Pensions Act 2004

Changes over time for: SCHEDULE 3

Alternative versions:

Changes to legislation:

Pensions Act 2004, SCHEDULE 3 is up to date with all changes known to be in force on or before 29 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

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Changes and effects yet to be applied to Schedule 3:

s. 23(1A) inserted by 2015 c. 8 Sch. 2 para. 26(3)
s. 23(10A) inserted by 2015 c. 8 Sch. 2 para. 26(5)
s. 38(1)-(1B) substituted for s. 38(1) by 2015 c. 8 Sch. 2 para. 27
s. 38(7)(da) inserted by 2021 c. 1 s. 104(2)
s. 43(1)-(1B) substituted for s. 43(1) by 2015 c. 8 Sch. 2 para. 28(2)
s. 52(1)-(1B) substituted for s. 52(1) by 2015 c. 8 Sch. 2 para. 29
s. 80(1)(a)(iib) inserted by 2021 c. 1 s. 109(3)
s. 117A inserted by 2008 c. 30 Sch. 10 para. 3
s. 126(1)-(1B) substituted for s. 126(1) by 2015 c. 8 Sch. 2 para. 31
s. 188(1)(ba) inserted by 2008 c. 30 Sch. 10 para. 6
s. 189A inserted by 2008 c. 30 Sch. 10 para. 7
s. 209(9) added by 2008 c. 30 Sch. 10 para. 8
s. 318(3)(a)(viii)-(x) inserted by 2015 c. 8 Sch. 2 para. 38(3)(a)
s. 318(3)(b)(vi)-(viii) inserted by 2015 c. 8 Sch. 2 para. 38(3)(b)

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

s. 23(1A) inserted by 2015 c. 8 Sch. 2 para. 26(3)
s. 23(10A) inserted by 2015 c. 8 Sch. 2 para. 26(5)
s. 38(1)-(1B) substituted for s. 38(1) by 2015 c. 8 Sch. 2 para. 27
s. 38(7)(da) inserted by 2021 c. 1 s. 104(2)
s. 43(1)-(1B) substituted for s. 43(1) by 2015 c. 8 Sch. 2 para. 28(2)
s. 52(1)-(1B) substituted for s. 52(1) by 2015 c. 8 Sch. 2 para. 29
s. 80(1)(a)(iib) inserted by 2021 c. 1 s. 109(3)
s. 117A inserted by 2008 c. 30 Sch. 10 para. 3
s. 126(1)-(1B) substituted for s. 126(1) by 2015 c. 8 Sch. 2 para. 31
s. 188(1)(ba) inserted by 2008 c. 30 Sch. 10 para. 6
s. 189A inserted by 2008 c. 30 Sch. 10 para. 7
s. 209(9) added by 2008 c. 30 Sch. 10 para. 8
s. 318(3)(a)(viii)-(x) inserted by 2015 c. 8 Sch. 2 para. 38(3)(a)
s. 318(3)(b)(vi)-(viii) inserted by 2015 c. 8 Sch. 2 para. 38(3)(b)

Section 86

SCHEDULE 3E+W+SRestricted information held by the Regulator: certain permitted disclosures to facilitate exercise of functions

