Social Security Pensions Act 1975

[F1 Information about and registration of occupational pension schemes] E+W+S

Textual Amendments

F1 Sections 56A, 56E and 56L inserted by Social Security Act 1985 (c. 53), Sch. 2

56A Power to make regulations requiring disclosure of information about schemes to members etc. E+W+S

(1) The Secretary of State may by regulations specify requirements to be complied with in the case of an occupational pension scheme with respect to keeping the persons mentioned in subsection (2) below informed of—

(a) its constitution;

(b) its administration and finances;

(c) the rights and obligations that arise or may arise under it; and

(d) any other matters that appear to the Secretary of State to be relevant to occupational pension schemes in general or to pension schemes of a description to which that sceme belongs.

(2) The persons referred to in subsection (1) above are—

(a) members and prospective members of the scheme;

(b) spouses of members and prospective members;

(c) persons within the application of the scheme and qualifying or prospectively qualifying for its benefits;

(d) independent trade unions recognised to any extent for the purposes of collective bargaining in relation to members and prospective members of the scheme.

(3) Without prejudice to the generality of section 166(2) of the principal Act, the regulations may distinguish between—

(a) cases in which information is to be given as of course; and

(b) cases in which information need only be given on request or in other prescribed circumstances.

(4) The regulations shall make provision for referring to an industrial tribunal any question whether an organisation is such a trade union as is mentioned in subsection (2)(d) above.

(5) Regulations under this section override any provision of an occupational pension scheme to the extent that that provision conflicts with them.

(6) The Occupational Pension Board may at any time, and shall if requested by the trustees or managers of an occupational pension scheme, advise on any question whether any provision of regulations under this section does or does not override any provision of the scheme.

(7) On an application made to them in respect of an occupational pension scheme, (other than a public service pension scheme) by persons competent to make such an application in respect of it, the Occupational Pensions Board shall issue a determination on any such question as is mentioned in subsection (6) above.

(8) The persons competent to make an application under subsection (7) above are—

(a) the persons mentioned in section 41E(2)(a) above; and

(b) such other persons as regulations may specify, in relation to any category of schemes into which the scheme falls, as being proper persons to make an application for the purposes of subsection (7) above in respect of a scheme of that category.

(9) In this section “independent trade union” has the meaning assigned to it by section 153 of the Employment Protection (Consolidation) Act 1978.

Modifications etc. (not altering text)

C1 Under reg. 3(8) of S.I. 1987/1116, s. 56A has effect (27.7.1987) in relation to personal pension schemes subject to the modifications in para. 1 of Sch. 3 to that S.I.

56B–56D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2 E+W+S

Textual Amendments

F2 Ss. 56B-56D, 56E(1)(c), 56F-56K(3) repealed (with effect from 18.7.1990) by Social Security Act 1990 (c. 27), s. 13(2) and Sch. 7 (and expressed to be repealed (7.2.1994) by 1993 c. 48, s. 188, Sch. 5 Pt. I; S.I. 1994/86, art. 2)

56E Additional documents for members etc. and registrar. E+W+S

(1) Without prejudice to the generality of the power conferred on him by subsection (1) of section 56A above, the Secretary of State may by regulations require the trustees of an occupational pension scheme or, if there are no trustees, the managers—

(a) to obtain at such times as may be prescribed documents to which this subsection applies;

(b) to make copies of them available to the persons specified in subsection (2) of that section; and

(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

(2) In relation to any scheme the documents to which subsection (1) above applies are—

(a) its audited accounts;

(b) an auditor’s statement about contributions under it;

(c) an actuarial valuation of its assets in relation to its liabilities; and

(d) an actuary’s statement concerning such aspects of any such valuation as may be prescribed.

(3) The Secretary of State may by regulations—

(a) prescribe the persons who may act as auditors or actuaries for the purposes of this section; or

(b) provide that the persons who may so act shall be—

(i) persons with prescribed professional qualifications or experience; or

(ii) persons approved by the Secretary of State.

(4) The Secretary of State may by regulations make provision as to the form and content of any such document as is mentioned in subsection (2) above.

(5) Regulations under this section override any provision of an occupational pension scheme to the extent that that provision conflicts with them.

(6) The Occupational Pensions Board may at any time, and shall if requested by the trustees or managers of an occupational pension scheme, advise on any question whether any provision of regulations under this section does or does not override any provision of the scheme.

