Regulation 159 Reconsideration by the boardI1

United Kingdom

(1)

Where the parties have received a copy of the report supplied under regulation 158 (the board’s report) and—

(a)

the parties agree that the board has made an error of fact which materially affects the board’s decision;

(b)

the scheme manager must within 28 days of receipt of the report, supply the Secretary of State with two copies of a statement agreed between the parties setting out—

(i)

the error of fact,

(ii)

the correct fact, and

invite the board to reconsider its decision.

(2)

The Secretary of State must within 14 days of receipt of the statement supply a copy of it to the board.

(3)

As soon as reasonably practicable after receiving the statement, the board must reconsider its decision.

(4)

Within 14 days of that reconsideration the board must—

(a)

give written notice to the Secretary of State that it has confirmed its decision, or revised its decision (as the case may be); and

(b)

if it has revised its decision, supply the Secretary of State with a written report of its revised decision.

(5)

The Secretary of State must supply to the appellant and the scheme manager a copy of the written notice confirming the board’s decision, or a copy of the written report of the board’s revised decision (as the case may be).

Annotations

Commencement

I1: Reg. 159 in force at 1.4.2015, see reg. 1(2)

Notes on Part 12

Modifications

C1: Pt. 12 applied (1.10.2023) by The Firefighters’ Pensions (Remediable Service) Regulations 2023 (S.I. 2023/843), regs. 1(b), 51(7)