{
  "url": "https://openlegislation.uk/pension-schemes-act-2026/section-51",
  "json_url": "https://openlegislation.uk/pension-schemes-act-2026/section-51.json",
  "legislation": "ukpga/2026/22",
  "legislation_title": "Pension Schemes Act 2026",
  "legislation_url": "https://openlegislation.uk/pension-schemes-act-2026",
  "path": "section/51",
  "kind": "section",
  "number": "51",
  "heading": "Transferable members",
  "text": "(1) The trustees or managers of a relevant scheme (“the principal scheme”) are not required to comply with section 50(1) in relation to eligible members of the scheme (whether comprising the members of the scheme generally or a subset of those members) in relation to whom the first or second condition is met; and such members are referred to in this Chapter as “transferable members”.\n(2) The first condition is that the trustees or managers of the principal scheme have determined that it is not reasonably practicable for them to design and make available to the members concerned default pension benefit solutions.\n(3) The second condition is that the trustees or managers of the principal scheme have determined that a qualifying pension benefit solution of a qualifying scheme (other than the principal scheme) will provide a better outcome for the members concerned than any default pension benefit solution that the trustees or managers of the principal scheme could design and make available to them.\n(4) Where the principal scheme has transferable members, the trustees or managers must take the steps set out in subsection (5) in respect of them.\n(5) The steps mentioned in subsection (4) are to—\n(a) identify a qualifying scheme (the “receiving scheme”) that is able to and agrees to—\n(i) receive a transfer in respect of the accrued rights of the transferable member (a “relevant transfer”), and\n(ii) make a qualifying pension benefit solution available to the transferable member;\n(b) at such times or in such circumstances as may be prescribed, enter into arrangements (“transfer arrangements”) with the receiving scheme with a view to effecting a relevant transfer to that scheme;\n(c) take any other prescribed steps.\n(6) In carrying out the step in subsection (5)(a), the trustees or managers of the principal scheme must have regard to the matters mentioned in section 50(4) (and for that purpose references in those paragraphs to “the scheme” are to the principal scheme).\n(7) Section 50(5) applies for the purposes of subsection (6) as it applies for the purposes of section 50(4).\n(8) The trustees or managers of the principal scheme must, at least in such circumstances or at such times or intervals as may be prescribed, review the suitability of any qualifying pension benefit solution in respect of which they have identified a qualifying scheme as mentioned in subsection (5)(a).\n(9) In this Chapter, “qualifying pension benefit solution”, in relation to a qualifying scheme, means a pension benefit solution designed and maintained by the trustees or managers of the scheme that—\n(a) is designed for delivering money purchase benefits under that scheme to—\n(i) the members of the scheme generally, or\n(ii) a subset of those members,\n(b) is designed to provide a regular income for the members concerned in their retirement (whether or not together with other benefits), and\n(c) meets any other conditions that may be prescribed.\n(10) Nothing in this Chapter authorises any transfer in respect of a person’s accrued rights under a relevant scheme without that person’s consent.\n(11) In this section “qualifying scheme” means—\n(a) an occupational pension scheme, or\n(b) a personal pension scheme,\nthat is a registered scheme and meets any prescribed conditions.\n(12) If a transferable member accepts in writing a proposal of the principal scheme for the transferable member’s accrued rights to be transferred to the receiving scheme—\n(a) the trustees or managers of the principal scheme must communicate that proposal to the receiving scheme, and\n(b) the proposal is to be treated as requiring the receiving scheme to enrol the transferable member as a member of the receiving scheme and use the cash equivalent to provide rights for the member under that scheme.\n(13) Regulations may make provision about the conditions in subsections (2) and (3), including about the basis on which the determinations mentioned in those subsections are to be made.\n(14) ​Regulations may require a pension scheme of a prescribed description to agree to receive a transfer in respect of the accrued rights of a transferable member where—\n(a) the principal scheme has been unable, having used reasonable endeavours, to identify a qualifying scheme that is able and willing to do so, and\n(b) any other prescribed conditions are met.\n(15) A requirement under subsection (14) may only be imposed on a pension scheme that is one or both of the following—\n(a) a Master Trust scheme within the meaning of the Pension Schemes Act 2017;\n(b) a consolidator scheme within the meaning of Chapter 2 of Part 2 (consolidation of small dormant pension pots).\n(16) Regulations may prohibit or limit the charging of fees in respect of transfers made under transfer arrangements.\n(17) Regulations may provide for the manner in which cash equivalents are to be calculated and verified.\n(18) Regulations under subsection (8), (16) or (17) are subject to the negative procedure; and other regulations under this section are subject to the affirmative procedure.",
  "extent": "E+W+S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "S. 51 in force at Royal Assent for specified purposes, see s. 133(1)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/2026/22/section/51",
    "retrieved_at": "2026-10-29T08:41:23.531539+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."
}