(2) If the Board is not able to give a decision before the end of the period specified in paragraph (1) it must send an interim reply to the complainant setting out the expected date for issuing the decision. These Regulations provide for the investigation by the Board of the Pension Protection Fund of allegations of maladministration under section 208 of the Pensions Act 2004 (c. 35) (“the Act”). Dependent on the legislation item being viewed this may include: Use this menu to access essential accompanying documents and information for this legislation item. 6. S.I. 13. Thomas Seymour along with a counsel … See section 317(2) of the Pensions Act 2004 which provides that the Secretary of State must consult such persons as he considers appropriate before making regulations by virtue of the provisions of that Act (other than Part 8). Atlantic Lottery Corporation. No changes have been applied to the text. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards. Regulation 3 provides that an application must generally be made within 28 days of the day on which the complainant became aware of the act or omission by the Board. It gives the Board, instead of the trustees or managers, the right to vote on a compromise or arrangement and the Board must consult the trustees or managers before exercising this right. 2. The cap is fixed by reference to age 65, actuarially reduced where the compensation comes into payment before age 65, and is limited to 90% of the actuarially adjusted cap. It makes further provision for the Board to give a decision where an application is made outside this time limit in certain circumstances. How we operate. Pensions Ombudsman reappointed. (2) Subject to paragraph (3) the Board must send a summary of a decision given under regulation 2 to any person it considers may have sustained injustice in consequence of maladministration in connection with the act or omission in respect of which the decision is made. it receives the application made under regulation 11; or. A committee (or any sub-committee established by the committee under sub-paragraph (2)) established by the Board for the purposes of section 208(3)(b) and any regulations made under that section must not include any person concerned in the matter which is the subject of the relevant complaint. The Secretary of State for Work and Pensions, in exercise of the powers conferred upon him by sections 208(1), (3), (4)(a), (b), (c)(ii) and (d)(ii), (5) and (6), 315(2), (4) and (5) and 318(1) of the Pensions Act 2004(1), and of all other powers enabling him in that behalf, 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 that Act by virtue of which they are made(2), hereby makes the following Regulations: 1.—(1) These Regulations may be cited as the Pension Protection Fund (Maladminstration) Regulations 2005 and shall come into force on 6th April 2005. (a)the name and address of the complainant; (b)the grounds on which the complaint is made; (c)the date on which the complainant first became aware of the act or omission; (d)in the case of a person who is a representative of the complainant, his name and address and whether that address is the address to be used for the purposes of the complaint. This item of legislation is currently only available in its original format. Thomas Seymour along with a counsel team from Blackstone Chambers (Tom de la Mare QC and Iain Steele), instructed by Farrers, acted for the British Airline Pilots Association (BALPA) representing pilots who were members of the Monarch and BMI Schemes, who brought proceedings for judicial review along with the claimants of other schemes. Regulation 4 amends regulation 2 of the 2020 Regulations. Section 901I has been applied to relevant societies by article 2(4) of the 2014 Order, inserted by article 7(c) of the 2020 Order, with modifications set out in Part 2 of Schedule 2A to the 2014 Order, inserted by article 12 of the 2020 Order. The definition of “relevant CCBS” was inserted into the 2014 Order by article 6 of the 2020 Order. Our Board; Executive Committee; Our history and track record; Awards and recognition; Contact us; Column 2. Regulation 1 provides for citation, commencement and interpretation. To download a copy of the judgment, please click here. This is the original version (as it was originally made). (2) The complaint must be signed and dated by the complainant or, as the case may be, his representative. any other matters that appear to it to be relevant, including any document produced or information provided in accordance with a notice given under section 191 of the Act. A full regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of business. (c)is otherwise incapable of acting for himself. Regulation 13 sets out the matters to be considered by the committee of the Board in giving a decision. It gives the Board the right, instead of the trustees or managers of the scheme, to participate in decisions as to whether to extend the moratorium and decisions in relation to a challenge to the directors’ actions. What we do. 17.