{
  "url": "https://openlegislation.uk/occupational-pension-schemes-assignment-forfeiture-bankruptcy-etc-amendment-regulations-2011/note",
  "json_url": "https://openlegislation.uk/occupational-pension-schemes-assignment-forfeiture-bankruptcy-etc-amendment-regulations-2011/note.json",
  "legislation": "uksi/2011/1801",
  "legislation_title": "The Occupational Pension Schemes (Assignment, Forfeiture, Bankruptcy etc.) (Amendment) Regulations 2011",
  "legislation_url": "https://openlegislation.uk/occupational-pension-schemes-assignment-forfeiture-bankruptcy-etc-amendment-regulations-2011",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Regulations)\nThese Regulations amend the Occupational Pension Schemes (Assignment, Forfeiture, Bankruptcy etc.) Regulations 1997 (S.I. 1997/785) to take account of changes made to the taxation of pension scheme contributions by the Finance Act 2011 (c. 11), which came into force on 19 July 2011, and has effect for the tax year 2011-2012 and subsequent tax years.\nThe Regulations provide that the prohibition on assignment, commutation or surrender of an entitlement to a pension in section 91(1)(a) of the Pensions Act 1995 (c. 26) (inalienability of occupational pension) does not apply to a scheme where any adjustments are made to a person’s pension benefits:\na) as a consequence of the scheme administrator making a payment in respect of that person’s annual allowance charge at their request, or\nb) under section 237E(1) of the Finance Act 2004 (c.12) as a consequence of the scheme administrator making a payment in respect of that person’s annual allowance charge under the arrangements provided for in section 237B of that Act.\nA full impact assessment has not been published for this instrument as it has only a negligible impact on the private sector and civil society organisations. However, an assessment of the impact of the provisions in the Finance Act 2011 (upon which part of these Regulations are consequential) is included in a Tax Information and Impact Note published on 9th December 2010 alongside the draft Finance (No. 3) Bill 2011 concerning the restriction of pensions tax relief. This was updated on 3rd March 2011 to reflect further decisions relating to the restriction of pension tax relief and is available at www.hmrc.gov.uk/thelibrary/tiins.htm. It remains an accurate summary of the impacts that apply to that legislation.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2011/1801/note",
    "retrieved_at": "2026-10-29T02:00:50.248886+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."
}