# The Occupational Pension Schemes (Fraud Compensation Payments and Miscellaneous Amendments) Regulations 2005, Regulation 2: Prescribed schemes


(1) For the purposes of section 182(1)(a) the Board shall not make a fraud compensation payment in respect of a scheme if it is—
(a) a scheme which has less than two members;
(b) a scheme which is made under section 7 of the Superannuation Act 1972 (superannuation of persons employed in local government service etc.) which provides pensions to persons employed in local government service;
(c) a scheme which is made under section 2 of the Parliamentary and Other Pensions Act 1987 (power to provide for pensions for Members of the House of Commons etc.);
(ca) a scheme, provision for which is made by virtue of section 81(3) of the Scotland Act 1998 (remuneration of members of the Parliament and Executive);
(d) a scheme—
(i) the only benefits provided by which are death benefits, and
(ii) under the provisions of which no member has accrued rights;
(e) a scheme which—
(i) before 6th April 2006 provides relevant benefits but is neither an approved scheme nor a relevant statutory scheme; or
(ii) on or after 6th April 2006 is not a registered pension scheme;
(f) a scheme with fewer than 12 members where all of the members are trustees of the scheme and either—
(i) the provisions of the scheme provide that any decision made by the trustees is made by the unanimous agreement of the trustees who are members of the scheme; or
(ii) the scheme has a trustee who is independent in relation to the scheme for the purposes of section 23 of the 1995 Act (power to appoint independent trustees) and is registered in the register maintained by the Authority in accordance with regulations made under subsection (4) of that section;
(g) a scheme with fewer than 12 members where a company is the sole trustee of the scheme, and all of the members of the scheme are directors of the company and either—
(i) the provisions of the scheme provide that any decision made by the company in its capacity as trustee is made by the unanimous agreement of the directors who are members of the scheme; or
(ii) one of the directors of the company is independent in relation to the scheme for the purposes of section 23 of the 1995 Act and is registered in the register maintained by the Authority in accordance with regulations made under subsection (4) of that section;
(h) a scheme with such a superannuation fund as is mentioned in section 615(6) of the 1988 Act (exemption from tax in respect of certain pensions);
(i) a public service pension scheme under the provisions of which there is no requirement for assets related to the intended rate or amount of benefit under the scheme to be set aside in advance (disregarding requirements relating to additional voluntary contributions);
(j) a scheme in respect of which any relevant public authority has given a guarantee or made any other arrangements for the purpose of securing that the assets of the scheme are sufficient to meet its liabilities;...
(k) the Chatsworth Settlement Estate Pension Scheme;... or
(ka) a pension scheme established under section 67 of the Pensions Act 2008.
(l) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) Where a section of a segregated scheme or a segregated part is treated as if it were a separate scheme which falls within paragraph 1(a) to (ka), it is a scheme for the purpose of section 182(1)(a) to which a fraud compensation payment shall not be made.

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Source: https://www.legislation.gov.uk/uksi/2005/2184/regulation/2 (the official version)
Page: https://openlegislation.uk/occupational-pension-schemes-fraud-compensation-payments-and-miscellaneous-amendments-regulations-2005/regulation-2
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.