The Pension Protection Fund (Investigation by PPF Ombudsman of Complaints of Maladministration) Regulations (Northern Ireland) 2005

Reaching and giving determinations and consequential directions

14.—(1) If the PPF Ombudsman determines that the decision of the Investigation Committee or, as the case may be, the Board about the referable matter referred to him was reached correctly, he must—

(a)determine that it is not appropriate for the Board to take any action in relation to the matter, and

(b)give the Board any directions he considers appropriate.

(2) If the PPF Ombudsman determines that that decision was not reached correctly, he must—

(a)determine what action, if any, the Board should take in relation to the matter, and

(b)give the Board such directions as he considers appropriate under paragraph (3).

(3) The PPF Ombudsman may direct the Board—

(a)to pay such compensation as he considers appropriate to such persons as he considers have sustained injustice in consequence of the matters complained of and specifies in the direction;

(b)to take, or refrain from taking, such other steps as he may so specify.

(4) The determination and directions must be in writing and must include—

(a)a statement of the reasons for them, and

(b)an explanation as to whether and, if so, to what extent the Board is directed to—

(i)vary or revoke a determination, direction or other decision previously made by the Investigation Committee or, as the case may be, the Board, or

(ii)revoke such a determination or direction or other decision and replace it with a different determination, direction or other decision.

(5) The PPF Ombudsman must—

(a)give notice of the determination and any directions to—

(i)the referring party;

(ii)the Board, and

(b)notify any person—

(i)notified of the reference under regulation 5(1)(b), and

(ii)to whom he has directed that compensation is to be paid,

of the determination and any directions in such form and manner as he considers appropriate.

(6) Subject to Article 196 (determinations of the PPF Ombudsman), the determination and directions are final and binding on the persons to whom notice or notification is given under paragraph (5)(a) or (b).

(7) The Board has power to do anything that the PPF Ombudsman directs under this regulation.

(8) If the Board is directed under this regulation to—

(a)vary a determination, direction or other decision previously made by the Investigation Committee or, as the case may be, the Board, or

(b)replace such a determination or direction or other decision with a different determination, direction or other decision,

it must send a copy of the varied or replacement determination, direction or other decision to the PPF Ombudsman, the referring party and any person notified of the reference under regulation 5(1)(b).