(7) On an application made to them in respect of an occupational pension scheme (other than a public service pension scheme) by persons competent to make such an application in respect of it, the Occupational Pensions Board shall issue a determination on any such question as is mentioned in subsection (6) above.

(8) The persons competent to make an application under subsection (7) above in respect of a scheme are—

(a) the persons mentioned in section 41E(2)(a) to (d) above; and

(b) such other persons as regulations may specify, in relation to any category of schemes into which the scheme falls, as being proper persons to make the application for the purposes of subsection (7) above in respect of a scheme of that category.

Textual Amendments

F3 Ss. 56B-56D, 56E(1)(c), 56F-56K(3) repealed (with effect from 18.7.1990) by Social Security Act 1990 (c. 27), s. 13(2) and Sch. 7

56F–56J . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4 E+W+S

Textual Amendments

F4 Ss. 56B-56D, 56E(1)(c), 56F-56K(3) repealed (with effect from 18.7.1990) by Social Security Act 1990 (c. 27), s. 13(2) and Sch. 7 (and expressed to be repealed (7.2.1994) by 1993 c. 48, s. 188, Sch. 5 Pt. I; S.I. 1994/86, art. 2)

56K

(1)–(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

(5)(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

Textual Amendments

F5 Ss. 56B-56D, 56E(1)(c), 56F-56K(3) repealed (with effect from 18.7.1990) by Social Security Act 1990 (c. 27), s. 13(2) and Sch. 7 (and expressed to be repealed (7.2.1994) by 1993 c. 48, s. 188, Sch. 5 Pt. I; S.I. 1994/86, art. 2)

F6 S. 56K(4) repealed (before coming into force) by Social Security Act 1986 (c. 50), Sch. 11 (and expressed to be repealed (7.2.1994) by 1993 c. 48, s. 188, Sch. 5 Pt. I; S.I. 1994/86, art. 2 )

F7 Ss. 56K(5)(6), 56L(1)(b), (5)(b) and (9), 56M and 56N repealed (with effect from 18.7.1990) by Social Security Act 1990 (c. 27), s. 13(2) and Sch. 7 (and expressed to be repealed (7.2.1994) by 1993 c. 48, s. 188, Sch. 5 Pt. I; S.I. 1994/86, art. 2)

56L (1) If the trustees or managers of a scheme, having made default in complying with—

(a) regulations under section 56A or 56E(1)(b) . . . F8 above; or

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9

fail to make good the default within 14 days after the service of a notice on them requiring them to do so, an order may be made under this subsection.

(2) The Secretary of State may by regulations specify forms for notices under subsection (1) above.

(3) An order under subsection (1) above is an order directing the trustees or managers to make good the default within such time as may be specified in the order.

(4) The power to make such an order shall be exercisable by the appropriate court on the application of a person to whom this subsection applies.

(5) Subsection (4) above applies—

(a) to the Secretary of State;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9

(c) to any person authorised by the Secretary of State . . . F8 to make an application under this section; and

(d) in the case of a default in complying with regulations under section 56A or 56E(1)(b) above, to any aggrieved person.

(6) In this section “the appropriate court” means—

(a) in England and Wales, a county court; and

(b) in Scotland, the sheriff.

(7) An application to the sheriff shall be made by summary application.

(8) An order under this section may provide that all costs (or in Scotland, expenses) of and incedental to the application shall be borne personally by any of the trustees or managers of the scheme.

(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9

Textual Amendments

F8 Words repealed (with effect from 1.10.1990) by Social Security Act 1990 (c. 27), Sch. 7

F9 Ss. 56K(5)(6), 56L(1)(b), (5)(b) and (9), 56M and 56N repealed (with effect from 18.7.1990) by Social Security Act 1990 (c. 27), s. 13(2) and Sch. 7

Modifications etc. (not altering text)

C2 Under reg. 3(8) of, and para. 2 of Sch. 3 to, S.I. 1987/1116, s. 56L above has effect (27.7.1987) in relation to personal pension schemes subject to the substitution, in subsection (1), of “a personal pension scheme” for “a scheme”.

56M, 56N. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10 E+W+S

Textual Amendments

F10 Ss. 56K(5)(6), 56L(1)(b), (5)(b) and (9), 56M and 56N repealed (with effect from 18.7.1990) by Social Security Act 1990 (c. 27), s. 13(2) and Sch. 7 (and expressed to be repealed (7.2.1994) by 1993 c. 48, s. 188, Sch. 5 Pt. I; S.I. 1994/86, art. 2)