Regulation 25 Combining appeals where appeal relates to scheme notification decision or scheme eligibility decision
Where, in relation to an occupational pension scheme—
two or more appeals which relate to a scheme notification decision or a scheme eligibility decision are made to the Ombudsman; and
those appeals are made on the same, or substantially the same, grounds and are supported by the same, or substantially the same, evidence,
the Ombudsman may, for the purposes of these Regulations, treat them as a single appeal and make a single determination with directions, and references in these Regulations to the appeal are to be read accordingly.
Such a single determination may relate to all the appeals or the Ombudsman may—
treat one or more of the appeals as representative of them all; and
make a single determination with directions relating to the representative appeal or appeals.
Where an appeal which relates to a scheme notification decision or a scheme eligibility decision (“the first appeal”) has been determined under these Regulations, the Ombudsman may make determinations, and give directions, on the same basis in respect of other such appeals if they are made on the same, or substantially the same, grounds and supported by the same, or substantially the same, evidence as the first appeal.
For the purposes of paragraph (3), it does not matter whether the other appeals were made before or after the first appeal.
If the Ombudsman proposes to exercise the powers under paragraph (1), (2) or (3), he must—
notify the parties to the appeal, or, if applicable, the parties’ representatives, of the proposal and inform them of their rights under paragraph (7); and
take reasonable steps to publicise the proposal to all other interested persons in relation to the appeal and inform them of their rights under paragraph (7).
A notification under paragraph (5)(a) must be in writing, but, subject to that, may be made in such manner as the Ombudsman considers appropriate.
Any party to the appeal, or, if applicable, a party’s representative, or any interested person in relation to the appeal, may send written representations to the Ombudsman objecting to the Ombudsman’s proposal to exercise his powers under paragraph (1), (2) or (3).
Any party, or, if applicable, representative, must send the written representations objecting to the proposal before the end of the period of 14 days beginning with the day on which the party, or, if applicable, the representative, is notified under paragraph (5)(a).
Any interested person who is not a party to the appeal must send any written representations objecting to the proposal before the end of the period of 28 days beginning with the day on which the proposal is publicised under paragraph (5)(b).
On receiving any written representations sent in accordance with paragraph (8) or (9), the Ombudsman must—
consider the written representations; and
if he considers that it is appropriate to exercise the powers in question in relation to the appeal in the way proposed in the notification, give his reasons in writing to the person making the representations.