Social Security Act 1985

Section 3.

SCHEDULE 2 Information About and Registration of Occupational Pension Schemes

The following shall be inserted after section 56 of the [1975 c. 60.] Social Security Pensions Act 1975—

“Information about and registration of occupational pension schemes

56A Power to make regulations requiring disclosure of information about schemes to members etc.

(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 occupational pension schemes of a description to which that scheme 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 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 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 [1978 c. 44.] Employment Protection (Consolidation) Act 1978.

56B The registrar of occupational pension schemes.

(1) The Secretary of State may appoint a registrar of occupational pension schemes.

(2) The registrar may be a body corporate.

(3) The Secretary of State may set up such offices and appoint such staff as he thinks necessary for the registrar.

(4) The registrar may appoint an agent to perform functions on his behalf, other than excluded functions, and in this section " registration agent" means an agent appointed under this subsection.

(5) In subsection (4) above " excluded functions" means—

(a) functions under any of the following provisions of this Act—

(i) section 56D(5) to (7);

(ii) section 56G(2) and (3) ;

(iii) sections 56J to 56L ;

(iv) section 56N ;

(b) functions under any Northern Ireland enactment corresponding to a provision mentioned in paragraph (a) above.

(6) An appointment under subsection (4) above shall be on such terms as the Secretary of State, with the concurrence of the Treasury, may approve.

(7) The Secretary of State may, if he thinks fit-

(a) remove the registrar from office ; and

(b) where part of the dwelling-house is used as a shop or office, or for business, trade or professional purposes, of a reasonable amount in respect of any goodwill of the business, trade or profession, being goodwill transferred to the incoming tenant in connection with his becoming a statutory tenant of the dwelling-house or accruing to him in consequence thereof.

(8) The amount-

(a) of any salaries for the registrar and his staff ; and

(b) of any sums to be paid in respect of expenses incurred by the registrar in performing his functions,

shall be fixed by the Secretary of State with the concurrence of the Treasury.

(9) The expenses referred to in subsection (8) above include payments falling to be made to a registration agent.

(10) The Secretary of State may by regulations—

(a) give the registrar additional functions ; and

(b) provide for the manner in which the registrar is to perform any of his functions.

(11) In relation to functions of the registrar that are being performed by a registration agent, references to the registrar in this Part of this Act or in any corresponding Northern Ireland enactment are references to the registration agent.

(12) If the registrar or a registration agent is a body corporate, this Part of this Act and any corresponding Northern Ireland enactment shall have effect in relation to that body subject to any necessary modifications.

56G Documents to be lodged with registrar.

(1) Except in such cases or classes of cases as may be prescribed, and subject to the following provisions of this Part of this Act, it shall be the duty of the trustees of a scheme or, if there are no trustees, the duty of the managers, to lodge with the registrar—

(a) a copy—

(i) of the trust deed constituting the scheme, if it is constituted by such a deed ; and

(ii) of any document constituting the scheme, if it is not constituted by a trust deed;

and, if the rules of the scheme are not set out in any trust deed or other document which falls to be lodged under sub-paragraph (i) or (ii) above, a copy of the rules ;

(b) a copy of any document referred to in a document a copy of which falls to be lodged under paragraph (a) above;

(c) a copy of any document which amends or supplements or wholly or partly supersedes a document a copy of which falls to be lodged under paragraph (a) above or this paragraph ;

(d) a copy of any document referred to in a document a copy of which falls to be lodged under paragraph (c) above ; and

(e) a copy of an annual report on the scheme.

(2) The duty imposed by subsection (1)(a) above is to be performed not later than—

(a) the end of the period of six months beginning with the commencement date ; or

(b) the end of the period of six months beginning with the operative date of the scheme,

whichever is the later.

(3) The duties imposed by subsection (1)(b) and (d) above are duties in relation to any document only if the registrar gives notice to the trustees or managers that he requires a copy.

(4) Subject to subsection (5) below, if the registrar gives a notice under subsection (3) above to the trustees or managers, they shall perform the duty imposed on them by subsection (1)(b) or (d) above not later than the end of the period of one month from the date of the notice.

(5) Trustees or managers need not perform the duty imposed on them by subsection (1)(b) or (d) above in relation to a document if the registrar gives them notice that he no longer requires them to do so.

(6) The duty imposed by subsection (1)(c) above is to be performed not later than—

(a) the end of the period mentioned in paragraph (a) of subsection (2) above ;

(b) the end of the period mentioned in paragraph (b) of that subsection ; or

(c) the end of the period of three months from the document's execution,

whichever is the latest.

