The Pension Protection Fund (Review and Reconsideration of Reviewable Matters) Regulations 2005
| Jurisdiction | UK Non-devolved |
| Citation | SI 2005/669 |
| Year | 2005 |
(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 Board must give a review decision on any reviewable matter on the written application of an interested person. in the case of an application concerning F42the issue of a determination under section 143(2) (a) or 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 F5028 days beginning with the date on which the trustees or managers of the scheme provide F43a summary of the determination or 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) ;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;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.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) ;the issue of a determination notice under section 123(4) (approval of notices issued under section 122) ;a scheme failure notice under section 130(2) (Board's duty where application or notification received under section 129) ; ora withdrawal notice under section 130(3) ;the issue of a notice under section 136(2) (power to validate contraventions under section 135) ;a determination under section 143(2) (a) (whether condition in section 127(2) (a) or 128(2) (a) satisfied) ; ora notice under section 143(2A) (whether Board will make a determination or obtain an actuarial valuation) ;the approval of the valuation under section 144(2) (a) (approval of valuation) ;the issue of a withdrawal notice under section 146(2) (a) (schemes which become eligible schemes) ;the issue of a withdrawal notice under section 147(2) (a) (new schemes created to replace existing schemes) ;the issue of a withdrawal notice under section 148(3) or (4) (withdrawal following issue of section 122(4) notice) ;the issue of a determination notice under section 152(3) (duty to assume responsibility following reconsideration) ; the issue of a determination notice under section 153(6) (closed schemes) F25;...a determination under section 158(3) (a) (whether condition in section 158(1) satisfied) ; ora notice under section 158(3A) (whether Board will make a determination or obtain an actuarial valuation) ; orthe issue of a validation notice under paragraph (5) of regulation 2 of the Pension Protection Fund (Entry Rules) Regulations 2005 (schemes which are not eligible schemes) the name and address of the interested person making the application;determination;direction; orother decision,the grounds on which the application is made;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.that an application has been received; and of the grounds on which the application has been made. (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.(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.an interested person notified by the Board under regulation 5 of an application for a review decision on any reviewable matter; oran interested person notified under regulation 7(1) ,
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