The Pension Protection Fund (Review and Reconsideration of Reviewable Matters) Regulations 2005
| Year | 2005 |
2005No. 669
PENSIONS
The Pension Protection Fund (Review and Reconsideration of Reviewable Matters) Regulations 2005
10thMarch2005
16thMarch2005
6thApril2005
The Secretary of State for Work and Pensions, in exercise of the powers conferred upon him by sections 207, 315(2), (4) and (5) and 318(1) of the Pensions Act 2004( 1) , and of all other powers enabling him in that behalf, after consultation with the Council on Tribunals in accordance with section 8 of the Tribunals and Inquiries Act 1992( 2), by this instrument, which contains regulations made before the end of the period of six months beginning with the coming into force of the provisions of the Act by virtue of which they are made( 3), hereby makes the following Regulations:
Citation, commencement and interpretation
1. - (1) These Regulations may be cited as the Pension Protection Fund (Review and Reconsideration of Reviewable Matters) Regulations 2005 and shall come into force on 6th April 2005.
(2) In these Regulations -
"the Act" means the Pensions Act 2004;
"employer", in relation to an occupational pension scheme that has no active members, includes every person who was the employer of persons in the description of employment to which the scheme relates immediately before the time at which the scheme ceased to have any active members in relation to it.
"employer", in relation to a multi-employer scheme, or a section of a multi-employer scheme, includes -
(a) in the case of a scheme that has no active members, every person who was the employer of persons in the description of employment to which the scheme, or section, relates immediately before the time at which the scheme, or section, ceased to have any active members in relation to it unless, after that time - (i) a debt under section 75 of the Pensions Act 1995( 4) (deficiencies in the assets) becomes due from that person to the scheme, or section; and(ii) either - (aa) the full amount of the debt has been paid by that person to the trustees or managers of the scheme, or section, or(bb) in circumstances where a legally enforceable agreement has been entered into between that person and the trustees or managers of the scheme, or section, the effect of which is to reduce the amount which is payable in respect of the debt, the reduced amount of the debt has been paid in full by that person to those trustees or managers; and(b) in any other case, any person who has ceased to be the employer of persons in the description of employment to which the scheme, or section, relates unless - (i) at the time when he so ceased, the scheme, or section was not being wound up and continued to have active members in relation to it; and(ii) a debt under section 75 of the Pensions Act 1995 became due at that time from that person to the scheme, or section, and either - (aa) the full amount of the debt has been paid by that person to the trustees or managers of the scheme, or section, or(bb) in circumstances where a legally enforceable agreement has been entered into between that person and the trustees or managers of the scheme, or section, the effect of which is to reduce the amount which is payable in respect of the debt, the reduced amount of the debt has been paid in full by that person to those trustees or managers;"interested person", unless the context otherwise requires, means, in relation to a reviewable matter specified in any paragraph in column 1 of the Schedule, the person prescribed in relation to that matter in the corresponding paragraph in column 2 or, as the case may be, a representative of that person appointed under regulation 28.
Duty to give a review decision
2. The Board must give a review decision on any reviewable matter on the written application of an interested person.
Time for making an application for a review decision
3. - (1) Subject to paragraph (2), any application for a review decision on any reviewable matter must be made -
(a) in the case of an application concerning the approval of a valuation under section 144(2)(a) of the Act (approval of valuation), by sending it to the Board before the end of a period of two months beginning with the date on which the trustees or managers of the scheme provide a summary of the valuation to members of the scheme in accordance with regulations made under section 203(1)(b)(ii) (provision of information to members of schemes etc);(b) in the case of an application concerning the determination of a person's entitlement to compensation under section 162 of the Act (the pension compensation provisions), at any time after the determination is made;(c) in all other cases, by sending it to the Board before the end of a period of 28 days beginning with the date on which the Board issues the determination, direction or other decision in respect of the reviewable matter.(2) Subject to paragraph (3) where the circumstances of a case are such that, in the opinion of the Board, it is reasonable for an application to be made after the end of the period specified in paragraph (1)(a) or (c), the Board must give a review decision if the application is made within such further period as the Board considers to be reasonable.
