SCHEDULES
SCHEDULE 1Description of schemes
I11
1
An occupational pension scheme falls within this paragraph if it meets the following conditions.
2
The first condition is that the scheme—
a
is a tax registered scheme;
b
was formerly—
i
approved by HMRC for the purposes of section 590 or 591 of the Income and Corporation Taxes Act 198828;
ii
a statutory scheme as defined in section 611A29 of that Act, or
iii
approved by HMRC under Chapter 4 of Part 1430 of that Act;
c
has a superannuation fund as referred to in section 615(6) of the Income and Corporation Taxes Act 1988 (exemption from tax in respect of certain pensions) and has trustees or managers of the scheme who are—
i
authorised under Article 264 of the 2005 Order (general authorisation to accept contributions from European employers), and
d
is a public service pension scheme33.
3
The second condition is that the scheme—
a
has 2 or more members;
b
does not provide only death benefits;
c
is established in the United Kingdom or has at least one trustee or manager resident in the United Kingdom, and
d
is not established by the Salvation Army Act 196334.
I22
A personal pension scheme falls within this paragraph if it is not a pension scheme that is—
a
either—
i
set up or established in an annuity contract, or
ii
a trust scheme, and
b
to be treated as becoming a registered pension scheme under section 153(9) of the Finance Act 200435 (registration of pension schemes) in accordance with paragraph 1(1)(f) of Schedule 36 to that Act (deemed registration of existing schemes).