OpenLegislation

Article 97 References in relation to decisions of the RegulatorF10

Northern Ireland

(1)

F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2(2A)

This Article applies to references to a tribunal in relation to a decision of the Regulator.

(3)

On a reference, F3the tribunal concerned may consider any evidence relating to the subject-matter of the reference, whether or not it was available to the Regulator at the material time.

(4)

On a reference, F4the tribunal concerned must determine what (if any) is the appropriate action for the Regulator to take in relation to the matter referred to F5it.

(5)

On determining a reference, F6the tribunal concerned must remit the matter to the Regulator with such directions (if any) as F7it considers appropriate for giving effect to its determination.

(6)

Those directions may include directions to the Regulator—

(a)

confirming the Regulator's determination and any order, notice or direction made, issued or given as a result of it;

(b)

to vary or revoke the Regulator's determination, and any order, notice or direction made, issued or given as a result of it;

(c)

to substitute a different determination, order, notice or direction;

(d)

to make such savings and transitional provision as the F8tribunal concerned considers appropriate.

(7)

The Regulator must act in accordance with the determination of, and any direction given by, the F9tribunal concerned (and accordingly Articles 91 to 94 (standard and special procedure) do not apply).

(8)

The tribunal concerned may, on determining a reference, make recommendations as to the procedure followed by the Regulator or the Determinations Panel.

(9)

An order of the tribunal concerned may be enforced as if it were an order of a county court.

Annotations

Textual amendments

F1

Art. 97(1)(2) repealed (6.4.2010) by Pensions Regulator Tribunal (Transfer of Functions) Act (Northern Ireland) 2010 (c. 4), ss. 3, 5(2), Sch. 1 para. 18(b), Sch. 3 (with transitional and saving in Sch. 2); S.R. 2010/101, art. 2

F2

Art. 97(2A) inserted (6.4.2010) by Pensions Regulator Tribunal (Transfer of Functions) Act (Northern Ireland) 2010 (c. 4), ss. 3(1), 5(2), Sch. 1 para. 18(c) (with transitional and saving in Sch. 2); S.R. 2010/101, art. 2

F3

Words in art. 97(3) substituted (6.4.2010) by Pensions Regulator Tribunal (Transfer of Functions) Act (Northern Ireland) 2010 (c. 4), ss. 3(1), 5(2), Sch. 1 para. 18(d) (with transitional and saving in Sch. 2); S.R. 2010/101, art. 2

F4

Words in art. 97(4) substituted (6.4.2010) by Pensions Regulator Tribunal (Transfer of Functions) Act (Northern Ireland) 2010 (c. 4), ss. 3(1), 5(2), Sch. 1 para. 18(e)(i) (with transitional and saving in Sch. 2); S.R. 2010/101, art. 2

F5

Word in art. 97(4) substituted (6.4.2010) by Pensions Regulator Tribunal (Transfer of Functions) Act (Northern Ireland) 2010 (c. 4), ss. 3(1), 5(2), Sch. 1 para. 18(e)(ii) (with transitional and saving in Sch. 2); S.R. 2010/101, art. 2

F6

Words in art. 97(5) substituted (6.4.2010) by Pensions Regulator Tribunal (Transfer of Functions) Act (Northern Ireland) 2010 (c. 4), ss. 3(1), 5(2), Sch. 1 para. 18(e)(i) (with transitional and saving in Sch. 2); S.R. 2010/101, art. 2

F7

Word in art. 97(5) substituted (6.4.2010) by Pensions Regulator Tribunal (Transfer of Functions) Act (Northern Ireland) 2010 (c. 4), ss. 3(1), 5(2), Sch. 1 para. 18(e)(ii) (with transitional and saving in Sch. 2); S.R. 2010/101, art. 2

F8

Words in art. 97(6)(d) substituted (6.4.2010) by Pensions Regulator Tribunal (Transfer of Functions) Act (Northern Ireland) 2010 (c. 4), ss. 3(1), 5(2), Sch. 1 para. 18(f) (with transitional and saving in Sch. 2); S.R. 2010/101, art. 2

F9

Words in art. 97(7)-(9) substituted (6.4.2010) by Pensions Regulator Tribunal (Transfer of Functions) Act (Northern Ireland) 2010 (c. 4), ss. 3(1), 5(2), Sch. 1 para. 18(f) (with transitional and saving in Sch. 2); S.R. 2010/101, art. 2

F10

Words in art. 97 heading substituted (6.4.2010) by Pensions Regulator Tribunal (Transfer of Functions) Act (Northern Ireland) 2010 (c. 4), ss. 3(1), 5(2), Sch. 1 para. 18(a) (with transitional and saving in Sch. 2); S.R. 2010/101, art. 2

Notes on References to a tribunal

Textual amendments

F1

Art. 97 preceding cross-heading substituted (6.4.2010) by Pensions Regulator Tribunal (Transfer of Functions) Act (Northern Ireland) 2010 (c. 4), ss. 3(1), 5(2), Sch. 1 para. 16 (with transitional and saving in Sch. 2); S.R. 2010/101, art. 2