The Pension Protection Fund (Reference of Reviewable Matters to the PPF Ombudsman) Regulations 2005

Time and place of oral hearings E+W+S

11.—(1) If the PPF Ombudsman decides that it is appropriate to hold an oral hearing in connection with his investigation of a reference of a reviewable matter made to him, he must fix the time and place of the hearing, having due regard to any representations made to him by the referring party and the Board about the time and place that would be convenient for them.

(2) The PPF Ombudsman must send a notice of the time and place to—

(a) each party to the reference;

(b) a person notified of the reference under regulation 5(1)(b); and

(c) any other person the PPF Ombudsman considers appropriate.

(3) The notice—

(a) must be sent not later than 21 days before the date of the hearing or by such later time as each party to the reference agrees; and

(b) may be given in such manner and take such form as the PPF Ombudsman considers appropriate.

(4) The PPF Ombudsman must include with the notice a statement explaining—

(a) the purpose of the hearing;

(b) the rights of each party to the reference, or of any person notified of the reference under regulation 5(1)(b), to—

(i) make oral representations at the hearing;

(ii) call witnesses at the hearing to give evidence that is relevant to the matter being investigated; and

(iii) send written representations to the PPF Ombudsman not later than 14 days before the date of the hearing if they do not intend to attend the hearing;

(c) that any person notified of the hearing may appoint a person to act on his behalf; and

(d) that if a party to the reference or a person notified of the reference under regulation 5(1)(b) fails to—

(i) attend the hearing; or

(ii) send written representations to the PPF Ombudsman at least 14 days before the date of the hearing,

the PPF Ombudsman may decide the matter without providing a further opportunity for that person to make oral or written representations in respect of it.

(5) If the PPF Ombudsman considers it to be necessary to alter the time or location of the hearing, he must give the persons specified in paragraph (2) notice of the alteration not less than seven days before—

(a) the date on which the hearing was to have taken place; or

(b) if it is earlier, the date on which it is to take place after the alteration,

or at such later time as each party to the reference may agree.

(6) The PPF Ombudsman may, if he considers it necessary, adjourn the hearing.

(7) In any case where the hearing is so adjourned, no further notice need be given by the PPF Ombudsman under this regulation if the time and place at which the hearing will be reconvened are announced before the adjournment.