This schedule has no associated Explanatory Notes

Commencement Information

I1Sch. 3 in force at 6.4.2005 by S.I. 2005/275, art. 2(7), Sch. Pt. 7

Persons	Functions
The Secretary of State.	Functions under— (a) Part 14 of the Companies Act 1985 (c. 6), (b) the Insolvency Act 1986 (c. 45), (c) Part 3 of the Companies Act 1989 (c. 40), (d) Part 1 of the Export and Investment Guarantees Act 1991 (c. 67) (apart from sections 5 and 6), (e) Part 3 of the Pension Schemes Act 1993 (c. 48), (f) Part 5 of the Police Act 1997 (c. 50), (g) the Financial Services and Markets Act 2000 (c. 8), (ga) [F1 Section 17 of the Companies (Audit, Investigations and Community Enterprise) Act 2004 (levy to pay expenses of bodies concerned with accounting standards, actuarial standards etc), or] (h) this Act, and functions of co-operating with overseas government authorities and bodies in relation to criminal matters.
The Bank of England.	Any of its functions [F2, apart from its functions as the Prudential Regulation Authority]
[F3The Financial Conduct Authority	Any of its functions
The Prudential Regulation Authority	Any of its functions]
[F4The Charity Commission .	Functions under the Charities Act 2006 or the Charities Act 2011.]
The Pensions Regulator Tribunal.	Any of its functions.
[F5The First-tier Tribunal	Functions relating to decisions of the Regulator
The Upper Tribunal	Functions relating to decisions of the Regulator]
The Pensions Ombudsman.	Functions under— (a) the Pension Schemes Act 1993 (c. 48), or (b) the Pension Schemes (Northern Ireland) Act 1993 (c. 49).
The Ombudsman for the Board of the Pension Protection Fund.	Any of his functions.
The Comptroller and Auditor General.	Any of his functions.
The Auditor General for Wales.	Any of his functions.
The Auditor General for Scotland.	Any of his functions.
The Comptroller and Auditor General for Northern Ireland.	Any of his functions.
The Commissioners of Inland Revenue or their officers.	Functions under— (a) the Income and Corporation Taxes Act 1988 (c. 1), (b) the Taxation of Chargeable Gains Act 1992 (c. 12), (c) Part 3 of the Pension Schemes Act 1993, (d) Part 3 of the Pension Schemes (Northern Ireland) Act 1993, F6... (e) the Income Tax (Earnings and Pensions) Act 2003 (c. 1). F7[F8... (f) the Income Tax (Trading and Other Income) Act 2005 (so far as relating to functions previously exercised under the Income and Corporation Taxes Act 1988).] F9... (g) [F10Part 4 of the Finance Act 2004 (c. 12).] [F11or— (h) the Income Tax Act 2007 (so far as relating to functions previously exercised under the Income and Corporation Taxes Act 1988).]
The Commissioners of Customs and Excise.	Functions under any enactment.
The Official Receiver or, in Northern Ireland, the Official Receiver for Northern Ireland.	Functions under the enactments relating to insolvency.
An inspector appointed by the Secretary of State.	Functions under Part 14 of the Companies Act 1985 (c. 6).
A person authorised to exercise powers under— (a) section 447 of the Companies Act 1985, (b) F12... (c) section 84 of the Companies Act 1989 (c. 40).	Functions under those sections F13....
A person appointed under— (a) section 167 of the Financial Services and Markets Act 2000 (c. 8), (b) subsection (3) or (5) of section 168 of that Act, or (c) section 284 of that Act, to conduct an investigation.	Functions in relation to that investigation.
A body designated under section 326(1) of that Act.	Functions in its capacity as a body designated under that section.
[F14 A recognised investment exchange, recognised clearing house, [F15recognised CSD F16..., third country CSD,] F16... or third country central counterparty (as defined by section 285 of that Act).	Functions in its capacity as an exchange, clearing house [F17, central securities depository] or central counterparty.]
A body corporate established in accordance with section 212(1) of that Act.	Functions under the Financial Services Compensation Scheme, established in accordance with section 213 of that Act.
The Panel on Takeovers and Mergers.	Functions under the City Code on Takeovers and Mergers and the Rules Governing Substantial Acquisitions of Shares for the time being issued by the Panel.
The General Insurance Standards Council.	Functions of regulating sales and advisory and service standards in relation to insurance.
A recognised professional body (within the meaning of section 391 of the Insolvency Act 1986 (c. 45)).	Functions in its capacity as such a body under that Act.
A person on whom functions are conferred by or under Part 2, 3 or 4 of the Proceeds of Crime Act 2002 (c. 29).	The functions so conferred.
[F18A special health authority established under section 28 of the National Health Service Act 2006 directed to carry out counter fraud functions of the Secretary of State within the meaning of section 195 of that Act]	Any of its functions.
The Department of Enterprise, Trade and Investment in Northern Ireland.	Functions under— (a) F19... (b) the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19)), F19... (c) F19...
The Department for Social Development in Northern Ireland.	Functions under Part 3 of the Pension Schemes (Northern Ireland) Act 1993 (c. 49).
F20. . .	F20. . .
A recognised professional body within the meaning of Article 350 of the Insolvency (Northern Ireland) Order 1989.	Functions in its capacity as such a body under that Order.
F21. . .	F21. . .
[F22Any body carrying on activities concerned with any of the matters set out in section 16(2) of the Companies (Audit, Investigations and Community Enterprise) Act 2004 (c.27) F23... (a “relevant body”), any subsidiary [F24(as defined in section 1159 of the Companies Act 2006)] of a relevant body and any body established under the constitution of a relevant body or such a subsidiary.	Its functions relating to carrying on activities concerned with any of the following matters— (a) issuing standards to be applied in actuarial work, (b) issuing standards in respect of matters to be contained in reports or other communications required to be produced or made by actuaries or in accordance with standards within paragraph (a), (c) investigating departures from standards within paragraph (a) or (b), (d) taking steps to secure compliance with standards within paragraph (a) or (b), (e) carrying out investigations into public interest cases arising in connection with the performance of actuarial functions by members of the [F25Institute and Faculty of Actuaries (“Institute and Faculty”), or persons who are not such members but are subject to the rules of that body in performing actuarial functions (“members”),] (f) holding disciplinary hearings relating to members following the conclusion of investigations within paragraph (e), (g) deciding whether (and, if so, what) disciplinary action should be taken against members to whom hearings within paragraph (f) related, (h) supervising the exercise by the [F25Institute and Faculty] of: (i) investigatory or disciplinary functions exercised by the [F25Institute and Faculty] in relation to the performance by their members of actuarial functions, (ii) the setting by the [F25Institute and Faculty] of standards in relation to the performance by their members of actuarial functions, and (iii) the determining by the [F25Institute and Faculty] of requirements in relation to the education and training of their members, (i) overseeing or directing any of the matters mentioned in paragraphs (a) to (h), and functions relating to the funding of activities concerned with any of the matters mentioned in paragraphs (a) to (i). Any functions in connection with any levy payable to it under section 17 of the Companies (Audit, Investigations and Community Enterprise) Act 2004.
A member of the panel appointed under paragraph 4 of Schedule 17 to the Financial Services and Markets Act 2000 (c.8) by the body corporate [F26mentioned in] paragraph 2 of that Schedule.	Functions under— (a) Part 3 (the compulsory jurisdiction), (b) Part 3A (the consumer credit jurisdiction), and (c) Part 4 (the voluntary jurisdiction) of that Schedule to that Act.
The Gambling Commission.	Functions under— (a) the Gaming Act 1968 (c.65), (b) the Lotteries and Amusements Act 1976 (c.32), and (c) the Gambling Act 2005 (c.19).]
[F27Disclosure and Barring Service	Functions under Part 5 of the Police Act 1997]
[F28Director of Labour Market Enforcement or a member of staff provided to the Director under section 1(4) of the Immigration Act 2016.	Any of the Director's functions.]
[F29The Money and Pensions Service	Functions under- (a) sections 238A to 238G, or (b) section 3(1)(a) of the Financial Guidance and Claims Act 2018 in relation to the dashboards ecosystem (as defined in Schedule 1 to the Pensions Dashboards Regulations 2022 (S.I. 2022/1220)) or a pensions dashboard service.]