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Statutory Rules of Northern Ireland


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STATUTORY RULES OF NORTHERN IRELAND


2005 No. 135

PENSIONS

The Pension Protection Fund (PPF Ombudsman) Order (Northern Ireland) 2005

  Made 18th March 2005 
  Coming into operation 6th April 2005 

The Department for Social Development, in exercise of the powers conferred on it by Articles 191(1)(b) to (e) and 287(2) of the Pensions (Northern Ireland) Order 2005[1] and of all other powers enabling it in that behalf, hereby makes the following Order:

Citation, commencement and interpretation
     1.  - (1) This Order may be cited as the Pension Protection Fund (PPF Ombudsman) Order (Northern Ireland) 2005 and shall come into operation on 6th April 2005.

    (2) In this Order -

    (3) In this Order any reference to a numbered Article is a reference to the Article of the Pensions Order bearing that number.

Staff and facilities of the PPF Ombudsman
     2. For the purposes of the Pensions Order, the PPF Ombudsman shall have the staff appointed, and facilities (including additional staff) made available to him, under Articles 3 and 4 respectively of the 2005 Order.

Delegation of functions
    
3.  - (1) Except as provided by paragraph (2), any function of the PPF Ombudsman may be delegated to and performed by -

    (2) The PPF Ombudsman must not delegate -

Power to obtain information
    
4. In conducting an investigation in accordance with regulations made under Article 192 or 193 the PPF Ombudsman may require any person who in his opinion is able to furnish information or produce documents necessary for the purposes of the investigation to furnish any such information or produce any such documents.

Restrictions on the disclosure of information
    
5.  - (1) The PPF Ombudsman must not disclose any information which he obtains for the purposes of an investigation under Article 192 or 193 unless -

    (2) The persons specified in this paragraph are -



Sealed with the Official Seal of the Department for Social Development on


18th March 2005.

L.S.


John O'Neill
A senior officer of the Department for Social Development


EXPLANATORY NOTE

(This note is not part of the Order.)


This Order makes provision in respect of the PPF Ombudsman.

Article 1 provides for citation, commencement and interpretation.

Article 2 makes provision about the staff of the PPF Ombudsman.

Article 3 provides that the PPF Ombudsman may (with certain exceptions) delegate any functions to staff. Paragraph (2) sets out the exceptions.

Article 4 provides that the PPF Ombudsman may require any person to provide information or furnish documents necessary to an investigation.

Article 5 makes provision about restrictions on the disclosure of information held by the PPF Ombudsman.

The Pensions (2005 Order) (Commencement No. 1 and Consequential and Transitional Provisions) Order (Northern Ireland) 2005 (S.R. 2005 No. 48 (C. 5)) provides for the coming into operation of Article 191(1)(b) to (e) of the Pensions (Northern Ireland) Order 2005, one of the enabling provisions under which this Order is made, for the purpose of authorising the making of an order, on 25th February 2005, and for all other purposes on 6th April 2005.


Notes:

[1] S.I. 2005/255 (N.I. 1)back

[2] S.I. 2005/824back

[3] 2000 c. 8back

[4] See section 78(1) of the Pensions Act 1995 (c. 26) which establishes the Pensions Compensation Boardback

[5] See section 145 of the Pension Schemes Act 1993 (c. 48) which establishes the Pensions Ombudsmanback

[6] See section 1(1) of the Financial Services and Markets Act 2000 which establishes the Financial Services Authorityback

[7] 1985 c. 6back



ISBN 0 337 95906 4


 © Crown copyright 2005

Prepared 1 April 2005


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