Regulation 10 Service of information and documents by a schemeF1

(1)

Except where these Regulations otherwise provide, the trustees of the scheme may furnish or give any relevant information by—

(a)

sending it to a member or beneficiary’s last known postal address; or

(b)

subject to paragraphs (2) to (4), using either or both of the following methods—

(i)

sending it to a member or beneficiary’s last known electronic address,

(ii)

making it available on a website (see regulation 10B).

(2)

Where the member or beneficiary has requested in writing that—

(a)

any relevant information; or

(b)

all relevant information,

is not furnished or given in accordance with paragraph (1)(b), that relevant information may not be furnished or given in accordance with paragraph (1)(b).

(3)

Relevant information may only be furnished or given in accordance with paragraph (1)(b) where the trustees of the scheme are satisfied that the electronic communications have been designed—

(a)

so that members or beneficiaries will be able to—

(i)

get access to, and

(ii)

store or print,

the relevant information; and

(b)

taking into account the requirements of disabled persons.

(4)

Where—

(a)

a member or beneficiary was a member or beneficiary of the scheme on 1st December 2010; and

(b)

that member or beneficiary has not received relevant information by means of an electronic communication before 1st December 2010,

relevant information may not be furnished or given to that member or beneficiary in accordance with paragraph (1)(b) unless the trustees of the scheme have given them by post the written notice referred to in paragraph (5).

(5)

The written notice mentioned in paragraph (4) must state that—

(a)

the trustees of the scheme propose to furnish or give relevant information to the member or beneficiary by means of an electronic communication; and

(b)

the member or beneficiary may request in writing that relevant information is not furnished or given by means of an electronic communication.

(6)

In this regulation, “relevant information” means any information or document which these Regulations require the trustees of a scheme to give or furnish to a member or beneficiary of the scheme.

Annotations

Textual amendments

F1: Regs. 10-10B substituted for reg. 10 (1.12.2010) by The Occupational, Personal and Stakeholder Pension Schemes (Disclosure of Information) (Amendment) Regulations 2010 (S.I. 2010/2659), regs. 1(2), 3(7)