{
  "url": "https://openlegislation.uk/draft-awe-pension-scheme-transfer-of-assets-regulations-2026/regulation-9",
  "json_url": "https://openlegislation.uk/draft-awe-pension-scheme-transfer-of-assets-regulations-2026/regulation-9.json",
  "legislation": "ukdsi/2026/9780348288186",
  "legislation_title": "The AWE Pension Scheme (Transfer of Assets) Regulations 2026",
  "legislation_url": "https://openlegislation.uk/draft-awe-pension-scheme-transfer-of-assets-regulations-2026",
  "path": "regulation/9",
  "kind": "regulation",
  "number": "9",
  "heading": "Modifications",
  "text": "(1) This regulation applies where a direction containing an instruction under regulation 3(2) is given by the Secretary of State.\n(2) In the Pensions Act 1995—\n(a) in considering whether to make an order under section 3 in relation to the AWE Pension Scheme, the Authority may take into account whether acts or omissions of a person were in connection with a direction under these Regulation;\n(b) no act or omission done in good faith in connection with a direction under these Regulations shall be grounds to issue a penalty under section 10;\n(c) for the purposes of section 11(1), the Authority may not take into account an act or omission in connection with a direction under these Regulations;\n(d) where the trustee company acts in connection with a direction, this does not constitute a delegation of its discretion to make a decision about investments for the purposes of section 34(2).\n(3) In the Finance Act 2004 a payment by the trustee company in compliance with such a direction is not an unauthorised employer payment or treated as an unauthorised employer payment for the purposes of section 160(4).\n(4) In Part 1 of the Pensions Act 2004, an act or omission done in good faith in connection with a direction under these Regulations—\n(a) is not a contravention of one or more provisions of the pensions legislation for the purposes of sections 13 and 14;\n(b) is not an act which constitutes a misuse or misappropriation of any of the assets of the AWE Pension Scheme for the purposes of sections 15 or 16;\n(c) does not give rise to an immediate risk to the interests of members under the scheme or the assets of the scheme for the purposes of section 23;\n(d) is not a course of conduct giving rise to the offence for the purposes of sections 58A and 58B;\n(e) does not give rise to a penalty under section 88A.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "Section 3 was inserted by section 33 of the 2004 Act and amended by S.I. 2010/22."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "The “Authority” is defined in section 124(1) of the Pensions Act 1995 as the Pensions Regulator."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "Section 10 was amended by Schedule 2 to the Welfare Reform and Pensions Act 1999, Schedule 13 to the 2004 Act, Schedule 13 to the Tribunals, Courts and Enforcement Act 2007 (c. 15), Schedule 9 to the Crime and Courts Act 2013 (c. 22) and Schedule 7 to the 2021 Act."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "Section 34(2) was amended by section 5 of the Trustee Delegation Act 1999 (c. 15)."
    },
    {
      "type": "footnote",
      "label": "f5",
      "text": "2004 c. 12; section 160(4) was amended by section 161 of, and Schedule 23 to, the Finance Act 2006 (c. 25)."
    },
    {
      "type": "footnote",
      "label": "f6",
      "text": "“Payment” is defined in section 161 of the Finance Act 2004."
    },
    {
      "type": "footnote",
      "label": "f7",
      "text": "Section 13 was amended by Schedule 4 to the Public Service Pensions Act 2013 (c. 25), Schedule 2 to the 2015 Act, S.I. 2015/879 and Schedule 3 to the 2021 Act."
    },
    {
      "type": "footnote",
      "label": "f8",
      "text": "Section 23 was amended by the Schedule 4 to the 2015 Act."
    },
    {
      "type": "footnote",
      "label": "f9",
      "text": "Section 58A was inserted by section 107 of the 2021 Act."
    },
    {
      "type": "footnote",
      "label": "f10",
      "text": "Section 58B was inserted by section 107 of the 2021 Act."
    },
    {
      "type": "footnote",
      "label": "f11",
      "text": "Section 88A was inserted by section 115 of the 2021 Act."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukdsi/2026/9780348288186/regulation/9",
    "retrieved_at": "2026-10-31T10:33:06.538474+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}