{
  "url": "https://openlegislation.uk/occupational-pension-schemes-miscellaneous-amendments-regulations-1991/note",
  "json_url": "https://openlegislation.uk/occupational-pension-schemes-miscellaneous-amendments-regulations-1991/note.json",
  "legislation": "uksi/1991/2273",
  "legislation_title": "The Occupational Pension Schemes (Miscellaneous Amendments) Regulations 1991",
  "legislation_url": "https://openlegislation.uk/occupational-pension-schemes-miscellaneous-amendments-regulations-1991",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Regulations)\nThese Regulations make miscellaneous amendments to Regulations about occupational pension schemes.\nRegulation 2 implements Council Directive 88/361/EEC concerning the abolition of restrictions on movements of capital taking place between persons resident in member States (O.J. No. L178, 8.7.88, p.5). It amends regulation 30 of the Occupational Pension Schemes (Contracting-out) Regulations 1984 and provides that guaranteed minimum pensions may be secured by means of a policy of insurance or annuity contract which is taken out or entered into with an insurance company authorised by the competent authority of a member State.\nRegulation 3 inserts a new regulation 1A in the Occupational Pension Schemes (Discharge of Liability) Regulations 1985 which provides that benefits may be “appropriately secured” for the purposes of section 52C of the Social Security Pensions Act 1975 (extinguishment of liability of scheme for pensions secured by insurance policies or annuity contracts) in circumstances where—\n(i) a person resident in the United Kingdom acting on behalf of the insurance company is responsible for the duties of the scheme administrator; and\n(ii) the benefits are secured by an insurance policy taken out, or an annuity contract entered into, with an insurance company authorised by the competent authority of a member State.\nRegulation 3 is made before the end of the period of 6 months beginning with the coming into force of section 14 of, and paragraph 10 of Schedule 4 to, the Social Security Act 1990. Therefore, under section 61(5) of the Social Security Act 1986, no proposal to make regulation 3 has been submitted to the Occupational Pensions Board.\nThe report of the Occupational Pensions Board on the draft of regulations 1 and 2 which was referred to them, together with a statement by the Secretary of State showing that regulations 1 and 2 give effect to the Board’s recommendations, is contained in Command Paper No. 1687, published by Her Majesty’s Stationery Office.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1991/2273/note",
    "retrieved_at": "2026-10-29T14:36:55.966968+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}