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The Financial Assistance Scheme (Internal Review) Regulations 2005

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This is the original version (as it was originally made).

Notice of a review decision or a subsequent review decision

This section has no associated Explanatory Memorandum

16.—(1) The scheme manager must issue a notice of a review decision given under regulation 4, 7(1) or 10—

(a)in a case where the reviewable determination relates to scheme notification or scheme eligibility—

(i)to—

(aa)the person who made the application for a review of a reviewable determination; or

(bb)where the occupational pension scheme to which the application relates has not completed winding up, the trustees of the scheme if the scheme manager is not already required to issue a notice to those trustees under sub-paragraph (a)(i)(aa); and

(ii)to any interested person who has had a copy of review decision made available to him for inspection by the scheme manager in accordance with paragraph (3)(b); and

(b)in a case where the reviewable determination relates to member eligibility or member assessment, to the person who made the application for a review decision.

(2) The scheme manager must issue a notice of a subsequent review decision given under regulation 7(2)—

(a)in a case where the reviewable determination relates to scheme notification or scheme eligibility—

(i)to—

(aa)the person who made the application for a review of a reviewable determination; or

(bb)where the occupational pension scheme to which the application relates has not completed winding up, the trustees of the scheme if the scheme manager is not already required to issue a notice to those trustees under sub-paragraph (a)(i)(aa); and

(ii)to any interested person who has had a copy of the notice of the subsequent review decision made available to him for inspection by the scheme manager in accordance with paragraph (3)(b); and

(b)in a case where the reviewable determination relates to member eligibility or member assessment, the person who made the application for a review of a reviewable determination.

(3) The scheme manager must also, in a case where the reviewable determination relates to scheme notification or scheme eligibility—

(a)take reasonable steps to publicise to any interested person, other than the person who made the application for a review of a reviewable determination, the fact that a review decision or a subsequent review decision has been made and about the right of any such person to appeal against that decision; and

(b)make a copy of the notice issued under paragraph (1) or (2) available for inspection by any interested person.

(4) A notice issued by the scheme manager under paragraph (1) or (2) must be in writing and must be accompanied by a copy of the review decision or the subsequent review decision to which it relates.

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