—(1) The committee of the Board must send a copy of a decision given under regulation 10 to the complainant or, as the case may be, his representative. (b)any other matters that appear to it to be relevant, including any document produced or information provided in accordance with a notice given under section 191 of the Act. Similarly paragraph (2) modifies paragraph 15 of Schedule 5 to the Act in respect of a committee of the Board established to give a decision under regulation 10. Sections A51 and A55 were inserted by section 1 of the Corporate Insolvency and Governance Act 2020 (c. 12). Regulation 5 sets out the matters to be considered by the Board in giving a decision. 19.—(1) A complainant may by sending written notice to the Board appoint a person to act as his representative for the purposes of these Regulations. (2) This regulation and regulations 2, 3, 5 and 6 extend to England and Wales, Scotland and Northern Ireland. 1. 2004 c. 35. (a)vary or revoke a decision already made by the Board in respect of the matters complained of in the relevant complaint; (c)pay such compensation to the complainant as the committee of the Board considers appropriate. “(6) A committee (or any sub-committee established by the committee under sub-paragraph (2)) established by the Board for the purposes of section 208(3)(b) and any regulations made under that section must not include any person concerned in the matter which is the subject of the relevant complaint.”. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards. Members who have attained normal pension age (NPA) are entitled to 100% PPF compensation; those under NPA are entitled to 90% PPF compensation. 8. the day on which it receives the relevant complaint; or. The claimants contended that this scheme failed to comply with EU law, in particular (a) because it failed to ensure that the member received at least 50% of his scheme benefits in each pension year; (b) because it would inevitably yield less than 50%, both on an annual basis, and on a cumulative receipts basis, for members who lived significantly beyond the assumed lifetime; (c) because it failed to protect survivor benefits. ““relevant CCBS” has the meaning given in article 1(2) of the Co-operative and Community Benefit Societies and Credit Unions (Arrangements, Reconstructions and Administration) Order 2014(4); “relevant society” has the meaning given by the modification to section 901A(4) of the Companies Act 2006 in paragraph 3 of Schedule 2A to the Co-operative and Community Benefit Societies and Credit Unions (Arrangements, Reconstructions and Administration) Order 2014(5);”. (2) Subject to paragraph (3) the committee of the Board must send a summary of a decision given under regulation 10 to any person it considers may have sustained injustice in consequence of maladministration in connection with the act or omission in respect of which the decision is made. No changes have been applied to the text. Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. The effect is that members subject to the cap may receive compensation amounting to a modest fraction of the benefits they receive; whereas a former colleague who may have attained NPA a few days earlier (entitled to 100%) is unaffected. 2014/1815. Documents. varies or revokes the decision already made by the Board in respect of the matters complained of in the relevant complaint; details of any compensation payable by the Board; a statement that if the complainant is dissatisfied with the decision he may refer the matter to the PPF Ombudsman; the address at which the PPF Ombudsman may be contacted. 2. Regulation 2 provides that the Board … Regulation 8 sets out the matters to be included in a decision. Regulation 11 provides that an application must be sent to the committee of the Board within 28 days of the day on which the Board sent the complainant a copy of the decision. The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by sections A51 and A55 of the Insolvency Act 1986(1), sections 901I, 1291 and 1292 of the Companies Act 2006(2) and section 43 of the Corporate Insolvency and Governance Act 2020. If protected liabilities exceeded assets, the scheme along with its assets is transferred to the PPF, the member’s trust rights are extinguished and the trustees discharged, and the member receives statutory compensation instead. The Pension Protection Fund (Moratorium and Arrangements and Reconstructions for Companies in Financial Difficulty) (Amendment) Regulations 2020(6) are revoked. Regulation 9 provides that the Board must send a copy of the decision to the complainant and a summary of the decision to other persons if it considers that they may have suffered injustice, unless the Board considers that any injustice is likely to have been trivial. “the complainant” means a person entitled to make a relevant complaint. 1.—(1) These Regulations may be cited as the Pension Protection Fund (Moratorium and Arrangements and Reconstructions for Companies in Financial Difficulty) (Amendment and Revocation) Regulations 2020, and come into force on 16th September 2020. The case is also of significance in relation to issues, relevant to the other claimants but not the BALPA claimants, of limitation of claims and the benefits payable by trustees of schemes whilst in assessment (S.138 PA 2004).

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