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Regulation 5 The reference day

(1)

The amount of F1the administration levy payable for a financial year (“the levy year”) in respect of a scheme is calculated by reference to the number of the scheme's members on the reference day.

(2)

In the case of a scheme established on or before 31st March 2005, for the levy F2year beginning on 1st April 2005F3..., the reference day is 31st March 2005.

(3)

In the case of a scheme established on or after 1st April 2005, for the levy F4year beginning on 1st April 2005F5..., the reference day is the date on which the scheme becomes a registrable scheme.

(4)

For a levy year beginning on or after F61st April 2006 the general rule is that the reference day for a scheme is the last day of the scheme year which ended before the beginning of the previous levy year.

(5)

But if the scheme was established too late to have such a scheme year, the reference day is the date on which the scheme becomes a registrable scheme.

(6)

In this regulation and regulation 6 “member”, in relation to a scheme, does not include a life member of the scheme, unless he–

(a)

is a pensioner or pension credit member of the scheme, or

(b)

would be a deferred member if he were not an active member.

Annotations

Textual amendments

F1

Words in reg. 5(1) substituted (1.4.2007) by Occupational Pension Schemes (Levies) (Amendment) Regulations 2007 (S.I. 2007/994), regs. 1(3), 2(6)

F2

Word in reg. 5(2) substituted (1.4.2006) by Occupational Pension Schemes (Levies) (Amendment) Regulations 2006 (S.I. 2006/935), regs. 1(1), 2(3)(a)(i)

F3

Words in reg. 5(2) omitted (1.4.2006) by virtue of Occupational Pension Schemes (Levies) (Amendment) Regulations 2006 (S.I. 2006/935), regs. 1(1), 2(3)(a)(ii)

F4

Word in reg. 5(3) substituted (1.4.2006) by Occupational Pension Schemes (Levies) (Amendment) Regulations 2006 (S.I. 2006/935), regs. 1(1), 2(3)(a)(i)

F5

Words in reg. 5(3) omitted (1.4.2006) by virtue of Occupational Pension Schemes (Levies) (Amendment) Regulations 2006 (S.I. 2006/935), regs. 1(1), 2(3)(a)(ii)

F6

Words in reg. 5(4) substituted (1.4.2006) by Occupational Pension Schemes (Levies) (Amendment) Regulations 2006 (S.I. 2006/935), regs. 1(1), 2(3)(b)

Notes on Part 2

Textual amendments

F1

Pt. 2 heading substituted (1.4.2007) by Occupational Pension Schemes (Levies) (Amendment) Regulations 2007 (S.I. 2007/994), regs. 1(3), 2(3)