OpenLegislation

Section 251 Information: general requirementsI1

United Kingdom

(1)

The Board of Inland Revenue may by regulations make provision requiring persons of a prescribed description—

(a)

to provide to the Inland Revenue, in a form specified by the Board of Inland Revenue, information of a prescribed description relating to any of the matters mentioned in subsection (2), and

(b)

to preserve for a prescribed period any documents relating to such information.

(2)

Those matters are—

(a)

any matter relating to a registered pension scheme,

(b)

any matter relating to a pension scheme which has ceased to be a registered pension scheme,

(c)

any matter relating to a pension scheme in relation to which an application for registration has been made,

(d)

any matter relating to an annuity purchased with sums or assets held for the purposes of a registered pension scheme,

(e)

the coming into operation of an employer-financed retirement benefits scheme, and

(f)

the provision of relevant benefits under an employer-financed retirement benefits scheme.

(3)

In subsection (2)—

  • “employer-financed retirement benefits scheme”, and

  • “relevant benefits”,

  • have the same meaning as in Chapter 2 of Part 6 of ITEPA 2003 (see sections 393A and 393B of that Act).

(4)

The Board of Inland Revenue may by regulations make provision—

(a)

requiring scheme administrators of registered pension schemes or other persons of a prescribed description to provide information of a prescribed description to persons of such of the descriptions mentioned in subsection (5) as are prescribed F1or to the scheme administrators of other registered pension schemes, F2...

(b)

requiring persons of such of the descriptions specified in subsection (5) as are prescribed to provide information of a prescribed description to the scheme administrators of registered pension schemes,

F3(ba)

requiring, in a case where a payment (“the onwards payment”) is made directly or indirectly out of a sum on whose payment tax has been charged under section 206, the person making the onwards payment to provide information of a prescribed description to the person to whom the onwards payment is made,

F4(c)

requiring scheme administrators of registered pension schemes to provide information of a prescribed description to scheme managers of qualifying recognised overseas pension schemes, or

(d)

requiring members or former members of a relevant non-UK pension scheme to provide information to the scheme administrators, or scheme managers, of registered pension schemes or other relevant non-UK pension schemes.

(5)

Those persons are—

(a)

members of a registered pension scheme,

F5(aa)

employers of members of a registered pension scheme,

(b)

persons who have ceased to be members of a registered pension scheme,

(c)

persons to whom benefits under a registered pension scheme are being, or have been, provided,

(d)

the personal representatives of any person within paragraphs (a) to (c), and

(e)

insurance companies who pay annuities purchased with sums or assets held for the purposes of registered pension schemes.

F6(5A)

Regulations under this section may make different provision for different cases.

(6)

“Prescribed”, in relation to regulations, means prescribed by the regulationsF7; and “relevant non-UK scheme” has the meaning given by paragraph 1 of Schedule 34.

Annotations

Textual amendments

F1

Words in s. 251(4)(a) inserted (6.4.2006) by Finance Act 2005 (c. 7), Sch. 10 paras. 47, 64(1)

F2

Word in s. 251(4)(a) omitted (17.12.2014) by virtue of Taxation of Pensions Act 2014 (c. 30), Sch. 1 para. 93(2)(a)

F3

S. 251(4)(ba) inserted (with effect in accordance with s. 21(10) of the amending Act) by Finance (No. 2) Act 2015 (c. 33), s. 21(6)

F4

S. 251(4)(c)(d) inserted (17.12.2014) by Taxation of Pensions Act 2014 (c. 30), Sch. 1 para. 93(2)(b)

F5

S. 251(5)(aa) inserted (8.4.2010) by Finance Act 2010 (c. 13), s. 49

F6

S. 251(5A) inserted (11.7.2023) by Finance (No. 2) Act 2023 (c. 30), s. 348(1)(b)(3)

F7

Words in s. 251(6) inserted (17.12.2014) by Taxation of Pensions Act 2014 (c. 30), Sch. 1 para. 93(3)

Commencement

I1

Ss. 160-274, 281, Schs. 30-35 in force at 6.4.2006 but any power to make an order or regulations under those provisions may be exercised at any time after Royal Assent, see s. 284

Notes on Part 4

Modifications

C1

Pt. 4 modified (N.I.) (1.4.2006) by The Firemens Pension Scheme Order (Northern Ireland) 2006 (S.R. 2006/210), arts. 1(2), 103

C2

Pt. 4 modified (6.4.2006) by The Pension Protection Fund (Tax) Regulations 2006 (S.I. 2006/575), regs. 1, 9, 10

C3

Pt. 4 modified (6.4.2006) by The Pension Protection Fund (Tax) Regulations 2006 (S.I. 2006/575), regs. 1, 12

C4

Pt. 4 modified (6.4.2006) by The Pension Protection Fund (Tax) Regulations 2006 (S.I. 2006/575), regs. 1, 13(5)

C5

Pt. 4 modified (6.4.2006) by The Pension Protection Fund (Tax) Regulations 2006 (S.I. 2006/575), regs. 1, 26

C6

Pt. 4 modified (31.12.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 3 para. 7; S.I. 2007/3203, art. 3(b)

C7

Pt. 4 modified (1.7.2008) (N.I.) (with effect in accordance with reg. 1 of the amending Rule) by The Health and Social Care (Pension Scheme) Regulations (Northern Ireland) 2008 (S.R. 2008/256), regs. 1, 124(1) (with regs. 134, 258)

C8

Pt. 4 modified by The Taxation of Pension Schemes (Transitional Provisions) Order 2006 (S.I. 2006/572), reg. 5A (as inserted (6.4.2006) by S.I. 2008/2990, arts. 1(1), 3)

C9

Pt. 4 applied (21.7.2009) by Finance Act 2009 (c. 10), Sch. 35 para. 18

C10

Pt. 4 modified (19.7.2011) by Finance Act 2011 (c. 11), Sch. 18 para. 14(3)

C11

Pt. 4 applied (with modifications) (with application in accordance with Sch. 22 para. 1 of the amending Act) by Finance Act 2013 (c. 29), Sch. 22 para. 1(2)

C12

Pt. 4 modified (17.7.2014) by Finance Act 2014 (c. 26), Sch. 6 para. 1(2)(3)

C13

Pt. 4: power to amend conferred (17.12.2014) by Taxation of Pensions Act 2014 (c. 30), s. 4(3)

C14

Pt. 4 modified (15.9.2016) by Finance Act 2016 (c. 24), Sch. 4 para. 1

C15

Pt. 4 modified (15.9.2016) by Finance Act 2016 (c. 24), Sch. 4 para. 9(2)

C16

Pt. 4 modified (with effect in relation to the tax year 2024-25 and subsequent tax years) by The MPs’, Senedd and Assembly Pension Schemes (Tax) Regulations 2025 (S.I. 2025/52), regs. 1(2)(3), 6

C17

Pt. 4 modified (14.7.2026 for the tax year 2014-15 and subsequent tax years) by The Public Service Pension Schemes (Rectification of Unlawful Discrimination) (Tax) Regulations 2026 (S.I. 2026/673), regs. 1(2), 10

Notes on Chapter 7

Modifications

C1

Pt. 4 modified (with effect in relation to the tax year 2024-25 and subsequent tax years) by The MPs’, Senedd and Assembly Pension Schemes (Tax) Regulations 2025 (S.I. 2025/52), regs. 1(2)(3), 6