Part IOccupational pensions

Functions of trustees or managers

41Provision of documents for members

(1)

Regulations may require the trustees or managers of an occupational pension scheme—

(a)

to obtain at prescribed times the documents mentioned in subsection (2), and

(b)

to make copies of them, and of the documents mentioned in subsection (3), available to the persons mentioned in subsection (4).

(2)

The documents referred to in subsection (1)(a) are—

(a)

the accounts audited by the auditor of the scheme,

(b)

the auditor’s statement about contributions under the scheme,

(c)

a valuation by the actuary of the assets and liabilities of the scheme, and a statement by the actuary concerning such aspects of the valuation as may be prescribed.

(3)

The documents referred to in subsection (1)(b) are—

(a)

any valuation, or certificate, prepared under section 57 or 58 by the actuary of the scheme,

(b)

any report prepared by the trustees or managers under section 59(3).

(4)

The persons referred to in subsection (1)(b) are—

(a)

members and prospective members of the scheme,

(b)

spouses of members and of 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.

(5)

Regulations may in the case of occupational pension schemes to which section 47 does not apply—

(a)

prescribe the persons who may act as auditors or actuaries for the purposes of subsection (2), or

(b)

provide that the persons who may so act shall be—

(i)

persons with prescribed professional qualifications or experience, or

(ii)

persons approved by the Secretary of State.

(6)

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 (4)(d) and may make provision as to the form and content of any such document as is referred to in subsection (2).