(7) It shall be the duty of the trustees or managers of a scheme to supply the registrar, within such time and in such manner as may be prescribed, with such information as may be prescribed concerning the scheme.

(8) Without prejudice to the generality of section 56B(10) above, regulations under that subsection may specify—

(a) a time after the lapse of which the registrar may destroy—

(i) a document lodged with him under this section;

(ii) a record of information supplied to him under it; and

(b) the circumstances in which and conditions subject to which any such destruction may take place.

(9) In this section and section 56D below "the commencement date " means the date of the commencement of section 3 of the Social Security Act 1985 in relation to this section and section 56D below.

56D Provisions relating to the annual report.

(1) An annual report of which a copy is to be lodged under section 56C(1)(e) above shall contain such information as may be prescribed relating to the latest scheme year.

(2) There is no duty to lodge a copy of an annual report relating to a scheme year beginning before the commencement date.

(3) Subject to subsection (4) below, the duty imposed by section 56C(1)(e) above is to be performed not later than the end of such period after the end of each scheme year as may be prescribed.

(4) The trustees or managers of the scheme may lodge their first annual report later than the end of the period prescribed under subsection (3) above if that period ends before the end of the period of two years from the commencement date, but in that case must lodge it before the end of that period of two years.

(5) In this section "scheme year" means, in relation to any scheme, whichever of the following periods the trustees or managers of the scheme select—

(a) a year specified for the purposes of the scheme—

(i) in any document comprising the scheme or which is included among the documents comprising it; or

(ii) in the rules of the scheme ;

(b) a calendar year ;

(c) the twelve months ending with 31st March ;

(d) the twelve months ending with 5th April; or

(e) any other period which the registrar may in his discretion accept.

(6) The trustees or managers of a scheme may only exercise the power conferred on them by subsection (5) above once, unless the registrar permits them to select a period different from the period which for the time being is the scheme year.

(7) The registrar shall not grant such permission unless he is satisfied that to do so will not prejudice the interests of members of the scheme.

56E Additional documents for members etc. and registrar.

(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) to lodge copies with the registrar not later than the end of such period as may be prescribed.

(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.

56F Power of registrar to accept information on microfilm etc.

(1) The registrar may, if he thinks fit, accept in lieu of a document falling to be lodged with him any other material which contains the information which the document required to be lodged would contain and is of a kind approved by him.

(2) The delivery to the registrar of material accepted by him under subsection (1) above shall be a sufficient compliance with the provision requiring the document to be lodged.

56G Inspection and production of documents kept by registrar.

(1) Subject to the following provisions of this section, so long as—

(a) any document lodged with the registrar under this Part of this Act; or

(b) the registered record of any information supplied to him under section 56C(7) above, is in the custody of the registrar, any person—

(i) may inspect it; and

(ii) may require a copy of or extract from it.

(2) The registrar may refuse—

(a) to permit a person to inspect a document or record ; or

(b) to supply a person with a copy or extract,

if it appears to the registrar that to permit the inspection or supply the copy or extract—

(i) would be prejudicial to the financial interest of the scheme; or

(ii) would encroach on the privacy of an individual.

(3) The registrar need not consider whether to exercise in relation to a document or record any of the powers conferred on him by subsection (2) above unless some person who appears to him to have an interest in the matter has asked him to exercise the power in relation to that document or record or in relation to documents or records forming a class which appears to the registrar to comprise that document or record.

(4) Material accepted by the registrar under section 56F above is to be treated as a document for the purposes of this section.

(5) If the registrar considers it appropriate in a particular case, he may treat subsection (1)(i) above as giving a right to inspect a copy of a document or record, instead of the document or record itself, or to have the contents of a document or record made available for inspection in visible and legible form by projecting them on a screen or by any other means whether electrical or mechanical.

56H Fees.

The Secretary of State may by regulations specify—

(a) fees which, in performing a duty imposed—

(i) by or by virtue of section 56C above ; or

(ii) by virtue of section 56E(1)(c) above, the trustees or managers of an occupational pension scheme are to pay to the registrar out of the resources available for the purposes of the scheme;

(b) fees which are to be paid to the registrar by a person exercising a right conferred by section 56G above.

56J Power of registrar to direct removal of documents to Public Record Office etc.

