In Article 41 of the Pensions Order (provision of documents for members), for paragraph (5) there shall be substituted—

“(5)

Regulations may in the case of occupational pension schemes provide for—

(a)

prescribed persons,

(b)

persons with prescribed qualifications or experience, or

(c)

persons approved by the Department,

to act for the purposes of paragraph (2) instead of scheme auditors or actuaries.

(5A)

Regulations may impose duties on the trustees or managers of an occupational pension scheme to disclose information to, and make documents available to, a person acting under paragraph (5).

(5B)

If any duty imposed under paragraph (5A) is not complied with, Articles 3 and 10 apply to any trustee, and Article 10 applies to any manager, who has failed to take all such steps as are reasonable to secure compliance.”.

In Article 49 of that Order (other responsibilities of trustees, employers, etc.), in paragraph (9), after sub-paragraph (b) there shall be added“; and

(c)

except in prescribed circumstances, any person acting instead of an auditor for the purposes of Article 41(2)(b) in relation to the scheme must give notice of the failure, within the prescribed period, to the Authority.”.

In that Article, after paragraph (10) there shall be inserted—

“(10A)

Article 10 applies to a person who fails to comply with paragraph (9)(c).”.

In Article 86 of that Order (schedules of payments to money purchase schemes: supplementary), after paragraph (4) there shall be added—

“(5)

Except in prescribed circumstances, any person acting instead of an auditor for the purpose of Article 41(2)(b) in relation to an occupational pension s cheme to which Article 85 applies must, where any amounts payable in accordance with the payment schedule have not been paid on or before the due date, give notice of that fact, within the prescribed period, to the Authority.

(6)

Article 10 applies to a person so acting who fails to comply with paragraph (5).”.