# Pension Schemes Act 2026, Section 90: Regulator’s direction-making powers during period of concern

Extent: E+W+S
Status: prospective

(1) The Regulator may during a period of concern direct a member of the superfund group or the trustees of the superfund scheme to do any or all of the following—
(a) take a specified step that an approved response plan identifies as one which they are to take;
(b) take a specified step that the Regulator considers likely to enable or facilitate the carrying out of an approved response plan;
(c) if a person has failed to comply with section 88(1) or (3)(b) (requirement to propose response plan or revised response plan), take a specified step that the Regulator considers necessary or expedient for the purpose of responding to the event of concern in the interests of members of the superfund scheme;
(d) ensure that for a specified period—
(i) no payments are made out of the assets of the superfund scheme to or in respect of members;
(ii) no transfers of liabilities are made from the superfund scheme.
(2) A direction under subsection (1)(c) may not require the provision of financial support to the superfund scheme.
(3) A member of the superfund group, and the trustees of the superfund scheme, must comply with a direction given to them by the Regulator under this section; and if compliance with a direction results in a breach of the rules of the scheme, the breach is to be disregarded for all purposes.
(4) If an approved response plan contemplates that a person will become the responsible body of a superfund, and that person agrees to become the responsible body, the Regulator may direct that that person is to become the responsible body from a specified time.
(5) In this section, “specified” means specified (or of a description specified) in the direction.
(6) See section 91 for further provision about directions under subsection (1)(d).

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Source: https://www.legislation.gov.uk/ukpga/2026/22/section/90 (the official version)
Page: https://openlegislation.uk/pension-schemes-act-2026/section-90
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

