Section 42 Regulations restricting creation of new non-scale default arrangementsI1
England, Wales and Scotland
The appropriate authority may make regulations for the purpose of restricting the ability of the provider of a pension scheme to begin operating a non-scale default arrangement.
The regulations may, in particular, make provision—
prohibiting the provider of a pension scheme from beginning to operate a non-scale default arrangement unless the arrangement is approved by the appropriate regulator;
about the criteria which the appropriate regulator must apply in deciding whether to approve a non-scale default arrangement;
about the conditions which the appropriate regulator may or must attach to approval;
about the ongoing requirements to which the provider of a pension scheme is to be subject in relation to a non-scale default arrangement approved under the regulations;
where assets of a pension scheme are held subject to a non-scale default arrangement that is being operated in breach of the regulations, requiring the provider of the pension scheme in question to ensure that the assets are held subject to a different arrangement of a description specified in the regulations;
conferring functions on the appropriate regulator, including functions involving the exercise of a discretion;
for ensuring compliance with the regulations, including provision for the imposition of civil penalties not exceeding £100,000;
for the making of a reference to the First-tier Tribunal or Upper Tribunal in respect of anything done under the regulations.
Regulations under this section are subject to the affirmative procedure.
Annotations
Commencement
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S. 42 in force at Royal Assent for specified purposes, see s. 133(1)