Section 207 — Pensions Act 2004: Review and reconsideration by the Board of reviewable matters

Review and reconsideration by the Board of reviewable matters 207 1 Regulations must—

a provide for the Board, on the written application of an interested person, to give a decision (“a review decision”) on any reviewable matter, and b require a committee of the Board constituted for the purposes of this section (the “ Reconsideration Committee ”), on the written application of an interested person following a review decision, to reconsider the reviewable matter and give a decision (“a reconsideration decision”).

2 In subsection (1), “ interested person ” in relation to a reviewable matter, means a person of a description prescribed in relation to reviewable matters of that description.

3 Regulations under subsection (1) may—

a permit a review decision in respect of a reviewable matter of a prescribed description to be made otherwise than on an application, and b permit a reconsideration decision in respect of such a matter to be made otherwise than on an application.

4 Regulations under subsection (1) must provide for the Board’s powers on making a review decision or reconsideration decision to include power—

a to vary or revoke the determination, direction or other decision already made by the Board in respect of the reviewable matter, b to substitute a different determination, direction or decision, c to provide for such variations, revocations or substitutions, or any determinations, directions or other decisions made as a result of the review decision or reconsideration decision, to be treated as if they were made at such time (which may be a time prior to the making of the review decision or reconsideration decision) as the Board considers appropriate, d to provide for any notice varied, substituted, issued or given by the Board as a result of the review decision or reconsideration decision, to be treated as if it were issued or given at such time (which may be a time prior to the making of the review decision or reconsideration decision) as the Board considers appropriate, e generally to deal with the matters arising on the review decision or reconsideration decision as if they had arisen on the original determination, direction or decision, f to pay such compensation as the Board considers appropriate to such persons as it may determine, and g to make savings and transitional provision.

5 Regulations under subsection (1) must include provision—

a about applications under the regulations for a review decision or reconsideration decision in respect of a reviewable matter, including the times by which they are to be made, b requiring notice—

i of such applications, or ii of a decision of the Board or the Reconsideration Committee by virtue of subsection (3) to give a review decision or reconsider a reviewable matter otherwise than on such an application, to be given to interested persons in relation to the matter, c with a view to securing that individuals concerned in giving a reconsideration decision were not concerned in the reviewable matter in respect of which the decision is to be made, d as to the procedure for reaching and giving decisions under the regulations, including—

i rights of interested persons to make representations to the Reconsideration Committee on a reconsideration under regulations made under subsection (1)(b),

and ii the times by which decisions are to be given, and e requiring notice of the review decision or the reconsideration decision in respect of a reviewable matter to be given to interested persons in relation to the matter.

6 Provision required by subsection (5)(c) may modify paragraphs 15 and 16 of Schedule 5 (membership and procedure of committees of the Board).