{
  "url": "https://openlegislation.uk/draft-financial-assistance-scheme-appeals-regulations-2005/regulation-2",
  "json_url": "https://openlegislation.uk/draft-financial-assistance-scheme-appeals-regulations-2005/regulation-2.json",
  "legislation": "ukdsi/2005/011073517X",
  "legislation_title": "The Financial Assistance Scheme (Appeals) Regulations 2005",
  "legislation_url": "https://openlegislation.uk/draft-financial-assistance-scheme-appeals-regulations-2005",
  "path": "regulation/2",
  "kind": "regulation",
  "number": "2",
  "heading": "Interpretation",
  "text": "In these Regulations—\n“the Act” means the Pensions Act 2004;\n“the FAS Regulations” means the Financial Assistance Scheme Regulations 2005;\n“the FAS Internal Review Regulations” means the Financial Assistance Scheme (Internal Review) Regulations 2005;\n“the FAS Information and Payments Regulations” means the Financial Assistance Scheme (Provision of Information and Administration of Payments) Regulations 2005;\n“the Ombudsman” means the PPF Ombudsman or a Deputy PPF Ombudsman;\n“appeal” means an appeal—\n(a) against a review decision or subsequent review decision; and\n(b) made to the Ombudsman under these Regulations;\n“appellant” means any interested person who—\n(a) is entitled under regulation 4 to make an appeal; and\n(b) makes an appeal;\n“beneficiary” means a qualifying member or, after his death, his survivor;\n“Deputy PPF Ombudsman” means a person appointed under section 210(1) of the Act (deputy PPF Ombudsmen) to act as a deputy to the PPF Ombudsman;\n“interested person”, in relation to an appeal, means any person who is entitled under regulation 6(1) of the FAS Internal Review Regulations (applications for a review of a reviewable determination) to make an application for the review of the determination to which the review decision or subsequent review decision relates;\n“member assessment decision” means a review decision made by the scheme manager under the FAS Internal Review Regulations which relates to a determination as to the amount of an annual payment payable to a qualifying member of a qualifying pension scheme in accordance with regulation 17 of, and Schedule 2 to, the FAS Regulations (annual payments; determination of annual and initial payments);\n“member eligibility decision” means a review decision made by the scheme manager under the FAS Internal Review Regulations which relates to a determination as to whether or not a member of a qualifying pension scheme is a qualifying member;\n“party to an appeal” means any of the following—\n(a) the appellant;\n(b) the scheme manager; and\n(c) where an appeal relates to a scheme notification decision or a scheme eligibility decision and the occupational pension scheme in question has not completed winding up, the trustees or managers of that scheme, if the trustees or managers are not the appellant;\n“potential beneficiary” means any person—\n(a) in respect of whom the information determined in accordance with the fourth item of the table in paragraph 1(2) of Schedule 1 to the FAS Information and Payments Regulations (information to be provided by appropriate persons) is to be provided to the scheme manager in accordance with regulation 3(3)(a) (information to be provided to the scheme manager) of those Regulations; but\n(b) who has not yet been determined to be a beneficiary;\n“qualifying member” shall be construed in accordance with regulation 15 of the FAS Regulations (qualifying members);\n“qualifying pension scheme” shall be construed in accordance with regulation 9 of the FAS Regulations (qualifying pension schemes);\n“representative”, in relation to a party to an appeal, means a person appointed under regulation 27 to act as a representative of that party for the purposes of these Regulations;\n“review decision” shall be construed in accordance with regulations 4 (duty of scheme manager to give a review decision), 7(1) and (2) (combined or further applications) and 10 (review decisions or subsequent review decisions other than on application) of the FAS Internal Review Regulations;\n“scheme eligibility decision” means a review decision made by the scheme manager under the FAS Internal Review Regulations which relates to a determination as to whether or not an occupational pension scheme is a qualifying pension scheme in accordance with Part 3 of the FAS Regulations (qualifying pension schemes);\n“scheme manager” shall be construed in accordance with regulation 5 of the FAS Regulations (scheme manager);\n“scheme notification decision” means a review decision made by the scheme manager under the FAS Internal Review Regulations which relates to a determination as to whether or not the details prescribed in regulation 14 of the FAS Regulations (notification of details) have been supplied to the scheme manager in the form and manner, and before the end of the notification period, prescribed in that regulation;\n“subsequent review decision” has the meaning given in regulation 7(2) of the FAS Internal Review Regulations;\n“survivor” has the meaning given in regulation 2(1) of the FAS Regulations (interpretation).",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "S.I. 2005/1986 as amended by S.I. 2005/xxxx."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "S.I. 2005/1994 as amended by S.I. 2005/xxxx."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "S.I. 2005/2189 as amended by S.I. 2005/xxxx."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "Regulation 6(1) is amended by regulations 5(4) and (8) of S.I. 2005/xxxx."
    },
    {
      "type": "footnote",
      "label": "f5",
      "text": "Regulation 17 and Schedule 2 are amended by regulation 4(3) and (5), respectively, of S.I. 2005/xxxx."
    },
    {
      "type": "footnote",
      "label": "f6",
      "text": "Regulation 3(3)(a) and Schedule 1 are amended by regulation 6(3)(a) and (4), respectively, of S.I. 2005/xxxx."
    },
    {
      "type": "footnote",
      "label": "f7",
      "text": "Regulation 4 is substituted by regulation 5(6) of S.I. 2005/xxxx."
    },
    {
      "type": "footnote",
      "label": "f8",
      "text": "Regulation 2(1) is amended by regulation 4(2)(a) of S.I. 2005/xxxx."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukdsi/2005/011073517X/regulation/2",
    "retrieved_at": "2026-10-30T15:21:57.814608+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}