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Section 23 Determination of destinations for small potsI1

England, Wales and Scotland

(1)

Small pots regulations must require a prescribed person to make, in relation to each small dormant pension pot held by an auto-enrolment scheme—

(a)

a proposal in relation to the pot (“the default proposal”), and

(b)

one or more other proposals in relation to the pot (“the alternative proposals”).

(2)

For the purposes of this Chapter a “proposal”, in relation to a small dormant pension pot, means a proposal that—

(a)

the pot should be held by a specified consolidator scheme, and

(b)

if there is more than one arrangement under that scheme, the pot should be held subject to a specified arrangement under the scheme.

In this subsection “specified” means specified in the proposal.

(3)

Subsection (1) does not apply in relation to a small dormant pension pot if—

(a)

the auto-enrolment scheme that holds the pot is itself a consolidator scheme,

(b)

any of the sums or assets comprising the pot, or any sums or assets from which any of the sums or assets comprising the pot derive, were at any time comprised in a small dormant pension pot in respect of which a transfer notice was sent under small pots regulations, and

(c)

no response to that notice was received under section 24(3)(d)(ii).

(4)

A person prescribed under subsection (1) may be a body corporate established by or under the regulations.

(5)

Small pots regulations may, in compliance with subsection (1)—

(a)

prescribe one person to make all of the proposals required to be made under that subsection, or

(b)

prescribe two or more persons in relation to different descriptions of those proposals.

(6)

Small pots regulations must require a proposal made by virtue of subsection (1) to be notified to the trustees or managers of the auto-enrolment scheme that holds the pension pot to which the proposal relates (unless those trustees or managers are themselves the destination proposer).

(7)

A person prescribed under subsection (1) is referred to in this Chapter as a “destination proposer”.

Annotations

Commencement

I1

S. 23 in force at Royal Assent, see s. 133(4)(b)