Part III Certification of Pension Schemes and Effects on Members’ State Scheme Rights and Duties

Chapter III Termination of contracted-out or appropriate scheme status: state scheme premiums

Supervision of formerly certified schemes

52 Supervision of schemes which have ceased to be certified.

(1)

Section 53 shall apply for the purpose of making provision for securing the continued supervision of occupational pension schemes as respects which subsection (2) applies and section 54 shall apply for the purpose of making corresponding provision in relation to personal pension schemes as respects which subsection (3) applies.

(2)

This subsection applies as respects any occupational pension scheme, other than a public service pension scheme, where—

F1(a)

the scheme has ceased to be a contracted-out scheme, and

(b)

any persons remain who fall within any of the following categories.

F2(2A)

Those categories are—

(a)

any persons entitled to receive, or having accrued rights to—

(i)

guaranteed minimum pensions, or

(ii)

pensions under the scheme attributable to service on or after the principal appointed day but before the scheme ceased to be contracted-out,

(b)

any persons who have protected rights under the scheme or are entitled to any benefit giving effect to protected rights under it

(3)

This subsection applies as respects any personal pension scheme where—

F3(a)

the scheme has ceased to be an appropriate scheme, and

(b)

any persons remain who have protected rights under the scheme or are entitled to any benefit giving effect to protected rights under it

F4(4)

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F4(5)

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F4(6)

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53 Supervision: former contracted-out schemes.

F5(1)

The F6Inland Revenue may direct the trustees or managers of the scheme, or the employer, to take or refrain from taking such steps as the F6Inland Revenue may specify in writing; and such a direction shall be final and binding on the person directed and any person claiming under him.

(1A)

An appeal on a point of law shall lie to the High Court or, in Scotland, the Court of Session from a direction under subsection (1) at the instance of the trustees or managers or the employer, or any person claiming under them.

(1B)

A direction under subsection (1) shall be enforceable—

(a)

in England and Wales, in a county court as if it were an order of that court, and

(b)

in Scotland, by the sheriff, as if it were an order of the sheriff and whether or not the sheriff could himself have given such an order

F7(2)

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(3)

F8...

F8If a certificate has been issued under subsection (2) of section 50 and has not been cancelled under subsection (3) of that section, any liabilities in respect of such entitlement or rights as are referred to in section 52(2A)(a) or (b) must, except in prescribed circumstances, be discharged (subject to any directions under subsection (1)) in a prescribed manner and within a prescribed period or such longer period as the F6Inland Revenue may allow

F9(4)

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F9(5)

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54 Supervision: former appropriate personal pension schemes.

(1)

F10...

F10The F11Inland Revenue may direct the trustees or managers of the scheme to take or refrain from taking such steps as the F11Inland Revenue may specify in writing; and such a direction shall be final and binding on the person directed and any person claiming under him.

(1A)

An appeal on a point of law shall lie to the High Court or, in Scotland, the Court of Session from a direction under subsection (1) at the instance of the trustees or managers or the employer, or any person claiming under them.

(1B)

A direction under subsection (1) shall be enforceable—

(a)

in England and Wales, in a county court as if it were an order of that court, and

(b)

in Scotland, by the sheriff, as if it were an order of the sheriff and whether or not the sheriff could himself have given such an order.

(2)

F10...

F10If a certificate has been issued under subsection (2) of section 50 and has not been cancelled under subsection (3) of that section, any liabilities in respect of such entitlement or rights as are referred to in section 52(3)(b) must, except in prescribed circumstances, be discharged (subject to any directions under subsection (1)) in a prescribed manner and within a prescribed period or such longer period as the F11Inland Revenue may allow

F12(3)

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