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

Procedure on receipt of a reference E+W+S

5.—(1) As soon as practicable after receiving a reference of a reviewable matter that is duly made in accordance with regulations 3(1) and 4, the PPF Ombudsman must—

(a) send a written acknowledgement of its receipt to each party to the reference; and

(b) if the PPF Ombudsman considers that a person other than a party to the reference may be significantly adversely affected by his determination in relation to the matter, notify that person—

(i) that a reference has been made;

(ii) of the grounds on which the reference has been made;

(iii) that the reference and any other documents relating to the reference that are sent to the PPF Ombudsman at any stage in the investigation of the reference, including any written representations made by the person under regulation 8, will be available for inspection at the offices of the PPF Ombudsman;

(iv) that such written representations will be copied to the applicant and the Board;

(v) of the person's rights under regulations 8 and 12; and

(vi) of the effect of regulation 16(5).

(2) The acknowledgement must state the date on which the reference was received.

(3) The acknowledgement sent to the applicant must include a statement—

(a) that any information or documents provided in support of the reference will be—

(i) copied to the Board;

(ii) made available for inspection by any person notified under paragraph (1)(b);

(b) of the applicant's rights under regulations 8 and 12; and

(c) of the effect of regulation 16(5).

(4) The acknowledgement sent to the Board must be accompanied by a notification of the grounds on which the reference has been made.

(5) A notification under this regulation must be made in writing, but subject to that may be made in such manner as the PPF Ombudsman considers appropriate.

(6) Unless paragraph (7) applies, as soon as practicable after receiving a reference that is not duly made in accordance with regulations 3(1) and 4 the PPF Ombudsman must inform the applicant that the reference was not duly made and that he will not be investigating the matter in question.

(7) This paragraph applies if—

(a) the reference is duly made in accordance with regulation 3(1) but not regulation 4;

(b) the PPF Ombudsman is satisfied that the reference can be amended by the applicant so that it is duly made in accordance with regulation 4 within such period as the PPF Ombudsman requests; and

(c) the reference is so amended.