F1SR 2003/520
7.—(1) This paragraph applies where—N.I.
(a)under Article 38 a member or prospective member of an occupational pension scheme ( “the complainant”) presents to the Tribunal a complaint against the trustees or managers of the scheme or an employer;
(b)the complainant is not a pensioner member of the scheme;
(c)the complaint relates to the terms on which persons become members of the scheme, or the terms on which members of the scheme are treated; and
(d)the Tribunal finds the complaint to be well-founded.
(2) Where this paragraph applies, the Tribunal may, without prejudice to the generality of its power under Article 39(1)(a), make an order declaring that the complainant has a right—
(a)where the complaint relates to the terms on which persons become members of the scheme, to be admitted to the scheme;
(b)where the complaint relates to the terms on which members of the scheme are treated, to membership of the scheme without discrimination.
(3) An order under sub-paragraph (2)—
(a)may be made in respect of such period as is specified in the order (but may not be made in respect of any time before 10th December 2003);
(b)may make such provision as the Tribunal considers appropriate as to the terms on which, or the capacity in which, the complainant is to enjoy such admission or membership.
(4) Where this paragraph applies, the Tribunal may not make an order for compensation under Article 39(1)(b), whether in relation to arrears of benefits or otherwise, except—
(a)for injury to feelings;
(b)by virtue of Article 39(5).]