The Occupational Pension Schemes (Scheme Administration) Regulations 1996
S.I. 1996/1715 · Made 2 July 1996 · Extends to England, Wales and Scotland
PENSIONS
Made 2nd July 1996
Laid before Parliament 5th July 1996
Coming into force 6th April 1997
The Secretary of State for Social Security in exercise of powers conferred on him by sections 27(3) and (5), 32(2) and (3), 47(3), (5), (6) and (9), 49(1), (2), (4), (5) and (8), 87(1), (2) and (3), 88(1), 124(1) and 174(2) and (3) of the Pensions Act 1995M1, and of all other powers enabling him in that behalf, by this instrument, which is made before the end of the period of six months beginning with the coming into force of the provisions of Part I of that Act by virtue of which they are madeM2, hereby makes the following regulations:
Annotations to the whole text
Marginal citations
- M1
1995 c.26. Section 124(1) is cited because of the meaning ascribed to “prescribed” and “regulations”.
- M2
See section 120(2)(c) of the Pensions Act 1995. This provides that the requirement to consult does not apply where regulations are made before the end of six months beginning with the coming into force of the provisions of Part I of the Pensions Act 1995 by virtue of which they are made.
Contents
- Part I: INTRODUCTION
- 1Citation, commencement and interpretation
- Part II: Advisers and Service Providers
- 2Appointment of professional advisers by trustees or managers
- 3Exemptions from the professional advisers requirements
- 4Qualifications and experience or approval required for appointment as the auditor or actuary
- 5Manner and terms of appointment and removal of professional advisers
- 6Duty to disclose information
- 6AAppointment of service providers in respect of relevant schemes
- Part III: TRUSTEES
- TRUSTEES: GENERAL
- 7Ineligibility to act as actuary or auditor
- 8Meaning of trustee of a trust scheme
- FUNCTIONS OF TRUSTEES
- 9Exemption from the requirement to give notice of an occasion when a specified number of trustees must be present for a decision
- 10Manner of, and time for giving, notice when a specified number of trustees must be present for a decision
- RECEIPTS, PAYMENTS AND RECORDS
- 11Exemption from the requirement for money to be kept by the trustees
- 12Requirement for trustees to keep books and records
- 13Records of trustees’ meetings
- 14Period for which books and records must be kept
- 15Employer to make payments of benefits into a separate account
- 16Prescribed time in which an employer must make payments to trustees or managers
- 16AExemptions from the requirement to notify the Authority or the member of a late contribution payment
- Part IV: MONEY PURCHASE SCHEMES
- 17Exemption from requirement to secure a payment schedule
- 18Amounts to be shown in a payment schedule
- 19Requirements which a payment schedule must satisfy
- 20Period within which notice must be given Repealed
- 21Circumstances where notice of non-payment of any amount payable to a scheme need not be given
- Part V: GOVERNANCE OF RELEVANT SCHEMES
- Chapter 1: GENERAL
- 22Duty to appoint a chair of the trustees or managers
- 23Annual statement regarding governance
- 24Requirements for processing financial transactions
- 25Assessment of charges and transaction costs
- 25AAssessment of asset allocation
- Chapter 3: RELEVANT MULTI-EMPLOYER SCHEMES
- 26Annual statement regarding governance: relevant multi-employer schemes
- 27Appointment of trustees
- 28Appointment of trustees: trustees who are non-affiliated
- 29Representation of members
- Part 6: Governance of relevant trust schemes
- Chapter 1: Introductory
- 30Scope of Part 6
- 31General interpretation
- 32Time at which services are provided
- Chapter 2: Use of fiduciary management services
- 33Duties of trustees to carry out tender process in connection with the provision of fiduciary management services by FM providers
- Chapter 3: Use of investment consultancy services
- 34Meaning of “IC provider”, “existing IC provider” and related expressions
- 35Duty to set objectives for IC providers
- 36Duty to review performance of IC providers
- Chapter 4: Compliance
- Compliance notices
- 37Compliance notice
- 38Third party compliance notice
- Penalty notices
- 39Penalty notices
- 40Penalty notices: recovery of penalty
- 41Penalty notices: recovery of penalty from bodies corporate and Scottish partnerships
- Service of notices
- 42Service of notices
- Review of notices
- 43Review of notices
- References to the Upper Tribunal
- 44Reference to the Upper Tribunal
- Signature
- Schedule: Duties of trustees of relevant trust schemes in connection with provision of FM services
- Part 1: Introductory
- 1Scope
- 2General Interpretation
- 3Meaning of “FM provider”, “in-scope FM provider”, “continuing in-scope FM provider”, “out-of-scope FM provider”, “manageable assets” and related expressions
- 4The asset management threshold
- 5Meaning of “qualifying tender process”
- Part 2: Duties of trustees of relevant trust schemes which met the asset management threshold before the commencement date
- 6Application of Part 2
- 7Duty of trustees to carry out a qualifying tender process in connection with continued use of continuing in-scope FM providers
- Part 3: Duties of trustees of relevant trust schemes which meet the asset management threshold on or after the commencement date
- 8Duty of trustees of a relevant scheme to carry out a qualifying tender process in connection with appointment, or change to the mandate, of an in-scope FM provider
- 9Duty of the trustees to carry out a qualifying tender process in respect of arrangements with existing FM providers not appointed following a relevant tender process
- 10Notification to FM providers
- Explanatory note