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Pensions Act 2004

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This is the original version (as it was originally enacted).

98Special procedure

This section has no associated Explanatory Notes

(1)The procedure determined under section 93 must make provision for the special procedure.

(2)The “special procedure” is a procedure which provides for—

(a)the giving of notice of the determination to exercise the regulatory function to such persons as appear to the Regulator to be directly affected by it (a “determination notice”),

(b)the determination notice to contain details of the requirement for the Regulator to review the determination under section 99(1) and of any subsequent right of referral to the Tribunal under section 99(7),

(c)the persons to whom the determination notice was given (as required under paragraph (a)) to have an opportunity to make representations in relation to the determination before it is reviewed under section 99(1),

(d)the consideration of any such representations before the determination on the review,

(e)the giving of a notice in accordance with section 99(4) of the determination on the review (a “final notice”),

(f)the final notice to contain details of the right of referral to the Tribunal under section 99(7),

(g)the form and further content of determination notices and final notices and the manner in which they are to be given, and

(h)the time limits to be applied at any stage of the procedure.

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