Section 274 — Pensions Act 2004: The Pensions Ombudsman and Deputy Pensions Ombudsmen

The Pensions Ombudsman and Deputy Pensions Ombudsmen 274 1 In subsection (2) of section 145 of the Pension Schemes Act 1993 (c. 48) (the Pensions Ombudsman) after “hold” insert “ and vacate ” .

2 For subsection (3) of that section substitute— 3 The Pensions Ombudsman may resign or be removed from office in accordance with those terms and conditions.

3 After that section insert— Deputy Pensions Ombudsmen 145A 1 The Secretary of State may appoint one or more persons to act as a deputy to the Pensions Ombudsman (“a Deputy Pensions Ombudsman”).

2 Any such appointment is to be upon such terms and conditions as the Secretary of State thinks fit.

3 A Deputy Pensions Ombudsman—

a is to hold and vacate office in accordance with the terms and conditions of his appointment, and b may resign or be removed from office in accordance with those terms and conditions.

4 A Deputy Pensions Ombudsman may perform the functions of the Pensions Ombudsman—

a during any vacancy in that office, b at any time when the Pensions Ombudsman is for any reason unable to discharge his functions, or c at any other time, with the consent of the Secretary of State.

5 References to the Pensions Ombudsman in relation to the performance of his functions are accordingly to be construed as including references to a Deputy Pensions Ombudsman in relation to the performance of those functions.

6 The Secretary of State may—

a pay to or in respect of a Deputy Pensions Ombudsman such amounts—

i by way of remuneration, compensation for loss of office, pension, allowances and gratuities, or ii by way of provision for any such benefits, as the Secretary of State may determine, and b reimburse the Pensions Ombudsman in respect of any expenses incurred by a Deputy Pensions Ombudsman in the performance of any of the Pensions Ombudsman’s functions.

4 In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (c. 24) (other disqualifying offices), after “Pensions Ombudsman” insert “ and any deputy to that Ombudsman appointed under section 145A of the Pension Schemes Act 1993 ” .

5 In Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (c. 25)(other disqualifying offices), at the appropriate place insert— “ Pensions Ombudsman and any deputy to that Ombudsman appointed under section 145A of the Pension Schemes Act 1993. ” 6 The persons to whom section 1 of the Superannuation Act 1972 (c. 11) (persons to or in respect of whom benefits may be provided by schemes under that section) applies are to include a deputy to the Pensions Ombudsman.

7 The Pensions Ombudsman must pay to the Minister for the Civil Service, at such times as he may direct, such sums as he may determine in respect of the increase attributable to subsection (6) in the sums payable out of money provided by Parliament under that Act.

8 The Pensions Ombudsman must also pay to the Minister for the Civil Service, at such times as he may direct, such sums as he may determine in respect of the amount payable out of money provided by Parliament under that Act which is attributable to the following persons being persons to whom section 1 of that Act applies—

a the Pensions Ombudsman;

b the employees of the Pensions Ombudsman.