Social Security Pensions Act 1975

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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

(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

F1 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