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Regulation 103 Notice of decisions by the Secretary of State under regulation 102

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

The Secretary of State must issue his decision on the matters raised by an application under regulation 102 to the parties to the disagreement by notice in writing before the expiry of the period of two months beginning with the date the application was received (but see paragraph (2)).

(2)

If no such notice is issued before the expiry of that period, an interim reply must be sent immediately to those parties, setting out the reasons for the delay and an expected date for issuing the decision.

(3)

A notice under paragraph (1) must include—

(a)

a statement of the decision;

(b)

in a case where there has been a decision made under section 100, an explanation as to whether and, if so, to what extent that decision is confirmed or replaced;

(c)

a reference to any legislation or provisions of the Scheme relied upon;

(d)

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

(e)

a statement that OPAS (the Pensions Advisory Service) is available to assist members and beneficiaries of the Scheme in connection with difficulties which they have failed to resolve with the Secretary of State and of the address at which it may be contacted; and

(f)

a statement that the Pensions Ombudsman may investigate and determine any complaint or dispute of fact or law in relation to the Scheme made or referred in accordance with the Pension Schemes Act 1993f1 and of the address at which he may be contacted.

Annotations

Footnotes

f1

1993 c. 48.