{
  "url": "https://openlegislation.uk/pension-sharing-pension-credit-benefit-regulations-2000/regulation-10",
  "json_url": "https://openlegislation.uk/pension-sharing-pension-credit-benefit-regulations-2000/regulation-10.json",
  "legislation": "uksi/2000/1054",
  "legislation_title": "The Pension Sharing (Pension Credit Benefit) Regulations 2000",
  "legislation_url": "https://openlegislation.uk/pension-sharing-pension-credit-benefit-regulations-2000",
  "path": "regulation/10",
  "kind": "regulation",
  "number": "10",
  "heading": "Transfer of a person’s pension credit rights without consent",
  "text": "(1) For the purposes of section 101D(4) of the 1993 Act (form of pension credit benefit and its alternatives), the trustees or managers of an occupational pension scheme may provide for a person’s pension credit rights under that scheme to be transferred to another occupational pension scheme without that person’s consent where the conditions set out in paragraphs (2) and either (3) or (7), as the case may be, are satisfied.\n(2) The condition set out in this paragraph is that the trustees or managers of the transferring scheme consider that, in the circumstances, it is reasonable for the transfer to be made without the person’s consent and the requirements of paragraph (5) are satisfied.\n(3) The condition set out in this paragraph is that, subject to paragraph (6)—\n(a) the relevant actuary gives a certification, by completing the certificate in the Schedule, in relation to the person’s pension credit rights in the receiving scheme;\n(b) the relevant actuary sends that certificate to the trustees or managers of the transferring scheme;\n(c) the transfer takes place within 3 months of the date of the relevant actuary’s signature in the certificate; and\n(d) there are no significant changes to the benefits, data and documents used in making the certificate (see the benefits, data and documents specified in the certificate) by the date on which the transfer takes place.\n(4) For the purpose of making the certification in paragraph 2 of the certificate in the Schedule, the relevant actuary shall, in considering whether there is good cause, have regard to all the circumstances of the case and in particular—\n(a) to any established custom of the receiving scheme with regard to the provision of discretionary benefits or increases in benefits; and\n(b) to any announcements made with regard to the provision of such benefits under the receiving scheme.\n(5) The requirements of this paragraph are that all the conditions set out in sub-paragraphs (a) and (b) are satisfied, namely—\n(a) the trustees or managers of the scheme give the person with pension credit rights at least 30 days’ written notice of their intention to transfer those rights to another occupational pension scheme unless the person with those rights exercises a right to give a transfer notice under section 101F of the 1993 Act (the first mentioned notice being given in accordance with regulations 26 to 28 (giving information and documents) of the Occupational and Personal Pension Schemes (Disclosure of Information) Regulations 2013 or delivered to that person personally); and\n(b) when the trustees or managers of the scheme agree with the trustees or managers of the receiving scheme to transfer those rights, there is no outstanding transfer notice by the person with pension credit rights under section 101F of the 1993 Act.\n(6) Paragraph (3) does not apply where the whole of the pension credit rights to be transferred are derived from rights accrued in a money purchase scheme.\n(7) The condition set out in this paragraph is that any scheme rule which allows the transfer of a person’s pension credit rights derived from rights accrued in a money purchase scheme without the consent of the person with those rights must require the trustees or managers of the scheme to be reasonably satisfied that the amount transferred is at least equal to the amount described in regulation 11.\n(8) In this regulation—\n“relevant actuary\" means—\n(a)where the transferring scheme is a scheme for which an actuary is required under section 47 of the 1995 Act (professional advisers) to be appointed, the individual for the time being appointed in accordance with subsection (1) of that section as actuary for that scheme;\n(b)in any other case, a Fellow of the Institute and Faculty of Actuaries or a person with other actuarial qualifications who is approved by the Secretary of State, at the request of the trustees or managers of the scheme, as being a proper person to act for the purposes of this regulation in connection with the scheme.\n(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .",
  "extent": "E+W+S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Reg. 10(3) substituted (6.4.2011) by The Occupational and Personal Pension Schemes (Miscellaneous Amendments) Regulations 2011 (S.I. 2011/672), regs. 1(2)(b), 6(2)(a)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in reg. 10(4) substituted (6.4.2011) by The Occupational and Personal Pension Schemes (Miscellaneous Amendments) Regulations 2011 (S.I. 2011/672), regs. 1(2)(b), 6(2)(b)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in reg. 10(5)(a) substituted (6.4.2014) by The Occupational and Personal Pension Schemes (Disclosure of Information) Regulations 2013 (S.I. 2013/2734), reg. 1(1), Sch. 9 para. 8(3)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Words in reg. 10(8) substituted (6.4.2012) by The Pensions (Institute and Faculty of Actuaries and Consultation by Employers Amendment) Regulations 2012 (S.I. 2012/692), regs. 1(2), 10"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Reg. 10(9) omitted (6.4.2009) by virtue of The Pensions Act 2008 (Abolition of Safeguarded Rights) (Consequential) Order 2009 (S.I. 2009/598), arts. 1, 8(3)"
    },
    {
      "type": "M",
      "label": "M1",
      "text": "The Institute of Actuaries is at Staple Inn Hall, High Holborn, London WC1V 7QJ. The Faculty of Actuaries is at Maclaurin House, 18 Dublin Street, Edinburgh EH1 3PP."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2000/1054/regulation/10",
    "retrieved_at": "2026-10-29T09:12:31.439056+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."
}