(1) Subject to subsections (2) and (3) below, where a scheme has been wound up, the registrar may, at any time after the expiration of 30 years from the date of the winding up, direct that any documents or other material in his custody relating to that scheme may be removed to the Public Record Office, and documents or other material in respect of which any such direction is given shall be disposed of in accordance with the provisions of the [1958 c. 51.] Public Records Act 1958.

(2) In its application to a document or other material which appears to the registrar to relate mainly or exclusively to Scotland, subsection (1) above shall have effect as if the reference to removal to the Public Record Office were a reference to transmission to the [1937 c. 43.] Keeper of the Records of Scotland, and the Public Records (Scotland) Act 1937 shall then apply to such documents or material as if they were records transmitted to the Keeper under section 5 of that Act, and as if the registrar were the person who transmitted them under that section.

(3) In its application to a document or other material which appears to the registrar to relate mainly or exclusively to Northern Ireland, subsection (1) above shall have effect as if the reference to the Public Record Office were a reference to the Public Record Office of Northern Ireland.

(4) The Secretary of State may by regulations substitute such period as he may specify in the regulations for the period specified in subsection (1) above.

56K Penalty for default.

(1) Subject to the following provisions of this section, if any of the requirements—

(a) of section 56C above or regulations under that section ; or

(b) of regulations under section 56E(1)(c) above,

is not complied with in relation to a scheme, every person who immediately before the end of the period for compliance was a person whose duty it was to comply with it shall be guilty of an offence and liable on summary conviction—

(i) to a fine of an amount not exceeding level 5 on the standard scale ; and

(ii) to a fine of an amount not exceeding level 3 on that scale for each day during which the default continues after the conviction.

(2) Where a person is charged with an offence under subsection (1) above in respect of any requirement, subject to subsection (3) below, it shall be a defence for him to prove—

(a) that the commission of the offence was due to a mistake or to reliance on information supplied to him or to the act or default of another person, an accident or some other cause beyond his control; and

(b) that he took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence by himself or any person under his control.

(3) If in any such case the defence provided by subsection (2) above involves the allegation that the commission of the offence was due to the act or default of another person or to reliance on information supplied by another person, the person charged shall not, without leave of the court, be entitled to rely on that defence unless, within a period ending seven clear days before the hearing, he has served on the prosecutor a notice in writing giving such information identifying or assisting in the identification of that other person as was then in his possession.

(4) In England and Wales proceedings in respect of an offence under this section shall not be instituted except by or with the written consent—

(a) of the Secretary of State ; or

(b) of the registrar ; or

(c) of a person authorised to institute such proceedings by the Secretary of State or the registrar.

(5) In this section " the standard scale" means the standard scale as defined in section 75 of the [1982 c. 48.] Criminal Justice Act 1982.

(6) Trustees or managers may be convicted under this section whether or not an application has been made under section 56L below.

56L Further default powers.

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

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

(b) section 56C above or regulations under that section,

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) to the registrar;

(c) to any person authorised by the Secretary of State or the registrar 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)(6) 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 incidental to the application shall be borne personally by any of the trustees or managers of the scheme.

(9) An order may be made under this section whether or not proceedings have been instituted under section 56K above.

56M Disclosure of information by Inland Revenue and Occupational Pensions Board.

(1) No obligation as to secrecy imposed by statute or otherwise—

(a) on persons employed in relation to Inland Revenue ; or

(b) on the staff of the Occupational Pensions Board, shall prevent them from making known to the registrar—

(i) the fact that a particular occupational pension scheme exists or has existed ;

(ii) whether such a scheme has been wound up, and, if such a scheme has been wound up, when the winding-up took place ;

(iii) sufficient information to enable the registrar to get in touch with persons who are or have been trustees or managers of any such scheme or employers of members of any such scheme.

(2) If persons such as are mentioned in subsection (1) above disclose the fact that a particular scheme exists or has existed, no such obligation as is mentioned in that subsection shall prevent them from also disclosing to the registrar sufficient details to enable him to identify the scheme.

56N Registrar's reports.

(1) The Secretary of State may direct the registrar to submit to him, in such form and at such intervals as may be specified in the direction, such statistical and other reports as the Secretary of State may require.

(2) Without prejudice to the generality of subsection (1) above, a direction under that subsection may require the registrar to submit a report—

(a) based on information contained in documents copies of which are lodged with him or on information otherwise supplied to him under this Part of this Act or any corresponding Northern Ireland enactment; or

(b) concerning the general administration of the register of occupational pension schemes or any of his other functions.

(3) The Secretary of State may determine at his discretion whether or not to publish a report submitted to him under this section.”.