The Pensions Regulator Tribunal Rules 2005

Regulator’s statement of case

5.—(1) The Regulator shall file a written statement (“a statement of case”) in support of the Regulator’s determination so that it is received by the Tribunal no later than 28 days after the day on which the Regulator received the information sent by the Secretary in accordance with rule 4(9)(b).

(2) The statement of case shall—

(a) specify the statutory provisions providing for the Regulator’s determination;

(b) specify the reasons for the Regulator’s determination;

(c) set out all the matters and facts relied upon to support the Regulator’s determination; and

(d) specify the date on which the statement of case is filed.

(3) The statement of case shall be accompanied by—

(a) a list of—

(i) the documents relied upon in support of the Regulator’s determination; and

(ii) the further material which in the opinion of the Regulator might undermine the decision to take that action; and

(b) a copy of the determination notice (standard procedure) or final notice (special procedure) if not filed by the applicant under rule 4(4).

(4) At the same time as it files the statement of case, the Regulator shall send to the applicant a copy of the statement of case and a copy of the list referred to in paragraph (3)(a).

(5) If at any time the Regulator amends the statement of case, it shall file the amendments and at the same time send a copy to the applicant.

(6) The Regulator may include an application for directions with the statement of case.