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Section 16 Appointment of chair of trustees or managers

(1)

The Administration Regulations are amended in accordance with paragraphs (2) and (3).

(2)

In regulation 1(2) (interpretation)—

(a)

after the definition of “business days” insert—

““chair” means—

  1. (a)

    the person appointed as chair of the trustees or managers of a relevant scheme, in accordance with regulation 22;

  2. (b)

    the person appointed as chair of the trustees of a relevant scheme by someone other than the trustees, in accordance with the trust deed or scheme rules; or

  3. (c)

    in the case of a scheme established under section 67 of the Pensions Act 2008 M1 (duty to establish a pension scheme), the person appointed as chair of the trustee corporation established under section 75 of that Act;”;

(b)

after the definition of “money purchase scheme”M2 insert—

““professional trustee body” means a body which—

  1. (a)

    was not established by an employer in relation to the scheme;

  2. (b)

    is remunerated for its services as a trustee by one or more schemes;

  3. (c)

    has arranged a policy of indemnity insurance in relation to the exercise of its functions as a trustee of the scheme; and

  4. (d)

    is carrying out its functions as a trustee of the scheme in the ordinary course of a profession or business which consists of, or includes, providing and holding itself out as providing services in connection with the management or administration of trusts or any particular aspect of such management or administration, whether or not such services relate to a particular kind of trust;”.

(3)

After regulation 21 (circumstances where notice of non-payment of any amount payable to a scheme need not be given) add—

“PART V

GOVERNANCE OF RELEVANT SCHEMES

CHAPTER 1

GENERAL

Duty to appoint a chair of the trustees or managers

22
(1)

Where a relevant scheme which is a trust scheme does not have a chair appointed, the trustees must appoint a chair of the trustees in accordance with this regulation.

(2)

The chair of the trustees must be—

(a)

an individual who is a trustee of the scheme;

(b)

a professional trustee body which is a trustee of the scheme;

(c)

where a company which is not a professional trustee body is a trustee of the scheme, an individual who is a director of that company and through whom the company exercises its functions as a trustee of the scheme, or a professional trustee body which is a director of that company; or

(d)

in the case of a scheme established under section 67 of the Pensions Act 2008 (duty to establish a pension scheme), a member of the trustee corporation established under section 75 of that Act.

(3)

Where a relevant scheme is not a trust scheme, the managers must appoint one of their number to be the chair of the managers.

(4)

Subject to paragraph (6), the first chair of a relevant scheme must be appointed before the end of the period of 3 months beginning with the date on which the scheme is established.

(5)

Where the chair ceases to hold office as chair for any reason, the trustees or managers must appoint a replacement in accordance with the provisions of this regulation, before the end of the period of 3 months beginning with the date on which the chair ceases to hold that office.

(6)

Paragraph (4) does not apply to a relevant scheme which was established before 6th April 2015 and, if the scheme has no chair on that date, the first chair must be appointed before the end of the period of 3 months beginning with that date.”.

(4)

In regulation 3(1) of the Register of Occupational and Personal Pension Schemes Regulations (Northern Ireland) 2005 M3 (registrable information) after sub-paragraph (d) insert—

“(da)

in the case of an occupational pension scheme which is a relevant scheme within the meaning of the Occupational Pension Schemes (Scheme Administration) Regulations (Northern Ireland) 1997 M4, the name of the person for the time being appointed as the chair within the meaning of regulation 1(2) of those Regulations;”.

Annotations

Marginal citations

M1

2008 c. 30; section 67 was amended by section 30(2) of the Finance (No. 3) Act 2010 (c. 33)

M2

The definition of “money purchase scheme” was inserted by paragraph 16(2)(a) of the Schedule to S.R. 1997 No. 160

M3

S.R. 2005 No. 93; regulation 3 was amended by regulation 4 of S.R. 2006 No. 297

M4

S.R. 1997 No. 94; the definitions of “relevant scheme” and “chair” are inserted by regulations 14(a) and 16(2)(a) of these Regulations