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Explanatory note

Original text. Later amendments are not shown.

(This note is not part of the Regulations)

These Regulations restrict the proportion of the resources of an occupational pension scheme that may be invested in employer-related investments.

Regulation 1 defines “member”, “pensionable service” and “scheme” for the purposes of regulations 2 to 5.

Regulation 2 provides that the restriction on investment in employer-related investments in regulation 3 shall, subject to certain exceptions, apply to those occupational pension schemes which are—

(a)

approved by the Inland Revenue or subject to an application for such approval; or

(b)

exempt from tax by reason of being a superannuation fund approved before 6th April 1980.

Regulation 3 provides that the proportion of a scheme’s resources that may at any time be invested in employer-related investments must not exceed 5 per cent.

By regulation 4 that limit does not apply to employer-related investments—

(a)

in bank or building society accounts;

(b)

of additional voluntary contributions provided that the member has agreed in writing; and

(c)

in policies of insurance issued in respect of persons who have agreed in writing.

Regulation 5 provides that any employer-related investments which exceed the limit prescribed by regulation 3 on 9th March 1992 may, subject to certain time limits, be retained.

Regulation 6 requires trustees of schemes to include in their annual report information on any employer-related investments of the scheme.

The Report of the Occupational Pensions Board on the draft of these Regulations which was referred to them, together with a statement by the Secretary of State showing that these Regulations give effect to the Board’s recommendations, is contained in Command Paper No. 1805, published by Her Majesty’s Stationery Office.