Pensions Act 2004

Part 5Status and liability etc

Status

24(1)The Board is not to be regarded—

(a)as the servant or agent of the Crown, or

(b)as enjoying any status, privilege or immunity of the Crown.

(2)Accordingly, the Board’s property is not to be regarded as property of, or held on behalf of, the Crown.

Validity

25The validity of any proceedings of the Board (including any proceedings of any of its committees or sub-committees) is not to be affected by—

(a)any vacancy among the members of the Board or of any of its committees or sub-committees,

(b)any defect in the appointment of any member of the Board or of any of its committees or sub-committees, or

(c)any defect in the appointment of the Chief Executive.

Disqualification

26In Schedule 1 to the House of Commons Disqualification Act 1975 (c. 24), in Part 2 (bodies whose members are disqualified), at the appropriate place insert—

“The Board of the Pension Protection Fund.”

27In Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (c. 25), in Part 2 (bodies whose members are disqualified), at the appropriate place insert—

“The Board of the Pension Protection Fund.”

The Superannuation Act 1972

28(1)The persons to whom section 1 of the Superannuation Act 1972 (c. 11) (persons to or in respect of whom benefits may be provided by schemes under that section) applies are to include—

• the chairman of the Board

• the employees of the Board.

(2)The Board must pay to the Minister for the Civil Service, at such times as he may direct, such sums as he may determine in respect of the increase attributable to sub-paragraph (1) in the sums payable out of money provided by Parliament under that Act.

Exemption from liability in damages

29(1)Neither the Board nor any person who is a member of the Board, a member of any of its committees or sub-committees, or a member of its staff is to be liable in damages for anything done or omitted in the exercise or purported exercise of the functions of the Board conferred by, or by virtue of, this or any other enactment.

(2)Any person who is the Chief Executive of the Board is not to be liable in damages for anything done or omitted in the exercise or purported exercise of any function conferred on the Chief Executive by, or by virtue of, this Act or any provisions in force in Northern Ireland corresponding to this Act.

(3)Any person who is a member of the committee established under section 112 or of any of its sub-committees is not to be liable in damages for anything done or omitted in the discharge or purported discharge of the duty to prepare a report under subsection (5) of that section on the discharge of the non-executive functions.

(4)Sub-paragraphs (1) to (3) do not apply—

(a)if it is shown that the action or omission was in bad faith, or

(b)so as to prevent an award of damages made in respect of an act or omission on the ground that the act or omission was unlawful as a result of section 6(1) of the Human Rights Act 1998 (c. 42).

(5)This paragraph does not prevent the Board being required to pay compensation on a direction of the PPF Ombudsman by virtue of regulations under section 213(1) or 214 or any provision in force in Northern Ireland corresponding to either of those provisions.