Part 1The Pensions Regulator

References to a tribunal

103References F1in relation to decisions of Regulator

F2(1)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3(2A)

This section applies to references to a tribunal in relation to a decision of the Regulator.

(3)

On a reference, F4the tribunal concerned may consider any evidence relating to the subject-matter of the reference, whether or not it was available to the Regulator at the material time.

(4)

On a reference, F5the tribunal concerned must determine what (if any) is the appropriate action for the Regulator to take in relation to the matter referred to F6it .

(5)

On determining a reference, F7the tribunal concerned must remit the matter to the Regulator with such directions (if any) as F8it considers appropriate for giving effect to its determination.

(6)

Those directions may include directions to the Regulator—

(a)

confirming the Regulator’s determination and any order, notice or direction made, issued or given as a result of it;

(b)

to vary or revoke the Regulator’s determination, and any order, notice or direction made, issued or given as a result of it;

(c)

to substitute a different determination, order, notice or direction;

(d)

to make such savings and transitional provision as the F9tribunal concerned considers appropriate.

(7)

The Regulator must act in accordance with the determination of, and any direction given by, the F10tribunal concerned (and accordingly sections 96 to 99 (standard and special procedure) do not apply).

(8)

The F10tribunal concerned may, on determining a reference, make recommendations as to the procedure followed by the Regulator or the Determinations Panel.

(9)

An order of the F10tribunal concerned may be enforced—

(a)

as if it were an order of F11the county court, or

(b)

in Scotland, as if it were an order of the Court of Session.