Section 8 Financial sustainability requirementC1C2C3C4C6C7C8C9C10C11I1I2I3C5
Northern Ireland
This section applies for the purposes of enabling the Regulator to decide whether it is satisfied that a Master Trust scheme is financially sustainable (see section 5(3)(b)).
In order to be satisfied that a Master Trust scheme is financially sustainable, the Regulator must be satisfied—
that the business strategy relating to the scheme is sound, and
that the scheme has sufficient financial resources to meet the costs mentioned in subsection (3).
The costs are—
the costs of setting up and running the scheme, and
in the event of a triggering event occurring—
the costs of complying with the duties in sections 20 to 33, and
the costs of continuing to run the scheme for such period (which must be at least six months and no more than two years) as the Regulator thinks appropriate for the scheme.
In deciding whether it is satisfied about the matters mentioned in subsection (2)(a) and (b), the Regulator must take into account any matters specified in regulations made by the Department.
The regulations may include provision specifying—
the information that the Regulator must take into account, such as—
the scheme’s business plan and supporting documents and information (see section 9);
the scheme’s accounts and the accounts of a scheme funder;
requirements to be met by the scheme or by a scheme funder relating to its financing, such as requirements relating to assets, capital or liquidity.
The first regulations that are made under this section are subject to the confirmatory procedure.
Any subsequent regulations under this section are subject to negative resolution.
Annotations
Modifications
- C1
Pt. 1 modified (6.4.2022) by The Occupational Pension Schemes (Master Trusts) Regulations (Northern Ireland) 2022 (S.R. 2022/121), regs. 1, 28(2)
- C2
Pt. 1 excluded (6.4.2022) by The Occupational Pension Schemes (Master Trusts) Regulations (Northern Ireland) 2022 (S.R. 2022/121), regs. 1, 27(1)
- C3
Pt. 1 modified (6.4.2022) by The Occupational Pension Schemes (Master Trusts) Regulations (Northern Ireland) 2022 (S.R. 2022/121), regs. 1, 28(4)(a)
- C4
Pt. 1 excluded (6.4.2022) by The Occupational Pension Schemes (Master Trusts) Regulations (Northern Ireland) 2022 (S.R. 2022/121), regs. 1, 26(1)
- C5
S. 8 restricted (1.4.2023) by The Occupational Pension Schemes (Master Trusts) Regulations (Northern Ireland) 2023 (S.R. 2023/59), regs. 1, 8(5)
- C6
Pt. 1 applied (with modifications) (N.I.) (3.10.2022) by The Occupational Pension Schemes (Master Trusts) (No. 2) Regulations (Northern Ireland) 2022 (revoked) 2022 (S.R. 2022/234), regs. 1, 28, 29
- C7
Pt. 1 excluded (N.I.) (3.10.2022) by The Occupational Pension Schemes (Master Trusts) (No. 2) Regulations (Northern Ireland) 2022 (revoked) 2022 (S.R. 2022/234), regs. 1, 26, 27
- C8
Pt. 1 excluded (29.9.2023) by The Occupational Pension Schemes (Master Trusts) (No. 2) Regulations (Northern Ireland) 2023 (S.R. 2023/148), regs. 1, 26
- C9
Pt. 1 applied (with modifications) (29.9.2023) by The Occupational Pension Schemes (Master Trusts) (No. 2) Regulations (Northern Ireland) 2023 (S.R. 2023/148), regs. 1, 28(4)(a)
- C10
Pt. 1 excluded (29.9.2023) by The Occupational Pension Schemes (Master Trusts) (No. 2) Regulations (Northern Ireland) 2023 (S.R. 2023/148), regs. 1, 27
- C11
Pt. 1 applied (with modifications) (29.9.2023) by The Occupational Pension Schemes (Master Trusts) (No. 2) Regulations (Northern Ireland) 2023 (S.R. 2023/148), regs. 1, 28(2)
Commencement
- I1
S. 8 not in operation at Royal Assent, see s. 44(2)
- I2
S. 8 in operation at 16.3.2022 for specified purposes by S.R. 2022/110, art. 2(a)
- I3
S. 8 in operation at 6.4.2022 in so far as not already in operation by S.R. 2022/110, art. 2(b)
Notes on Part 1
Modifications
- C7
Pt. 1 modified (1.4.2023) by The Occupational Pension Schemes (Master Trusts) Regulations (Northern Ireland) 2023 (S.R. 2023/59), regs. 1, 28(4)(a)
- C8
Pt. 1 modified (1.4.2023) by The Occupational Pension Schemes (Master Trusts) Regulations (Northern Ireland) 2023 (S.R. 2023/59), regs. 1, 28(2)
- C9
Pt. 1 excluded (1.4.2023) by The Occupational Pension Schemes (Master Trusts) Regulations (Northern Ireland) 2023 (S.R. 2023/59), regs. 1, 27(1)
- C10
Pt. 1 excluded (1.4.2023) by The Occupational Pension Schemes (Master Trusts) Regulations (Northern Ireland) 2023 (S.R. 2023/59), regs. 1, 26(1)
- C15
Pt. 1 excluded (27.3.2024) by The Occupational Pension Schemes (Master Trusts) Regulations (Northern Ireland) 2024 (S.R. 2024/78), regs. 1, 26
- C16
Pt. 1 applied (with modifications) (27.3.2024) by The Occupational Pension Schemes (Master Trusts) Regulations (Northern Ireland) 2024 (S.R. 2024/78), regs. 1, 28(4)(a)
- C17
Pt. 1 excluded (27.3.2024) by The Occupational Pension Schemes (Master Trusts) Regulations (Northern Ireland) 2024 (S.R. 2024/78), regs. 1, 27
- C18
Pt. 1 applied (with modifications) (27.3.2024) by The Occupational Pension Schemes (Master Trusts) Regulations (Northern Ireland) 2024 (S.R. 2024/78), regs. 1, 28(2)