The Pensions Regulator’s Determinations Panel
Produced in partnership with Thomas Robinson of Wilberforce Chambers
The Pensions Regulator’s Determinations Panel

The following Pensions practice note produced in partnership with Thomas Robinson of Wilberforce Chambers provides comprehensive and up to date legal information covering:

  • The Pensions Regulator’s Determinations Panel
  • What is the Determinations Panel?
  • Establishment and composition
  • Role of the Panel
  • Reserved regulatory functions
  • Compulsory review under the Special Procedure
  • The Regulator’s procedures for exercising its functions
  • Standard Procedure
  • Special Procedure
  • The Panel’s procedural rules and practice
  • More...

What is the Determinations Panel?

The Determinations Panel of the Pensions Regulator (the Panel) is a committee that is responsible for deciding whether the Pensions Regulator (the Regulator) should exercise certain of its more important regulatory functions. Where it does decide that a particular function should be exercised, it is also responsible for exercising it.

Establishment and composition

The Pensions Act 2004, s 9(1) (PeA 2004) requires the Regulator to establish and maintain the Panel. The Panel consists of a Chairman and at least six other persons. The Chairman is nominated by an ’appointments committee’ established by the chairman of the Regulator and is then appointed by the Board of the Regulator. The other members of the Panel are then nominated by the Chairman of the Panel and appointed by the Board of the Regulator.

Members of the Panel need not be lawyers. They have legal, business and/or pensions knowledge. They cannot be members of the Regulator or its staff, or members of the Pension Protection Fund or its staff. The current members of the Panel are listed on the Regulator’s website.

When the Panel makes a determination on whether the Regulator should exercise a regulatory function, it will usually do so by a sub-committee formed for that particular case, consisting of three members. Two members are a quorum.

The Panel uses the administrative support of staff supplied from within

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