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

Combining references E+W+S

17.—(1) Where—

(a) two or more references of a reviewable matter are made to the PPF Ombudsman in connection with the same reviewable matter; and

(b) the references are made on the same or substantially the same grounds and are supported by the same or substantially the same evidence,

for the purposes of these Regulations, he may treat them as a single reference and make a single determination with directions, and references in these Regulations to the reference are to be read accordingly.

(2) Such a single determination may relate to all the references or the PPF Ombudsman may—

(a) treat one or more of the references as representative of them all; and

(b) make a single determination with directions relating to the representative reference or references.

(3) Where a reference of a reviewable matter (“the first reference”) has been determined under these Regulations, the PPF Ombudsman may make determinations and give directions on the same basis in respect of other references if they are made on the same or substantially the same grounds and supported by the same or substantially the same evidence as the first reference.

(4) For the purposes of paragraph (3), it does not matter whether the other references were made before or after the first reference.

(5) Where it appears to the PPF Ombudsman appropriate to do so, he may include in one determination—

(a) his determination of a reference under these Regulations; and

(b) his determination of a matter referred by virtue of regulations made under section 214 of the Act (investigation by the PPF Ombudsman of complaints of maladministration).

(6) If the PPF Ombudsman proposes to exercise the powers under paragraph (1), (2), (3) or (5) he must notify the relevant persons of the proposal and of those persons' rights under paragraph (8).

(7) The notification under paragraph (6) may be made in such manner and take such form as the PPF Ombudsman considers appropriate.

(8) Any relevant person may make written representations to the PPF Ombudsman before the end of the period of 14 days beginning with the day on which the relevant persons are notified under paragraph (6), objecting to the proposal as respects the reference in relation to which he is a relevant person.

(9) On receiving such representations about a reference, the PPF Ombudsman—

(a) must consider them; and

(b) if he considers that it is appropriate to exercise the powers in question in relation to the reference in the way proposed in the notification, give his reasons in writing to the relevant person making the representations.

(10) For the purposes of this regulation, a person is a relevant person in relation to a reference if he is—

(a) the applicant;

(b) the Board; or

(c) a person notified under regulation 5(1)(b) in respect of the reference or required to be so notified.