The Pensions Compensation Board (Determinations and Review Procedure) Regulations 1997

Explanatory Note

(This note is not part of the Regulations)

The Pensions Compensation Board (“the Board”) is established under section 78(1) of the Pensions Act 1995. These Regulations make provision as to the procedure to be adopted on any determination by the Board or on any review by the Board of such a determination.

Part I provides for the citation, commencement and interpretation of the Regulations.

Part II concerns the procedure to be adopted by the Board on determinations. It makes provision concerning the acknowledgment of applications and their withdrawal; the applicant’s death; the holding of oral hearings; and notification by the Board of their decisions.

Part III concerns the review by the Board of their determinations. It makes provision as to the manner in which applications are to be made and their acknowledgment; the withdrawal of applications; the applicant’s death; notification of the decision to review or not to review, and of the time, place and manner in which a review will be conducted; the making available of relevant documents; the composition of the Board when they conduct a review; the holding of oral hearings; and notification by the Board of their decisions.

Part IV contains certain provisions common to Parts II and III. They concern persons acting on behalf of others; the extension of time limits; failure to comply with any provision of the Regulations; the sending of documents; and publication of the Board’s decisions.

An assessment of the compliance cost for employers of the measures arising from the Pensions Act 1995, including regulations, has been placed in the libraries of both Houses of Parliament. Copies can be obtained by post from the Department of Social Security, Pensions and National Insurance Directorate, The Adelphi, 1—11 John Adam Street, London WC2N 6HT.