Automatic Enrolment Retirement Savings System Act 2024
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Appeals | ||
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116. (1) An applicant who is dissatisfied with a decision of the reviewer under section 114 (4) may, within 30 days of the date on which the notification under section 114 (5) is sent to him or her, appeal the decision. | ||
(2) An appeal under this section— | ||
(a) shall be sent to the reviewer, | ||
(b) shall state the reasons for the appeal, and | ||
(c) shall be in a form that complies with, and be accompanied by such documents as may be specified in, any requirements published by the Authority on a website maintained by or on behalf of the Authority. | ||
(3) Where an appeal is made under this section, the reviewer shall, without delay, assign the appeal to an appeals officer, who shall consider the appeal in accordance with this section. | ||
(4) An appeals officer considering an appeal under this section shall not be confined to the grounds on which the decision under appeal was based, but shall decide the matter the subject of the appeal as if it were being decided for the first time. | ||
(5) For the purposes of an appeal under this section, the appeals officer may by notice in writing to an applicant or reviewer, as the case may be, require the applicant or reviewer to provide, within such reasonable period as the appeals officer may specify, documentation or information in relation to any matter that may be relevant to the appeal. | ||
(6) An appeals officer considering an appeal under this section shall— | ||
(a) consider written submissions, including documentation or information provided under subsection (5) or in accordance with regulations under subsection (13), made by the applicant and by or on behalf of the reviewer, and | ||
(b) determine the appeal as soon as is practicable and in any case within such period as may be prescribed. | ||
(7) Where an appeal relates to a determination specified in section 114 (1)(b), an appeals officer may consult with the Pensions Authority in advance of determining the appeal. | ||
(8) An appeals officer, having considered an appeal in accordance with subsection (6), shall make a decision either— | ||
(a) confirming the relevant determination, or | ||
(b) substituting for the relevant determination any determination that the appeals officer considers appropriate in accordance with this Act. | ||
(9) The appeals officer shall notify the applicant in writing of the decision as soon as is practicable after the making of the decision and in any case within such period as may be prescribed, which notification shall— | ||
(a) give the reasons for the decision, | ||
(b) state the financial effect, if any, of the decision under section 118 , | ||
(c) inform the applicant of his or her right to appeal the decision to the High Court under section 117 , and | ||
(d) where the applicant is a participant or a person claiming to be a participant, inform the applicant that he or she may contact the Financial Services and Pensions Ombudsman if he or she remains unsatisfied. | ||
(10) The appeals officer shall give a copy of the notification under subsection (9) to— | ||
(a) the reviewer, and | ||
(b) in the case of a review of a determination specified in paragraph (b) or (f) of section 114 (1), any person treated for the purposes of the relevant determination or any substituted determination as an employer in employment that is not exempt employment, if different to the applicant. | ||
(11) Where a decision under subsection (8) substitutes a determination regarding whether employment is exempt employment, the employer in that employment shall notify all affected employees of the decision and any financial effect that the decision has under section 118 . | ||
(12) A decision under subsection (8) takes effect at the end of the period (or whichever is the later of the periods) referred to in section 117 (1), unless an appeal is brought under that section. | ||
(13) The Minister may make regulations in relation to the procedures for the conduct of appeals under this section, which may include procedures relating to— | ||
(a) the time limits for the deciding of appeals, | ||
(b) the making of submissions to the appeals officer, | ||
(c) the form and manner (which may include by electronic means) in which the appeal and submissions referred to in paragraph (b) may be made, and | ||
(d) the making of requests for further documentation or information by the appeals officer. |