Part IV U.K. Occupational Pensions

[F1 Information about and registration of occupational pension schemes] E+W+S

Textual Amendments

F1 Sections 56A, 56E and 56L inserted by Social Security Act 1985 (c. 53), Sch. 2

56A Power to make regulations requiring disclosure of information about schemes to members etc. E+W+S

(1) The Secretary of State may by regulations specify requirements to be complied with in the case of an occupational pension scheme with respect to keeping the persons mentioned in subsection (2) below informed of—

(a) its constitution;

(b) its administration and finances;

(c) the rights and obligations that arise or may arise under it; and

(d) any other matters that appear to the Secretary of State to be relevant to occupational pension schemes in general or to pension schemes of a description to which that sceme belongs.

(2) The persons referred to in subsection (1) above are—

(a) members and prospective members of the scheme;

(b) spouses of members and prospective members;

(c) persons within the application of the scheme and qualifying or prospectively qualifying for its benefits;

(d) independent trade unions recognised to any extent for the purposes of collective bargaining in relation to members and prospective members of the scheme.

(3) Without prejudice to the generality of section 166(2) of the principal Act, the regulations may distinguish between—

(a) cases in which information is to be given as of course; and

(b) cases in which information need only be given on request or in other prescribed circumstances.

(4) The regulations shall make provision for referring to an industrial tribunal any question whether an organisation is such a trade union as is mentioned in subsection (2)(d) above.

(5) Regulations under this section override any provision of an occupational pension scheme to the extent that that provision conflicts with them.

(6) The Occupational Pension Board may at any time, and shall if requested by the trustees or managers of an occupational pension scheme, advise on any question whether any provision of regulations under this section does or does not override any provision of the scheme.

(7) On an application made to them in respect of an occupational pension scheme, (other than a public service pension scheme) by persons competent to make such an application in respect of it, the Occupational Pensions Board shall issue a determination on any such question as is mentioned in subsection (6) above.

(8) The persons competent to make an application under subsection (7) above are—

(a) the persons mentioned in section 41E(2)(a) above; and

(b) such other persons as regulations may specify, in relation to any category of schemes into which the scheme falls, as being proper persons to make an application for the purposes of subsection (7) above in respect of a scheme of that category.

(9) In this section “independent trade union” has the meaning assigned to it by section 153 of the Employment Protection (Consolidation) Act 1978.

Modifications etc. (not altering text)

C1 Under reg. 3(8) of S.I. 1987/1116, s. 56A has effect (27.7.1987) in relation to personal pension schemes subject to the modifications in para. 1 of Sch. 3 to that S.I.