(3) Paragraph (2) shall not apply to -
(a) the issue of a notice under section 122 (insolvency practitioner's duty to issue notices confirming status of scheme) by virtue of section 124 (Board's duty where there is a failure to comply with section 122);(b) the issue of a determination notice under section 123(4) (approval of notices issued under section 122);(c) the issue of - (i) a scheme failure notice under section 130(2) (Board's duty where application or notification received under section 129); or(ii) a withdrawal notice under section 130(3);(d) the issue of a notice under section 136(2) (power to validate contraventions under section 135);(e) the approval of the valuation under section 144(2)(a) (approval of valuation);(f) the issue of a withdrawal notice under section 146(2)(a) (schemes which become eligible schemes);(g) the issue of a withdrawal notice under section 147(2)(a) (new schemes created to replace existing schemes);(h) the issue of a withdrawal notice under section 148(3) or (4) (withdrawal following issue of section 122(4) notice);(i) the issue of a determination notice under section 152(3) (duty to assume responsibility following reconsideration); or(j) the issue of a determination notice under section 153(6) (closed schemes).Matters to be addressed or included in an application for a review decision
4. - (1) An application for a review decision on any reviewable matter must include -
(a) the name and address of the interested person making the application;(b) the date on which any - (i) determination;(ii) direction; or(iii) other decision,was issued by the Board;
(c) the grounds on which the application is made;(d) in the case of a representative, the name and address of the person represented by him.(2) An application must be signed and dated by the interested person.
Notice of an application for a review decision
5. On receipt of an application made under regulation 3 the Board must, if it is of the opinion that an interested person other than the person making the application may be materially affected by the review decision, notify that person -
(a) that an application has been received; and(b) of the grounds on which the application has been made.Review decisions other than on an application
6. - (1) The Board may give a review decision in respect of a reviewable matter otherwise than on an application.
(2) Paragraph (1) does not apply to any reviewable matter specified in sub-paragraphs (a) to (j) of regulation 3(3) in respect of which there has been any determination, direction, or other decision which has become binding by virtue of or under the Act.
Notice of reviews other than on application
7. - (1) Where the Board decides to give a review decision in respect of a reviewable matter under regulation 6(1) it must notify any interested person.
(2) For the purposes of paragraph (1) an interested person means a person who, in the opinion of the Board, may be materially affected by the review decision or, as the case may be, the representative of that person appointed under regulation 28.
Provision of written representations to the Board
8. - (1) Subject to paragraph (2) -
(a) an interested person notified by the Board under regulation 5 of an application for a review decision on any reviewable matter; or(b) an interested person notified under regulation 7(1),may make written representations to the Board in respect of that matter.
(2) Any representations made under paragraph (1) must be received by the Board by such time as the Board may reasonably require.
Matters to be considered in giving a review decision
9. - (1) In giving a review decision under regulation 2 the Board must take into account -
(a) any information or documentation provided by the interested person making the application;(b) any representations made by an interested person in accordance with regulation 8(1)(a);(c) any other matters that appear to it to be relevant, including any relevant change of circumstances since the determination, direction or other decision was made or the failure occurred.(2) In giving a review decision under regulation 6(1) the Board must take into account -
(a) any representations made by an interested person in accordance with regulation 8(1)(b);(b) any other matters that appear to it to be relevant, including any relevant change of circumstances since the determination, direction or other decision was made or the failure occurred.Time for giving review decision
10. - (1) Subject to paragraph (2) the Board must give a review decision under regulation 2 before the end of a period of 28 days beginning with -
(a) the date on which it receives the application for a review decision; or(b) the last date by which any documents or information that the Board has required a person to...To continue reading
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