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PART 2E+WAdministration

DecisionsE+W

Applications for adjudication of disagreementsE+W

74.—(1) Each Scheme employer and administering authority must appoint a person (“the adjudicator”) to consider applications from any person whose rights or liabilities under the Scheme are affected by—

(a)a decision under regulation 72 (first instance decisions); or

(b)any other act or omission by a Scheme employer or administering authority,

and to make a decision on such applications.

(2) An applicant under paragraph (1)(a) may apply to the adjudicator appointed by the body making the decision, within six months of the date notification of the decision is given under regulation 73 (notification of first instance decisions).

(3) An applicant under paragraph (1)(b) may apply to the adjudicator appointed by the body responsible for the act or omission, within six months of the date of the act or omission which is the cause of the disagreement, or, if there is more than one, the last of them.

(4) The adjudicator may extend the time for making an application under paragraph (2) or (3).

(5) An application under paragraph (2) or (3) must—

(a)set out the applicant's name, address and date of birth;

(b)if the applicant is not a member of the Scheme, set out the applicant's relationship to any relevant member of the Scheme and give that member's full name, address, date of birth, national insurance number and the name of the member's Scheme employer;

(c)include a statement giving details of the nature of the disagreement and the reasons why the applicant is aggrieved;

(d)be accompanied by a copy of any written notification under regulation 73 (notification of first instance decision); and

(e)be signed by or on behalf of the applicant.

(6) The adjudicator must determine—

(a)the procedure to be followed when exercising functions under this regulation; and

(b)the manner in which those functions are to be exercised.