oriiwhether a person who claims to be entitled to become a member of the scheme is so entitled,the person so claiming.8In this Part—“employer”, in relation to a pension scheme, includes a person—who is or has been an employer in relation to the scheme, orwho is or has been treated under section 176(2) as an employer in relation to the scheme for the purposes of any provision of this Act, or under section 181(2) of the Pension Schemes Act 1993 as an employer in relation to the scheme for the purposes of any provision of that Act;“independent trustee”, in relation to a scheme, means—aa trustee of the scheme appointed under Article 23(1) of the Pensions (Northern Ireland) Order 1995 (appointment of independent trustee by the Regulatory Authority) ba person appointed under Article 7(1) of that Order to replace a trustee falling within paragraph (a) or this paragraph;“member”, in relation to a pension scheme, includes a person—who is or has been in pensionable service under the scheme, orwho is or has been treated under section 176(4) as a member in relation to the scheme for the purposes of any provision of this Act or under section 181(4) of the Pension Schemes Act 1993 as a member in relation to the scheme for the purposes of any provision of that Act;“trustees or managers”, in relation to a pension scheme which is a public service pension scheme or a United Kingdom public service pension scheme, includes the scheme’s administrators;“United Kingdom public service pension scheme” means a public service pension scheme as defined in section 181(1) of the Pension Schemes Act 1993;and in this subsection “pensionable service” includes pensionable service as defined in section 181(1) of the Pension Schemes Act 1993.S. 142(1)-(4) substituted (23.7.1996 for certain purposes otherwise 6.4.1997) by S.I. 1995/3213 (N.I. 22), art. 153(2); S.R. 1996/307, art. 2(a), Sch. Pt. I; S.R. 1997/192, art. 2(b)Words in s. 142(1) substituted (1.12.2000) by 2000 c. 4 (N.I.), s. 49(9)(a) (with s. 66(6)); S.R. 2000/374, art. 2(a), Sch. Pt. IWords in s. 142(1)(b) substituted (1.12.2000) by 2000 c. 4 (N.I.), s. 49(9)(b) (with s. 66(6)); S.R. 2000/374, art. 2(a), Sch. Pt. IS. 142(1)(ba) inserted (1.12.2000) by 2000 c. 4 (N.I.), s. 49(2) (with s. 66(6)); S.R. 2000/374, art. 2(a), Sch. Pt. IWords in s. 142(1)(c)(d) repealed (1.12.2000) by 2000 c. 4 (N.I.), ss. 49(9)(c), 67, Sch. 9 Pt. III(3) (with s. 66(6)); S.R. 2000/374, art. 2(a), Sch. Pt. IWords in s. 142(1)(d) and s. 142(1)(e)-(g) substituted (1.12.2000) for words in s. 142(1)(d) by 2000 c. 4 (N.I.), s. 49(3) (with s. 66(6)); S.R. 2000/374, art. 2(a), Sch. Pt. IS. 142(1A)(1B) inserted (1.12.2000) by 2000 c. 4 (N.I.), s. 49(4) (with s. 66(6)); S.R. 2000/374, art. 2(a), Sch. Pt. IWords in s. 142(3) inserted (1.12.2000) by 2000 c. 4 (N.I.), s. 49(5) (with s. 66(6)); S.R. 2000/374, art. 2(a), Sch. Pt. IS. 142(3A) repealed (1.12.2000) by 2000 c. 4 (N.I.), s. 67, Sch. 9 Pt. III(3) (with s. 66(6)); S.R. 2000/374, art. 2(a), Sch. Pt. IS. 142(6) modified (1.12.2000) by 2000 c. 4 (N.I.), s. 49(10) (with s. 66(6)); S.R. 2000/374, art. 2(a), Sch. Pt. IS. 142(6)(a) substituted (1.12.2000) by 2000 c. 4 (N.I.), s. 49(6) (with s. 66(6)); S.R. 2000/374, art. 2(a), Sch. Pt. IWords in s. 142(7) substituted (6.4.1997) by S.I. 1995/3213 (N.I. 22), art. 153(3); S.R. 1997/192, art. 2(b)S. 142(7)(ba) inserted (1.12.2000) by 2000 c. 4 (N.I.), s. 49(7)(a) (with s. 66(6)); S.R. 2000/374, art. 2(a), Sch. Pt. IWords in s. 142(7)(c)(i) substituted (1.12.2000) by 2000 c. 4 (N.I.), s. 49(7)(b) (with s. 66(6)); S.R. 2000/374, art. 2(a), Sch. Pt. I1993 c. 48. S. 142(8): definition of “independent trustee” inserted (1.12.2000) by 2000 c. 4 (N.I.), s. 49(8) (with s. 66(6)); S.R. 2000/374, art. 2(a), Sch. Pt. I1993 c. 48. 1993 c. 48. S. 142(7)(bb) inserted (30.6.2012) by Pensions (No. 2) Act (Northern Ireland) 2008 (c. 13), ss. 64(2), 118(1) (with s. 73); S.R. 2012/266, art. 2(b), Sch. Pt. 2Words in s. 142(8) substituted (6.4.2005) by The Pensions (Northern Ireland) Order 2005 (S.I. 2005/255 (N.I. 1), art. 1(2), Sch. 10 para. 19(c); S.R. 2005/48, art. 2(7), Sch. Pt. 7Pt. 10 restricted (1.4.2015) by The Health and Social Care Pension Scheme (Transitional and Consequential Provisions) Regulations (Northern Ireland) 2015 (S.R. 2015/122), regs. 1, 27(3)(a)(ii)Words in s. 142(7)(b) substituted (5.12.2005) by The Civil Partnership (Pensions and Benefit Payments) (Consequential, etc. Provisions) Order (Northern Ireland) 2005 (S.R. 2005/434), art. 1(3), Sch. para. 17S. 142(4A) inserted (6.4.2005) by The Pensions (Northern Ireland) Order 2005 (S.I. 2005/255 (N.I. 1), arts. 1(2), 252 (with art. 285(5)); S.R. 2005/48, art. 2(7), Sch. Pt. 7Words in s. 142(7)(c)(i) substituted (30.6.2012) by Pensions (No. 2) Act (Northern Ireland) 2008 (c. 13), ss. 64(3), 118(1) (with s. 73); S.R. 2012/266, art. 2(b), Sch. Pt. 2S. 142(1)(f) substituted (6.4.2005) by The Pensions (Northern Ireland) Order 2005 (S.I. 2005/255 (N.I. 1), art. 1(2), Sch. 10 para. 19(a); S.R. 2005/48, art. 2(7), Sch. Pt. 7