Paragraph 8 Duty of trustees of a relevant scheme to carry out a qualifying tender process in connection with appointment, or change to the mandate, of an in-scope FM providerF1

(1)

The trustees of a relevant trust scheme must carry out, or have had carried out on their behalf, a qualifying tender process before—

(a)

appointing a person as an in-scope FM provider, or

(b)

increasing the amount of manageable assets managed by an in-scope FM provider.

(2)

But the duty in sub-paragraph (1) applies only if sub-paragraph (3) or (4) applies.

(3)

This sub-paragraph applies where—

(a)

the scheme does not already meet the AMT but would meet the AMT if the appointment or increase were made, and

(b)

the trustees are not a contracting authority for the purposes of F2the Procurement Act 2023 (“the Procurement Act”), the Public Contracts Regulations 2015 (“the PC Regulations”) or the Public Contracts (Scotland) Regulations 2015 (“the PCS Regulations”).

(4)

This sub-paragraph applies where—

(a)

the trustees are a contracting authority for the purposes of F3the Procurement Act, the PC Regulations or the PCS Regulations,

(b)

the relevant FM provider will not be, or was not, appointed following a procurement carried out in accordance with F4the Procurement Act, the PC Regulations or, as the case may be, under the PCS Regulations, and

(c)

either—

(i)

the scheme does not already meet the AMT but would meet the AMT if the appointment or increase were made, or

(ii)

if the scheme already meets the AMT, the appointment or increase would be the first to be made since the AMT was last met following the appointment of an FM provider, or an increase in the amount of assets managed by an FM provider, who was appointed as a result of a procurement carried out in accordance with F5the Procurement Act, the PC Regulations or, as the case may be, under the PCS Regulations.

(5)

For the purposes of sub-paragraph (4)(c)(ii), where any other appointment or increase is proposed to be made at the same time as the relevant appointment or increase, those appointments or increases (or both) are to be treated as a single appointment for the purposes of determining whether the requirement that the appointment or increase (as the case may be) would be the first to be made since the AMT was last met.

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: Words in Sch. para. 8(3)(b) inserted (24.2.2025) by The Procurement Act 2023 (Consequential and Other Amendments) Regulations 2025 (S.I. 2025/163), regs. 1(2), 9(2)(c)(i)
F3: Words in Sch. para. 8(4)(a) inserted (24.2.2025) by The Procurement Act 2023 (Consequential and Other Amendments) Regulations 2025 (S.I. 2025/163), regs. 1(2), 9(2)(c)(ii)
F4: Words in Sch. para. 8(4)(b) inserted (24.2.2025) by The Procurement Act 2023 (Consequential and Other Amendments) Regulations 2025 (S.I. 2025/163), regs. 1(2), 9(2)(c)(ii)
F5: Words in Sch. para. 8(4)(c)(ii) inserted (24.2.2025) by The Procurement Act 2023 (Consequential and Other Amendments) Regulations 2025 (S.I. 2025/163), regs. 1(2), 9(2)(c)(ii)