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The Registered Pension Schemes (Splitting of Schemes) (Amendment) Regulations 2015 in Wales

S.I. 2015/667 · Made 12 March 2015

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Income Tax

Made 12th March 2015

Laid before the House of Commons 12th March 2015

Coming into force 6th April 2015

The Commissioners for Her Majesty’s Revenue and Customs make the following Regulations in exercise of the powers conferred by section 274A of the Finance Act 2004f1 and now exercisable by themf2.

Annotations to the whole text

Footnotes

f1

2004 c. 12; section 274A was inserted by paragraph 50 of Schedule 10 to the Finance Act 2005 (c. 7).

f2

The functions of the Commissioners of Inland Revenue were transferred to the Commissioners for Her Majesty’s Revenue and Customs by section 5 of the Commissioners for Revenue and Customs Act 2005 (c. 11). Section 50 of that Act provides that, in so far as it is appropriate in consequence of section 5, a reference, however expressed, to the Commissioners of Inland Revenue is to be read as a reference to the Commissioners for Her Majesty’s Revenue and Customs.

Contents

  1. 1Citation and commencement
  2. 2Amendment of the Registered Pension Schemes (Splitting of Schemes) Regulations 2006
  3. 3Amendment of the Registered Pension Schemes (Splitting of Schemes) Regulations 2006
  4. 4Amendment of the Registered Pension Schemes (Splitting of Schemes) Regulations 2006
  5. 5Amendment of the Registered Pension Schemes (Splitting of Schemes) Regulations 2006
  6. Signature
  7. Explanatory note

1Citation and commencement

These Regulations may be cited as the Registered Pension Schemes (Splitting of Schemes) (Amendment) Regulations 2015 and come into force on 6th April 2015.

2Amendment of the Registered Pension Schemes (Splitting of Schemes) Regulations 2006

The Registered Pension Schemes (Splitting of Schemes) Regulations 2006f1 are amended as follows.

3Amendment of the Registered Pension Schemes (Splitting of Schemes) Regulations 2006

In the table in Schedule 1 (schemes to be treated as split schemes)—

(a)

in the second column of the entry for the Police Pension Scheme, for “1982” substitute “1976”;

(b)

after the entry for the Police Pension Scheme insert—

“

Police Pension Scheme (England and Wales) 2015Sections 1 to 5, 7, 8, 12, 18 and 25, paragraph 7 of Schedule 2, Schedule 3 and paragraphs 1, 2 and 5 of Schedule 7 to the Public Service Pensions Act 2013f1The Police Pension Regulations 2015f2

”;

(c)

in the first column of the entry for the Firefighters Pension Scheme, after “Scheme” insert “and Firefighters’ Pension (Wales) Scheme”f3; and

(d)

after the entry for the Firefighters Pension Scheme (as amended by sub-paragraph (c)) insert—

“

Firefighters’ Pension Scheme (Wales) 2015Sections 1 to 4, 7, 8, 12 and 18, paragraph 6 of Schedule 2, Schedule 3 and paragraphs 20 and 21 of Schedule 5 to the Public Service Pensions Act 2013The Firefighters’ Pension Scheme (Wales) Regulations 2015f4
Firefighters’ Pension Scheme 2015Sections 1 to 4, 8 and 18, paragraph 6 of Schedule 2 and Schedule 3 to the Public Service Pensions Act 2013The Firefighters’ Pension Scheme (England) Regulations 2014f5

”.

4Amendment of the Registered Pension Schemes (Splitting of Schemes) Regulations 2006

In the table in Part 1 of Schedule 3 (responsibilities and liabilities of sub-scheme administrators in respect of a sub-scheme: Finance Act 2004)f1—

(a)

omit the entries for sections 227(3), 258(1) and 259(1) and paragraphs 19(1)(d) and 19(2)(e) of Schedule 29;

(b)

before the entry for section 205 insert—

“

Section 192f2Deduction of relief at source

”;

(c)

after the entry for section 205 insert—

“

Section 205Af3Serious ill-health lump sum charge

”;

(d)

before the entry for section 238(3) and (4) insert—

“

Section 237B to 237Ef4Annual allowance charge

”; and

(e)

after the entry for section 272 insert—

“

Section 272A to 272Cf5Liability of independent trustee, scheme administrator and former scheme administrator

”.

5Amendment of the Registered Pension Schemes (Splitting of Schemes) Regulations 2006

In Part 2 of Schedule 3 (responsibilities and liabilities of sub-scheme administrators in respect of a sub-scheme: secondary legislation)—

(a)

omit—

(i)

“The Registered Pension Schemes and Employer Financed Retirement Benefit Schemes (Information) (Prescribed Description of Person) Regulations 2005”;

(ii)

“The Taxes Management Act 1970 (Modification of Schedule 3 for Pension Schemes Appeals) Order 2005”; and

(iii)

“The Registered Pension Schemes (Transfer of Sums and Assets) Regulations 2006”; and

(b)

insert at the end—

“The Registered Pension Schemes etc (Information) (Prescribed Descriptions of Persons) Regulations 2010f1

The Registered Pension Schemes (Notice of Joint Liability for the Annual Allowance Charge) Regulations 2011f2

The Registered Pension Schemes (Modification of Scheme Rules) Regulations 2011f3”.

Signature

Edward Troup

Jim Harra

Two of the Commissioners for Her Majesty’s Revenue and Customs

12th March 2015

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Registered Pension Schemes (Splitting of Schemes) Regulations 2006 (S.I. 2006/569) (“the Principal Regulations”).

Regulation 3 amends the table in Schedule 1 to the Principal Regulations to add three new public service pension schemes and make two minor changes to existing entries.

Regulation 4 amends the list, in Part 1 of Schedule 3 to the Principal Regulations, of the responsibilities and liabilities in the Finance Act 2004 (c. 12) that are assumed by sub-scheme administrators. Five existing entries are removed and four new entries are added.

Regulation 5 amends the list, in Part 2 of Schedule 3 to the Principal Regulations, of the secondary legislation containing responsibilities and liabilities that are assumed by sub-scheme administrators. Three existing entries are removed and three new entries are added.

A Tax Information and Impact Note has not been prepared for this instrument as it gives effect to existing policy and makes routine changes to the Principal Regulations.