SCHEDULES

SCHEDULE 3 Corresponding minor amendments to other pensions enactments

Part III Amendments of Northern Ireland Provisions

Appeals

7

1

The following enactments (which correspond to section 15 of the 1981 Act) shall cease to have effect, that is to say—

a

section 116(6) of the 1959 Act;

b

section 14 of the 1960 Act;

c

paragraph 6(4) of Schedule 10 to the 1975 Act.

2

The section set out in sub-paragraph (3) below shall be inserted—

a

numbered as section 132A, after section 132 of the 1959 Act;

b

numbered as section 21A, after section 21 of the 1960 Act.

3

The section inserted by sub-paragraph (2) above is as follows—

0 Appeals.

1

If any person to whom this section applies is aggrieved by any decision taken by the administrators of a relevant pension scheme concerning—

a

the interpretation of the rules of the scheme, or

b

the exercise of any discretion under the scheme,

he shall have a right of appeal to the Lord Chancellor against that decision.

2

On deciding an appeal under this section, the Lord Chancellor may give to the administrators such directions as he considers necessary or expedient for implementing his decision.

3

The persons to whom this section applies are the following—

a

any member of the scheme;

b

the widow or widower, or any surviving dependant, of a deceased member of the scheme;

c

where the decision relates to the question—

i

whether a person who claims to be such a person as is mentioned in paragraph (a) or (b) is such a person, or

ii

whether a person who claims to be entitled to become a member of the scheme is so entitled,

the person so claiming.

4

The Lord Chancellor may by regulations make provision as to the manner in which, and time within which, appeals under this section are to be brought.

5

Regulations made under this section shall be subject to annulment in like manner as a statutory instrument and section 5 of the Statutory Instruments Act 1946 shall apply accordingly.

6

The administrators shall be entitled to appear and be heard on any appeal under this section.

7

In this section—

  • “the administrators”, in relation to a pension scheme, means the persons entrusted with the administration of the scheme;

  • “member”, in relation to a pension scheme, means a person whose service in an office is, was or is to be subject to the scheme;

  • “relevant pension scheme” means any pension scheme constituted under or by virtue of this Act;

  • “rules”, in relation to a relevant pension scheme, means the provisions of this Act, and of any regulations or orders made under this Act, so far as relating to that scheme.

4

A paragraph in the same terms as the section set out in sub-paragraph (3) above, but with the substitution of the words “ this paragraph ” for the words “this section”, wherever occurring, shall be inserted, numbered as paragraph 7B, after paragraph 7A of Schedule 10 to the 1975 Act.