The Pensions Regulator Tribunal Rules 2005

Review of Tribunal’s decision

27.—(1) If, on the application of a party or of its own initiative, the Tribunal is satisfied that—

(a) its decision determining a reference was wrongly made as a result of an error on the part of the Tribunal staff; or

(b) new evidence has become available since the conclusion of the hearing to which that decision relates, the existence of which could not have been reasonably known or foreseen,

the Tribunal may review and set aside the relevant decision.

(2) An application for the purposes of paragraph (1) shall be made—

(a) orally at the hearing immediately following the announcement of the decision by the Tribunal; or

(b) by way of written application filed not later than 14 days after the notification of the decision is sent to the party making the application,

stating the grounds on which the application is based.

(3) Where the Tribunal proposes to review its decision of its own initiative, it shall notify the parties of that proposal not later than 14 days after the date on which the decision was sent to the parties.

(4) The parties shall have an opportunity to make representations on any application or proposal for review under this rule and the review shall be determined either by the same members of the Tribunal who decided the case or by a differently constituted Tribunal appointed by the President.

(5) The decision of the Tribunal whether or not to set aside the decision shall be recorded in a certificate signed by the Chairman.

(6) If, having reviewed the decision, the decision is set aside—

(a) the Tribunal shall—

(i) substitute such decision as it thinks fit; or

(ii) order a re-hearing before either the same or a differently constituted Tribunal; and

(b) the certificate of the Chairman recording the decision in accordance with paragraph (5) shall be sent to the Secretary who shall immediately—

(i) make such correction as may be necessary in the register; and

(ii) shall send a copy of the entry so corrected to each party.

(7) If, having reviewed the decision, the decision is not set aside, the Secretary shall notify each of the parties in writing to this effect.