Occupational Pension Schemes (Oral Hearing) Regulations, 1997.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: These Regulations may be cited as the Occupational Pension Schemes (Oral Hearing) Regulations, 1997.
2 Definitions
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paragraphs: In these Regulations
"the Act" means the Pensions Act 1990 ;
"applicant" means a person specified in section 38 (3) of the Act who makes an application in writing to the Board for a determination under section 38, 53, 58, 64A or 75 of the Act;
"the Board" has the meaning assigned to it by section 2 (1) of the Act;
"hearing" means an oral hearing for the purpose of determining a question by the Board under section 38, 53, 58, 64A or 75 of the Act;
"notice: means notice in writing given to the person to whom it relates either by delivering it to the person or by sending it by post in a prepaid registered letter addressed to the person at the address at which he ordinarily resides;
"tribunal" means such member or members of the Board or other person or persons as the Board may authorise for the purpose of holding a hearing.
3 Hearing
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paragraphs: If in its absolute discretion the Board decides to hold a hearing under section 26 (1) of the Act, it shall either hold a hearing or appoint a tribunal to hold a hearing.
4 Notification of hearing
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paragraphs: (1) The Board or the tribunal shall, as soon as may be, fix a time, date and place for the hearing, and notice thereof shall be given not less than 21 days before the hearing to
( a ) the applicant;
( b ) any other person concerned who has made a representation in writing to the Board under section 26 (1) in connection with the question to be determined by it;
( c ) any person (other than a person specified in (a) or (b) of this article) whom the Board or the tribunal requires to attend to give evidence at the hearing in connection with the question to be determined.
(2) The Board or the tribunal may require any person specified under sub-article (1) of this article to produce at a hearing any documents in his possession, custody, control or procurement relating to the question to be determined.
5 Attendance at hearing
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paragraphs: (1) The applicant shall, unless otherwise determined by the Board or the tribunal on application to it by the applicant in writing, appear at the hearing in person and may be accompanied by any other person with the consent of the Board or the tribunal.
(2) There may also appear at the hearing any other person notified in accordance with article 4 of these Regulations.
(3) A person appearing at the hearing in accordance with sub-articles (1) and (2) of this article may, with the prior consent of the Board or the tribunal, be represented at the hearing by any other person including a legal representative.
6 Procedure at hearing
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paragraphs: (1) The procedure at the hearing shall be such as the Board or the tribunal may determine,
(2) The hearing, or any part of it, may take place in public or in private, as determined by the Board or the tribunal.
(3) The Board or the tribunal may
( a ) proceed with the hearing notwithstanding that any person specified in sub-article (1) of article 4 of these Regulations has failed to attend the hearing;
( b ) postpone or adjourn the hearing from time to time as it may consider appropriate;
( c ) admit any document or other material it may consider to be appropriate to the question for determination.
(4) A record of the proceedings at the hearing shall be made by such person and in such manner as the Board or the tribunal may authorise for that purpose.
7 Failure to comply with Regulations
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paragraphs: The Board may determine any question referred to it, notwithstanding the failure or neglect of the applicant or any other person to comply with any requirement of these Regulations.
8 Notification of determinations by the Board
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paragraphs: A notice of a determination by the Board shall be made in writing and sent as soon as may be to the persons specified in the paragraphs (a) and (b) of sub-article (1) of article 4 of these Regulations and to any other person as determined by the Board.
GIVEN under the Official Seal of the Minister for Social Welfare,
this 31st day of January, 1997.
PROINSIAS DE ROSSA,
Minister for Social Welfare.
EXPLANATORY NOTE.
These Regulations provide for the procedure to be adopted when the Pensions Board have decided to hold an oral hearing before making a determination under the provisions of the Pensions Act.
The Regulations allow the Board full discretion in deciding if an oral hearing should be held and the time date and place of such hearing.
Where the Board has decided that a hearing is to take place, the Regulations set out the procedure in relation to notifications, the people who may attend the hearing, how the hearing itself should be conducted and who should be notified of the Board's determination in any particular case.
The Regulations come into force immediately.