Personal and Occupational Pension Schemes (Pensions Ombudsman) Regulations 1996
| Year | 1996 |
1996 No. 2475
PENSIONS
The Personal and Occupational Pension Schemes(Pensions Ombudsman) Regulations 1996
Made 25th September 1996
Laid before Parliament 2nd October 1996
Coming into force 6th April 1997
The Secretary of State for Social Security, in exercise of the powers conferred by sections 146(4) and (6)(b) and (c), 151A, 181(1) and 182(2) and (3) of the Pension Schemes Act 19931, and of all other powers enabling him in that behalf, after agreement by the Occupational Pensions Board that proposals to make these Regulations should not be referred to them2, by this instrument, which contains regulations which are consequential upon sections 157 and 160 of the Pensions Act 1995, hereby makes the following Regulations:
Citation, commencement and interpretation
1.—(1) These Regulations may be cited as the Personal and Occupational Pension Schemes (Pensions Ombudsman) Regulations 1996 and shall come into force on 6th April 1997.
(2) In these Regulations—
“the 1993 Act” means the Pension Schemes Act 19933;
“the 1995 Act” means the Pensions Act 19954;
“administrator” means any person, other than a person responsible for the management of an occupational or a personal pension scheme within the meaning of section 146(3) and (3A) of the 1993 Act, concerned with the administration of the scheme;
“actual or potential beneficiaries” has the same meaning as in section 146(7) of the 1993 Act;
“complaint” means a complaint falling within section 146(1)(a) or (b) of the 1993 Act (complaint of maladministration); and
“dispute” means a dispute falling within section 146(1)(c) or (d) of the 1993 Act (disputes of fact or law).
Jurisdiction in relation to administrators
2.—(1) The Pensions Ombudsman may investigate and determine a complaint concerning the administration of a personal or an occupational pension scheme made to him by or in respect of an actual or potential beneficiary of the scheme who alleges that he has sustained injustice in consequence of maladministration in connection with an act or omission of an administrator of the scheme.
(2) Where the Pensions Ombudsman commences an investigation under paragraph (1) above, the provisions of Part X of the 1993 Act (the Pensions Ombudsman) shall apply in relation to the administrator as they would apply in relation to a person responsible for the management of the scheme.
Exclusion from jurisdiction: Use of internal disputes procedure
3.—(1) In a case to which section 50 of the 1995 Act applies (internal dispute resolution), the Pensions Ombudsman shall not, subject to paragraph (2) below, investigate or determine a complaint or dispute concerning an occupational pension scheme unless written notice of a decision in respect of that complaint or dispute has first been issued by the trustees or managers of the scheme under the arrangements required by section 50(2)(b) of that Act.
(2) Where, in a case to which section 50 of the 1995 Act applies, an application concerning a complaint or dispute has been made to an occupational pension scheme under the arrangements required by that section, the Pensions Ombudsman may investigate and determine that complaint or dispute in advance of written notice of a decision being issued in respect of it under section 50(2)(a) or (b) of that Act provided he is satisfied that—
(a)
(a) there is no real prospect of a notice being issued within a reasonable period from the date on which the complaint or dispute was received by him in writing; and
(b)
(b) it is reasonable in the circumstances that he should investigate and determine the complaint or dispute.
Exclusions from jurisdiction
4.—(1) The Pensions Ombudsman shall not investigate or determine any complaint or dispute which can be investigated by, or under arrangements made by—
(a)
(a) an organisation which is a recognised self-regulating organisation for the purposes of section 10 of the Financial Services Act 19865(grant of recognition by the Secretary of State), or
(b)
(b) a designated agency for the purposes of section 114 of the Financial Services Act 19866(power of Secretary of State to transfer functions to a designated agency),
other than a complaint or dispute relating to the management of a personal pension scheme.
(2) For the purposes of the investigation or determination of any complaint or dispute, the Pensions Ombudsman shall not make any findings of fact to the effect that a person responsible for the management of an occupational pension scheme has failed to comply with the requirements under the following provisions of the 1995 Act—
(a)
(a) sections 16 to 21 (requirement for member nominated trustees),
(b)
(b) sections 37 and 76 (payment of surplus or excess assets to the employer),
(c)
(c) section 40 (restriction on employer related investments),
(d)
(d) section 47(1)(a) and (b) (requirement to appoint professional advisers),
(e)
(e) section 49 (requirement to keep books and records),
(f)
(f) sections 56 to 61 (the minimum funding requirement and schedules of contributions), and
(g)
(g) sections 87 and 88 (requirement for money purchase schemes to keep schedules of payments).
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