The Pension Protection Fund Ombudsman
Section 209: The Ombudsman for the Board of the Pension Protection Fund
776.This section provides for the creation of the Ombudsman for the Board of the Pension Protection Fund (“PPF Ombudsman”). Subsection (2) requires the Secretary of State to appoint the PPF Ombudsman on such terms and conditions as he determines. Subsection (4) provides that the Secretary of State may (by subordinate legislation) make provision for payment of the PPF Ombudsman (e.g. pensions, expenses, salary and reimbursement of expenses). The subordinate legislation will also make provision in relation to staff, delegation of functions to staff, charging fees and powers to obtain information and documents required to perform the PPF Ombudsman’s functions. The costs incurred under the subordinate legislation made under subsection (4) are to be paid to the PPF Ombudsman by the Secretary of State out of the money provided by Parliament, in accordance with subsection (6). Subsection (7) provides for the imposition of a levy in respect of eligible schemes (section 126) (eligible schemes) for the purpose of reimbursing the Secretary of State’s expenditure under subsection (6). Where the levy is imposed under subsection (7) some provisions in section 117 (administrative levy) apply.
Section 210: Deputy PPF Ombudsman
777.This section provides for the Secretary of State to appoint one or more persons to act as deputy to the PPF Ombudsman. Subsection (2) requires the Secretary of State to determine the terms and conditions on which any deputy PPF Ombudsman is appointed. Subsection (4) sets out the circumstances in which a Deputy PPF Ombudsman may carry out the functions of the PPF Ombudsman. The circumstances are:
where there is a vacancy in that office;
at any time when the PPF Ombudsman is for any reason unable to discharge his functions; and
at any other time, with the consent of the Secretary of State (such as when the PPF Ombudsman’s workload means the assistance of a Deputy is appropriate).
Section 211: Status etc of the PPF Ombudsman and deputies
778.Subsections (1) and (2) disqualify the PPF Ombudsman and any deputy from being either a member of the House of Commons or a Member of the Northern Ireland Assembly. Subsection (3) applies section 1 of the Superannuation Act 1972 to the PPF Ombudsman, his staff and any deputies. This allows them to have access to a civil service pension. Subsection (4) requires the PPF Ombudsman to pay to the Minister for the Civil Service sums attributable to those pensions. Subsection (5) provides an avenue for complaints of alleged maladministration against the staff of the PPF Ombudsman. Such complaints will be dealt with by the Parliamentary Ombudsman.
Section 212: Annual reports to Secretary of State
779.This section requires the PPF Ombudsman to prepare an annual report on the discharge of his functions. The report is to be sent to the Secretary of State as soon as practicable after the end of the relevant financial year. The Secretary of State must then arrange for the report to be published.
