Personal and Occupational Pension Schemes (Pensions Ombudsman) Regulations 1996

JurisdictionUK Non-devolved
CitationSI 1996/2475
Year1996
(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 1993
  • For the purposes of section 146(7) of the 1993 Act (persons who are actual or potential beneficiaries) a person shall be regarded as a member of a scheme if he is, or has been, entitled to the payment of benefits under it.
  • (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.(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.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; andit is reasonable in the circumstances that he should investigate and determine the complaint or dispute.(1) The Pensions Ombudsman shall not investigate or determine any complaint or dispute which can be F15(and is in fact) dealt with under the compulsory jurisdiction of the ombudsman scheme provided for by Part 16 of the Financial Services and Markets Act 2000, other than a complaint or dispute relating to the management of a personal pension scheme.

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