Office of Public Sector Information
PART XI continued
(1) Where in any proceedings—
(a) for an offence under this Act; or
(b) involving any question as to the payment of a state scheme premium;
any such question arises as is mentioned in section 170(1)(a), (b)(i) or (c), the decision of the Secretary of State shall be conclusive for the purpose of the proceedings.
(2) If—
(a) a decision on any such question is necessary for the determination of the proceedings; and
(b) the decision of the Secretary of State has not been obtained or a question has been raised with a view to a review of the decision obtained,
the question shall be referred to the Secretary of State for determination or review in accordance (subject to any necessary modifications) with sections 17 to 19 of the [1992 c. 5.] Social Security Administration Act 1992.
(3) Subsection (1) does not apply if—
(a) an appeal under section 18 of that Act is pending; or
(b) the time for appealing has not expired; or
(c) a question has been raised with a view to a review of the Secretary of State’s decision under section 19 of that Act,
and the court dealing with the case shall adjourn the proceedings until such time as a final decision on the question has been obtained.
(1) Subject to the provisions of this section and section 173, where the Board have—
(a) determined to issue, cancel or vary a contracting-out certificate or an appropriate scheme certificate; or
(b) determined to make, or not to make, any order which they have power to make under section 136, 139 or 142; or
(c) determined any other question which it is within their functions to determine,
their determination shall be final.
(2) The Board may on the application of a person appearing to them to be interested—
(a) at any time review any such determination of theirs as is mentioned in subsection (1), or a determination given by them on a previous review, if they are satisfied that there has been a relevant change of circumstances since the determination was made, or that the determination was made in ignorance of a material fact or based on a mistake as to a material fact or was erroneous in point of law;
(b) at any time within a period of six months from the date of the determination, or within such longer period as they may allow in any particular case, review such a determination on any ground.
(3) The Board’s powers on a review under this section shall include power—
(a) to vary or revoke any determination or order previously made;
(b) to substitute a different determination or order; and
(c) generally to deal with the matters arising on the review as if they had arisen on the original determination.
(4) Subject to subsection (5), regulations made by the Secretary of State may make provision with respect to the procedure to be adopted on any application for a review under this section or under any corresponding provision in force in Northern Ireland and generally with respect to such applications and reviews.
(5) Nothing in subsection (4) shall be taken to prevent such a review being entered upon by the Board without an application being made.
(1) Any question of law arising in connection with—
(a) any matter arising under this Act for determination by the Board;
(b) any other matter which under section 170(3) falls to be determined by them;
(c) any matter arising on an application to the Board for a review of a determination by them, or on a review by them entered upon without an application,
may, if the Board think fit, be referred for decision to the court.
(2) If the Board determine in accordance with subsection (1) to refer any question of law to the court, they shall give notice in writing of their intention to do so—
(a) in a case where the question arises on an application made to the Board, to the applicant; and
(b) in any case to such persons as appear to them to be concerned with the question.
(3) Any person who is aggrieved—
(a) by a determination of the Board given on a review under section 172, or
(b) by the refusal of the Board to review a determination,
where the determination involves a question of law and that question is not referred by the Board to the court under subsection (1), may on that question appeal from the determination to the court.
(4) The Board shall be entitled to appear and be heard on any reference or appeal under this section.
(5) The provision made by rules of court shall include provision for regulating references and appeals to the court under this section and for limiting the time within which such appeals may be brought.
(6) Notwithstanding anything in any enactment, the decision of the court on a reference or appeal under this section shall be final.
(7) On any such reference or appeal the court may order the Board to pay the costs or, in Scotland, the expenses of any other person, whether or not the decision is in that other person’s favour and whether or not the Board appear on the reference or appeal.
(8) In this section “the court” means—
(a) in England and Wales, the High Court;
(b) in Scotland, the Court of Session.
(1) The Board may make grants on such terms and conditions as they think fit to any person or body of persons providing advice or assistance, or carrying out other prescribed functions, in connection with occupational or personal pensions.
(2) The Secretary of State may pay the Board such sums as he may think fit towards any expenditure of theirs in making grants under this section.
(1) For the purpose of meeting some or all of the expenditure under sections 6 and 174 and Part X regulations may make provision for imposing a levy in respect of such occupational or personal pension schemes as may be prescribed.
(2) Any levy imposed under this section shall be payable to the Secretary of State by or on behalf of—
(a) the administrators of such public service pension schemes as may be prescribed;
(b) the trustees or managers of such other occupational or personal pension schemes as may be prescribed; or
(c) such other persons as may be prescribed,
at such rates and at such times as may be prescribed.
(3) The amount payable by any person on account of the levy shall be a debt due from him to the Secretary of State and shall be recoverable accordingly.
(4) Without prejudice to the generality of subsection (1), regulations under this section may include provision relating to the collection and recovery of amounts payable by way of levy under this section.
Where at the request of the trustees or managers of an occupational pension scheme or a personal pension scheme or of any employer of earners who are members of such a scheme, official services are provided in connection with the operation or administration of the scheme either by the Secretary of State or by the Board on his behalf, the Secretary of State may require the payment of fees for the provision of those services.
(1) Subject to the following provisions of this section, all expenses incurred by the Secretary of State under this Act shall be paid out of money provided by Parliament except so far as they may be required by any enactment to be paid or borne in some other way.
(2) There shall be paid out of the National Insurance Fund—
(a) minimum contributions paid by the Secretary of State under section 43;
(b) payments by him under section 124.
(3) Subject to subsection (4), there shall be paid out of the National Insurance Fund into the Consolidated Fund—
(a) sums equal to the amount of any expenses incurred by the Secretary of State (or by persons acting on his behalf) in exercising his functions under Chapter II of Part VII and section 157;
(b) such sums as the Secretary of State may estimate to be the amount of the administrative expenses of the Secretary of State or any government department in carrying into effect the remaining provisions of this Act, other than—
(i) sections 2 to 5, Chapter I of Part IV and Part VIII so far as it applies for the purposes of that Chapter, sections 136 to 138, 139(2) and (3), 140, 141, 142(1) to (4), 143, 153(2), 158(1) to (5), 162, 163, 172, 173 and 176 and Schedule 1;
(ii) sections 7, 9, 26 to 34, 38 and 50 (so far as they relate to personal pension schemes), section 54, sections 55 to 64 (so far as they relate to personal pension protected rights premiums), section 111 (and Part VIII and section 153 so far as they have effect for the purposes of section 111), sections 117, 154 and 155 and section 159 (so far as it relates to protected rights payments) and sections 160 and 166.
(4) The sums payable under subsection (3)(b)—
(a) shall be estimated in accordance with any directions given by the Treasury and (except in the case of functions relating to minimum contributions) shall exclude such categories of expenses as the Treasury may direct, or any enactment may require, to be so excluded; and
(b) shall be payable at such times and in such manner as the Treasury may direct.
(5) There shall be paid into the Consolidated Fund—
(a) subject to subsection (6), so far as it relates to payments out of money provided by Parliament, any sum recovered by the Secretary of State under or by virtue of the provisions within subsection (3)(b)(ii); and
(b) all fees paid to the Registrar.
(6) So far as any such sum relates to a payment out of the National Insurance Fund, it shall be paid into that Fund.
(7) There shall also be paid into the National Insurance Fund—
(a) sums recovered under section 43(5) or (6);
(b) any personal pension protected rights premium;
(c) any sum recovered by the Secretary of State in exercising any right or pursuing any remedy which is his by virtue of section 127; and
(d) any sums received by him by way of such payments as are mentioned in paragraph 5(4) of Schedule 2.
Pension Schemes Act 1993