2005 No. 135
The Pension Protection Fund (PPF Ombudsman) Order (Northern Ireland) 2005
Made
Coming into operation
The Department for Social Development, in exercise of the powers conferred on it by Articles 191(1)(b) to (e) and 287(2) of the Pensions (Northern Ireland) Order 20051 and of all other powers enabling it in that behalf, hereby makes the following Order:
Citation, commencement and interpretation1
1
This Order may be cited as the Pension Protection Fund (PPF Ombudsman) Order (Northern Ireland) 2005 and shall come into operation on 6th April 2005.
2
3
In this Order any reference to a numbered Article is a reference to the Article of the Pensions Order bearing that number.
Staff and facilities of the PPF Ombudsman2
For the purposes of the Pensions Order, the PPF Ombudsman shall have the staff appointed, and facilities (including additional staff) made available to him, under Articles 3 and 4 respectively of the 2005 Order.
Delegation of functions3
1
Except as provided by paragraph (2), any function of the PPF Ombudsman may be delegated to and performed by –
a
a member of staff appointed by the PPF Ombudsman in accordance with Article 3 of the 2005 Order;
b
an additional member of staff made available to him in accordance with Article 4 of the 2005 Order, who is authorised to perform that function by the PPF Ombudsman.
2
The PPF Ombudsman must not delegate –
a
the determination of a reviewable matter referred to him by virtue of regulations made under Article 192 (reference of reviewable matter to the PPF Ombudsman);
b
the determination of a complaint of maladministration referred to him by virtue of regulations made under Article 193 (investigation by PPF Ombudsman of complaints of maladministration);
c
the referral of a question of law under Article 194 (referral of questions of law);
d
the decision to publish a report under Article 195 (publishing reports etc.);
e
the certification of an offence under Article 197(2) (obstruction etc. of the PPF Ombudsman).
Power to obtain information4
In conducting an investigation in accordance with regulations made under Article 192 or 193 the PPF Ombudsman may require any person who in his opinion is able to furnish information or produce documents necessary for the purposes of the investigation to furnish any such information or produce any such documents.
Restrictions on the disclosure of information5
1
The PPF Ombudsman must not disclose any information which he obtains for the purposes of an investigation under Article 192 or 193 unless –
a
the disclosure is to a person specified in paragraph (2), and
b
the PPF Ombudsman considers that disclosure would enable or assist that person to discharge that person’s functions.
2
The persons specified in this paragraph are –
a
the Board;
b
the Regulator;
c
the Pensions Compensation Board4;
d
the Pensions Ombudsman5;
e
the Financial Services Authority6;
f
any government department;
g
a person appointed under –
i
section 167 of the Financial Services Act (appointment of persons to carry out general investigations);
ii
section 168(3) or (5) of that Act (appointment of persons to carry out investigations in particular cases), or
iii
section 284 of that Act (power to investigate),
to conduct an investigation;
h
an inspector appointed under Part XV of the Companies Order or under Part XIV of the Companies Act 19857;
i
a body designated under section 326(1) of the Financial Services Act (designation of professional bodies), and
j
a recognised investment exchange or recognised clearing house (as defined by section 285 of that Act) (exemption for recognised investment exchanges and clearing houses).
Sealed with the Official Seal of the Department for Social Development on 18th March 2005.
(This note is not part of the Order.)