PART II N.I. THE PENSIONS REGULATOR

Gathering information N.I.

Inspection of premises N.I.

68.—(1) An inspector may, for the purposes of investigating whether, in the case of any occupational pension scheme, the occupational scheme provisions are being, or have been, complied with, at any reasonable time enter premises liable to inspection.

(2) In paragraph (1), the “occupational scheme provisions” means provisions contained in or made by virtue of—

(a) any of the following provisions of this Order—

• Part I (introductory);

• this Part;

• Part IV (scheme funding);

• Articles 218 to 220 (member-nominated trustees and directors);

• Articles 224 to 226 (requirement for knowledge and understanding);

• Article 229 (UK-based scheme to be trust with effective rules);

• Article 230 ([F1 non-UK] scheme to be trust with UK resident trustee);

• Article 232 (activities of occupational pension schemes);

• Article 233 (no indemnification for fines or civil penalties);

• Articles 236 and 238 (consultation by employers);

• F2 ...

• Part IX (miscellaneous and supplementary);

(b) either of the following provisions of the 1999 Order—

• Article 30 (time for discharge of pension credit liability);

• Article 42 (information);

(c) any of the provisions of Part II of the 1995 Order (occupational pension schemes), other than—

(i) Articles 51 to 54 (indexation), and

(ii) Articles 62 to 65 (equal treatment);

(d) any of the following provisions of the Pension Schemes Act—

• [F3 Chapter 1 of Part 4ZA] (transfer values);

• [F4 Chapter 2 of Part 4ZA] (early leavers: cash transfer sums and contribution refunds);

• Chapter 2 of Part IVA (pension credit transfer values);

• section 109 (information);

• section 170 (levy);

[F5 (da) section 16 of the Public Service Pensions Act (Northern Ireland) 2014;]

(e) any provisions in force in Great Britain corresponding to any provisions within sub-paragraphs (a) to [F6 (da)].

(3) An inspector may, for the purposes of investigating whether, in the case of a stakeholder scheme—

(a) Articles 3 and 4(4) of the 1999 Order (stakeholder pension schemes: registration etc.), or

(b) any corresponding provisions in force in Great Britain,

are being, or have been, complied with, at any reasonable time enter premises liable to inspection.

(4) An inspector may, for the purposes of investigating whether, in the case of any trust-based personal stakeholder scheme, the trust-based scheme provisions are being, or have been, complied with, at any reasonable time enter premises liable to inspection.

(5) In paragraph (4)—

“trust-based personal stakeholder scheme” means a personal pension scheme which—

(a)

is a stakeholder scheme, and

(b)

is established under a trust;

the “trust-based scheme provisions” means any provisions contained in or made by virtue of—

(a)

any provision which applies in relation to trust-based personal stakeholder schemes by virtue of paragraph 1 of Schedule 1 to the 1999 Order, as the provision applies by virtue of that paragraph, or

(b)

any corresponding provision in force in Great Britain.

(6) Premises are liable to inspection for the purposes of this Article if the inspector has reasonable grounds to believe that—

(a) members of the scheme are employed there,

(b) documents relevant to the administration of the scheme are being kept there, or

(c) the administration of the scheme, or work connected with that administration, is being carried out there.

(7) In this Article, “stakeholder scheme” means an occupational pension scheme or a personal pension scheme which is or has been registered under—

(a) Article 4 of the 1999 Order (register of stakeholder schemes), or

(b) any corresponding provision in force in Great Britain.

F1 Words in art. 68(2)(a) substituted (31.12.2020) by The Occupational and Personal Pension Schemes (Amendment etc.) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/193), regs. 1, 5(2)(a); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in art. 68(2)(a) omitted (31.12.2020) by virtue of The Occupational and Personal Pension Schemes (Amendment etc.) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/193), regs. 1, 5(2)(b); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in art. 68(2)(d) substituted (6.4.2015) by Pension Schemes Act 2015 (c. 8), s. 89(3)(b), Sch. 4 para. 84(a) (with s. 87)

F4 Words in art. 68(2)(d) substituted (6.4.2015) by Pension Schemes Act 2015 (c. 8), s. 89(3)(b), Sch. 4 para. 84(b) (with s. 87)

F5 Art. 68(2)(da) inserted (1.4.2015) by Public Service Pensions Act (Northern Ireland) 2014 (c. 2), s. 37(2), Sch. 4 para. 10(a); S.R. 2015/3, art. 4(1)(b) (with art. 4(2))

F6 Word in art. 68(2)(e) substituted (1.4.2015) by Public Service Pensions Act (Northern Ireland) 2014 (c. 2), s. 37(2), Sch. 4 para. 10(b); S.R. 2015/3, art. 4(1)(b) (with art. 4(2))