Finance Act 2004

1 (1) Any pension scheme which, immediately before 6th April 2006, is— U.K.

(a) a retirement benefits scheme approved for the purposes of Chapter 1 of Part 14 of ICTA,

(b) a former approved superannuation fund (see sub-paragraph (3)),

(c) a relevant statutory scheme, as defined in section 611A of ICTA, or a pension scheme treated by the Inland Revenue on that date as if it were such a relevant statutory scheme,

(d) an annuity contract by means of which benefits provided under a pension scheme within paragraph (a), (b) or (c) have been secured but which does not provide for the immediate payment of benefits,

(e) a scheme or fund mentioned in section 613(4)(b) to (d) of ICTA (Parliamentary pension schemes or funds),

(f) an annuity contract or trust scheme approved under section 620 or 621 of ICTA or a substituted contract within the meaning of section 622(3) of ICTA, or

(g) a personal pension scheme approved under Chapter 4 of Part 14 of ICTA,

is to be treated as becoming a registered pension scheme on that date.

(2) Where immediately before 6th April 2006 a retirement benefits scheme is, in accordance with section 611 of ICTA, treated as two or more separate schemes, the reference in sub-paragraph (1)(a) to an approved retirement benefits scheme is to such of the separate schemes as are approved (and not to the whole retirement benefits scheme).

(3) For the purposes of sub-paragraph (1)(b) any fund which immediately before 6th April 1980 was an approved superannuation fund for the purposes of section 208 of ICTA 1970 is a former approved superannuation fund unless since 5th April 1980—

(a) the fund has been approved for the purposes of Chapter 1 of Part 14 of ICTA (retirement benefits schemes), or

(b) any sum has been paid under the fund by way of contribution.

(4) Sub-paragraph (1)(a) or (g) applies in relation to a pension scheme approved (for the purposes of Chapter 1, or under Chapter 4, of Part 14 of ICTA) on or after 6th April 2006 if the approval has effect for a period ending with 5th April 2006.

[F1 (4A) This Part of this Act applies in relation to a pension scheme that—

(a) is a registered pension scheme by virtue of sub-paragraph (1)(a), and

(b) is neither a public service pension scheme nor an occupational pension scheme,

as it applies in relation to an occupational pension scheme.]

(5) This paragraph is subject to paragraph 2 (opt-out).

Textual Amendments

F1 Sch. 36 para. 1(4A) inserted (retrospectively) by Finance Act 2018 (c. 3), Sch. 3 paras. 1(8), 2(4)

Modifications etc. (not altering text)

C1 Sch. 36 para. 1(1) modified (6.4.2006) by The Taxation of Pension Schemes (Transitional Provisions) Order 2006 (S.I. 2006/572), arts. 1(1), 27(1)-(3)