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Regulation 5 Notice of a decision

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

(1)

Subject to paragraph (3), a decision on the matters raised by an application under regulation 4 shall be issued to the complainant and, where applicable, his representative by notice in writing within two months from the date on which the particulars specified in regulation 4(2) were received.

(2)

The notice shall include—

(a)

a statement of the decision;

(b)

a reference to any legislation relied upon;

(c)

a reference to such parts of any scheme rules relied upon and, where a discretion has been exercised, a reference to such parts of the scheme rules by which such discretion is conferred; and

(d)

a reference to the complainant’s right to refer the disagreement for reconsideration by the trustees or managers of the scheme within the time limit described in regulation 6(1).

(3)

If, in any case, written notice of a decision under section 50(2)(a) of the Act is not issued within two months from the date on which particulars of the disagreement were received, an interim reply must immediately be sent to the complainant and, where applicable, his representative setting out the reasons for the delay and an expected date for issuing the decision.