# The Registered Pension Schemes (Enhanced Lifetime Allowance) (Amendment) Regulations 2010, Note: Explanatory note


(This note is not part of the Regulations)
Part 4 of the Finance Act 2004 includes provision that an individual has a lifetime allowance in the amount of pensions savings that may benefit from tax relief. In some cases, an individual can have an enhanced lifetime allowance, provided that notice of intention to rely on the provisions that allow for this (“an intention notice”) is given in accordance with regulations.
Part 4 of that Act also includes provision for a charge to income tax: the lifetime allowance charge. Paragraph 12 of Schedule 36 provides, in certain circumstances, that there is no liability to the charge if an intention notice in relation to that paragraph is given in accordance with regulations.
The Registered Pension Schemes (Enhanced Lifetime Allowance) Regulations 2006 (“the 2006 Regulations”) contain the provisions about the giving of intention notices. Where a notice is accepted, Her Majesty’s Revenue and Customs (“HMRC”) issues a certificate to the individual. Regulations 20 and 21 make arrangements for HMRC to review any information given in, or in connection with, an intention notice. Regulation 22 allows HMRC to require information, particulars and documents from the individual who gave the intention notice in connection with a review and regulation 24(1)(b) allows for the amendment or withdrawal of a certificate where the individual does not comply with such a requirement. Regulation 23 gives the individual the right to appeal against a notice requiring information.
Powers for HMRC to seek information in connection with a review under regulations 20 and 21 of the 2006 Regulations are now contained in Schedule 36 to the Finance Act 2008. As such, regulation 2 of these Regulations revokes regulations 22 and 23 and makes consequential amendments, including to regulation 24(1)(b).
Regulation 1(2) of these Regulations preserves the effect of the 2006 Regulations in relation to notices requiring information issued by HMRC under regulation 22 before the coming into force of these Regulations.
A full Impact Assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.

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Source: https://www.legislation.gov.uk/uksi/2010/651/note (the official version)
Page: https://openlegislation.uk/registered-pension-schemes-enhanced-lifetime-allowance-amendment-regulations-2010/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.