Explanatory note

These Regulations prescribe “authorised surplus payments” for the purposes of section 177 of the Finance Act 2004.

Regulation 2 prescribes as authorised surplus payments, payments which are made in compliance with sections 37 or 76 of the Pensions Act 1995. Payments made by to a sponsoring employer in respect of the death of a member of the scheme must, in addition, satisfy the conditions set out in paragraph (4).

Regulation 3 prescribes as authorised surplus payments, payments which meet conditions A to D as set out in paragraph (1). Paragraph (2) prescribes as authorised payments, payments which are made in respect of the death of a member of the scheme and which, in addition to meeting the requirements set out in paragraph (1), also meet the conditions E and F as set out.

The Board of Inland Revenue published a regulatory impact assessment in respect of the provisions of Part 4 of the Finance Act 2004, and subordinate legislation under it, on 8 April 2004. That assessment is now available on the website of HM Revenue and Customs at www.hmrc.gov.uk/ria/simplifying-pensions.pdf or obtained by writing to The Ministerial Correspondence Unit, 1st Floor, Ferrers House, PO Box 38, Castle Meadow Road, Nottingham, NG2 1BB.