Regulation 21 Requirements of other pension arrangements

England, Wales and Scotland

(1)

The prescribed requirements referred to in section 101F(2)(c) and (3)(b) of the 1993 Act (cash equivalent of F1pension credit rights to be used to subscribe to other pension arrangements which satisfy prescribed requirements) are that the pension arrangement to which it is proposed to subscribe—

(a)

is an overseas arrangement F2or;

F3(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)

if the scheme from which rights are transferred is of a kind described in any of sub-paragraphs (a) to (e) of paragraph (2), satisfies the requirements of the Inland Revenue.

(2)

The kinds of scheme mentioned in paragraph (1)(c) are—

(a)

a scheme which is approved by the Inland Revenue for the purposes of Chapter I of Part XIV of the Taxes Act (pension schemes, social security benefits, life annuities etc: retirement benefit schemes);

(b)

a scheme which is being considered for approval by the Inland Revenue for the purposes of Chapter I of Part XIV of the Taxes Act;

(c)

a relevant statutory scheme as defined in section 611A(1) M1 (definition of relevant statutory scheme) of the Taxes Act;

(d)

a fund to which section 608 of the Taxes Act (superannuation funds approved before 6th April 1980) applies; and

(e)

a scheme which is approved by the Inland Revenue under Chapter IV of Part XIV of the Taxes Act.

(3)

The prescribed circumstances referred to in section 101F(2)(c) and (3)(b) of the 1993 Act are those referred to in F4paragraph (1)(c).

Annotations

Textual amendments

F1: Words in reg. 21(1) substituted (6.4.2016) by The Pension Sharing (Miscellaneous Amendments) Regulations 2016 (S.I. 2016/289), regs. 1(2), 5(4)
F2: Word in reg. 21(1)(a) added (6.4.2009) by The Pensions Act 2008 (Abolition of Safeguarded Rights) (Consequential) Order 2009 (S.I. 2009/598), arts. 1, 8(6)(a)
F3: Reg. 21(1)(b) 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(6)(b)
F4: Words in reg. 21(3) substituted (6.4.2009) by The Pensions Act 2008 (Abolition of Safeguarded Rights) (Consequential) Order 2009 (S.I. 2009/598), arts. 1, 8(6)(c)

Marginal citations

M1: Section 611A(1) was inserted by section 75 of, and paragraphs 1, 15 and 18(1) of Part I of Schedule 6 to, the Finance Act 1989.