Section 103 — Pensions Act 2004: References in relation to decisions of Regulator

References in relation to decisions of Regulator 103 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2A This section applies to references to a tribunal in relation to a decision of the Regulator.

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

5 On determining a reference, the tribunal concerned must remit the matter to the Regulator with such directions (if any) as it 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 tribunal concerned considers appropriate.

7 The Regulator must act in accordance with the determination of, and any direction given by, the tribunal concerned (and accordingly sections 96 to 99 (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—

a as if it were an order of the county court , or b in Scotland, as if it were an order of the Court of Session.