Pensions Act 2004

214Investigation by PPF Ombudsman of complaints of maladministration

(1)Regulations must provide for the investigation and determination by the PPF Ombudsman of such matters as may be prescribed following decisions on relevant complaints given by the Board or the committee of the Board referred to in section 208(3)(b) under regulations made under that section.

(2)Regulations under this section must make provision—

(a)prescribing the descriptions of person who may refer matters to the PPF Ombudsman under the regulations,

(b)about the manner in which such references may be made, including the times by which they are to be made,

(c)about the procedure for conducting investigations, and reaching and giving determinations, on such references, including the times by which the determinations are to be given,

(d)about the powers of the PPF Ombudsman on making such determinations, including—

(i)the power to direct the Board 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

(ii)the power to direct the Board to take or refrain from taking such other steps as he may specify,

(e)conferring such powers on the Board as are necessary to comply with such requirements,

(f)for prescribed persons to be notified of—

(i)references to the PPF Ombudsman under the regulations, and

(ii)determinations and directions by the PPF Ombudsman under the regulations,

(g)conferring rights on prescribed persons—

(i)to make representations to the PPF Ombudsman in relation to a matter referred to him by virtue of this section,

(ii)to be heard or represented at any oral hearing by the PPF Ombudsman in relation to such a matter,

(h)about the consideration of evidence by the PPF Ombudsman, including—

(i)production of documents,

(ii)oral hearings,

(iii)expert evidence,

(iv)attendance of witnesses,

(i)conferring rights on prescribed persons to continue a reference made by a person who has died or is otherwise unable to act for himself,

(j)as to the costs or expenses of prescribed persons,

(k)conferring rights on prescribed persons to apply for a stay (or in Scotland, for a sist) in relation to prescribed legal proceedings which begin after the reference is made and conferring power on the relevant court to make an order staying (or sisting) the proceedings if it is satisfied of prescribed matters, and

(l)for securing that any determination or direction of the PPF Ombudsman under the regulations is binding on prescribed persons.