Legal framework: PPF and FAS

The main legislation is the Pensions Act 2004, sections 209 to 218. Under this Act we have powers to deal with references of “reviewable matters”, which are decisions made by the Board of the Pension Protection Fund and reviewable by their reconsideration committee and by us.

The decisions covered are listed in Schedule 9 to the Act. We also have powers to deal with complaints of injustice caused by maladministration by the Board of the Pension Protection Fund or anyone carrying out its functions on its behalf.

The Pension Protection Fund (Reference of Reviewable Matters to the PPF Ombudsman) Regulations 2005 set out the particular powers and procedures that relate to references of reviewable matters.

The Pension Protection Fund (Investigation by PPF Ombudsman of Complaints of Maladministration) Regulations 2005 set out the particular powers and procedures that relate to complaints of maladministration.

Under the Financial Assistance Scheme (Appeals) Regulations 2005 we have power to deal with appeals against review decisions of the Board of the Pension Protection Fund acting as the manager of the Financial Assistance Scheme. There is a list of matters that may be subject to such decisions in regulation 2 of The Financial Assistance Scheme (Internal Review) Regulations 2005.

The power to decide these matters rests with the Pension Protection Fund Ombudsman (and Deputy Pension Protection Fund Ombudsman) who are appointed by the Secretary of State for Work and Pensions.

Only an Ombudsman can make a final and binding decision on a case, however under the legislation they can delegate any other responsibilities to other people in the organisation.