OpenLegislation

Regulation 9 Withdrawal or amendment of application

Original text. Later amendments are not shown.

(1)

A person who has made an application for a review of a reviewable determination may at any time before a review decision has been given in respect of that application—

(a)

withdraw the application and any supporting evidence; or

(b)

with the consent of the scheme manager, amend the application or any evidence provided in support of the application.

(2)

Where, under regulation 7(1), the scheme manager has decided to combine two or more applications for a review of a reviewable determination and to give a single review decision in respect of them, the withdrawal or amendment of one or more of the combined applications under paragraph (1), or of any evidence provided in respect of them, shall not prevent the scheme manager from giving a single review decision in respect of any remaining such applications provided that they are at least two in number.

(3)

The scheme manager shall—

(a)

issue a notice about the withdrawal or amendment of an application for the review of a reviewable determination, or of any supporting evidence provided in respect of such an application, to—

(i)

the person who supplied the details referred to in regulation 14(1) or (3) of the FAS Regulations to the scheme manager in respect of the occupational pension scheme to which the application relates; or

(ii)

where that scheme has not completed winding up, the trustees of the scheme if the scheme manager is not already required to issue a notice to those trustees under sub-paragraph (a)(i);

(b)

take reasonable steps to publicise to any interested person, other than the person who made the application, the fact that the application, or any supporting evidence, has been amended or withdrawn; and

(c)

make a copy of—

(i)

the notice issued under sub-paragraph (a); and

(ii)

any amended application or supporting evidence,

available for inspection by any interested person.

(4)

A notice issued by the scheme manager under paragraph (3) must—

(a)

where the application to which the notice relates or any supporting evidence has been amended, state how the scheme manager proposes to deal with that application; and

(b)

where the application to which the notice relates or any supporting evidence has been amended or withdrawn, state how the scheme manager proposes to deal with any other applications with which that application is, or has been, combined.