Paragraph 2 General InterpretationF1
England, Wales and Scotland
In this Schedule—
“the AMT” means the asset management threshold (see paragraph 4);
“competitive tender process” has the meaning given in Article 2.1 of the 2019 Order, as it had effect immediately before the commencement date;
“continuing in-scope FM provider” has the meaning given in paragraph 3(12);
“excepted person”, in relation to a relevant trust scheme, means—
- (a)
a trustee of the scheme,
- (b)
a trustee owned company,
- (c)
the employer that has the power to act on behalf of all employers in the scheme in relation to the scheme rules,
- (d)
the principal employer for the purposes of the scheme in accordance with the scheme rules,
- (e)
if the scheme is a Master Trust scheme (within the meaning given in section 1 of the Pension Schemes Act 2017)—
- (i)
the scheme funder (as defined by section 39 of that Act), if that person is an IC-FM firm or a body corporate connected to an IC-FM firm, or
- (ii)
the scheme strategist (as defined by section 39 of that Act), if that person is an IC-FM firm or a body corporate connected to an IC-FM firm, or
- (i)
- (f)
a person who is connected to any of the persons mentioned in paragraph (c), (d) or (e);
- (a)
“FM provider” has the meaning given in paragraph 3(2);
“IC-FM firm” means a person who provides both investment consultancy services and fiduciary management services to the trustees of a relevant trust scheme;
“in-scope assets” has the meaning given in paragraph 4(3);
“in-scope FM provider” is to be read in accordance with paragraph 3(11);
“manageable assets” has the meaning given in paragraph 3(5);
“NRP FM provider” has the meaning given in paragraph 9(2);
“out-of-scope FM provider” has the meaning given in paragraph 3(13);
“qualifying tender process” has the meaning given in paragraph 5;
“relevant tender process” means—
- (a)
a qualifying tender process,
- (b)
a competitive tender process,
- (c)
where the trustees are a contracting authority for the purposes of the Public Contracts Regulations 2015, a procurement carried out in accordance with those Regulations, F2...
- (d)
where the trustees are a contracting authority for the purposes of the Public Contracts (Scotland) Regulations 2015, a procurement under those Regulations F3, or
- (e)
where the trustees are a contracting authority for the purposes of the Procurement Act 2023, a procurement carried out in accordance with that Act.
- (a)
Annotations
Textual amendments
- F1
Sch. inserted (1.10.2022) by The Occupational Pension Schemes (Governance and Registration) (Amendment) Regulations 2022 (S.I. 2022/825), reg. 1(2), Sch.
- F2
Word in Sch. para. 2 omitted (24.2.2025) by virtue of The Procurement Act 2023 (Consequential and Other Amendments) Regulations 2025 (S.I. 2025/163), regs. 1(2), 9(2)(a)(i)
- F3
Words in Sch. para. 2 inserted (24.2.2025) by The Procurement Act 2023 (Consequential and Other Amendments) Regulations 2025 (S.I. 2025/163), regs. 1(2), 9(2)(a)(ii)