Regulation 59 Notice of decisions on disagreementsI1

England, Wales and Scotland Not yet in force

(1)

A decision on a disagreement to which an application under regulation 58 relates must be given by notice in writing to—

(a)

the applicant;

(b)

the employing authority; and

(c)

if the employing authority is not the appropriate administering authority, to that authority,

by notice in writing before the expiry of the period of two months beginning with the date the application was received.

(2)

But, if no such notice is given before the expiry of that period, an interim reply must immediately be sent to the persons mentioned in paragraph (1)(a) to (c) setting out —

(a)

the reasons for the delay; and

(b)

an expected date for giving the decision (“the expected decision date”).

(3)

A notice under paragraph (1) must include—

(a)

a statement of the decision;

(b)

a reference to any legislation or provisions of the Scheme on which the person making the decision relied;

(c)

in a case where the disagreement relates to the exercise of a discretion, a reference to the provisions of the Scheme conferring the discretion;

(d)

a reference to the right of the applicant to refer the disagreement for reconsideration by the appropriate administering authority under regulation 60 and to the time within which the applicant may do so; and

(e)

a statement that the Pensions Advisory Service is available to give assistance in connection with any difficulty with the Scheme that remains unresolved including the address at which it may be contacted.

Annotations

Commencement

I1: Reg. 59 in force at 1.4.2008, see reg. 1(1)