Request for review of the guidance given on the follow-up to the December 2008 request (Neither the follow up request nor the request for a review, has been treated as FOI)

Thank you for your e-mail of requesting a review of the reply I sent you on 12^th January 2009.

You may recall that when I wrote to you on 28^th November 2008 I explained that the Freedom of Information Act does not cover the provision of legal advice on the operation of Regulations, or of their application in individual situations.

I also explained that whilst this Department aims to help those with questions about the operation of legislation by providing guidance where possible, any such guidance should not be taken as a definitive statement of how the legislation works (ultimately, that is a matter for the courts).

You will appreciate, therefore, that although we have provided guidance on the Stakeholder Pension Scheme Regulations in the past, none of the requests on which that guidance was based, is covered by the Freedom of Information Act. We cannot, therefore, carry out a review under that Act on the guidance we gave on 12^th January 2009.

However, if, as would appear to be the case, you are not happy with that guidance, you should consider taking your own legal advice.

Finally, should you require further guidance on the drafting of the Stakeholder Pension Scheme Regulations, you should contact the Department for Work and Pensions, Direct Contribution & Investment Policy Team, 3^rd Floor, 1-11 John Adams Street, London WC2N 6HT (Telephone: 020 7962 8000).