Section 6.
SCHEDULE 1E+W+S Application of 1993 and 1995 Acts to registered schemes
This schedule has no associated Explanatory Notes
1(1)The provisions specified in sub-paragraph (2) shall apply as if any pension scheme established under a trust which—E+W+S
(a)is not an occupational pension scheme, but
(b)is or has been registered under section 2,
were an occupational pension scheme.
(2)The provisions are—
(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)the following provisions of Part I of the 1995 Act—
(i)sections 3 to 11... and 15 (supervision by the Authority) [except sections 7(5A)(b), 8(1)(a) and (c) and (2), 11(3A) and (3B) and 15(1),];
(ii)sections 27 to [30] (trustees: general);
(iii)sections 32 to 36 and 39 (functions of trustees) ...;
(iv)section 41 (functions of trustees or managers);
[(v)section 47 (professional advisers);]
(vi)section 49 (receipts, payment and records) except subsections (5) and (8) to (13);
(vii)section 50 (resolution of disputes);
(viii)section 68 (power of trustees to modify scheme by resolution) except subsection (3);
(ix). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(x)sections 91, 92 and 94 (assignment and forfeiture etc.) except section 91(5)(d);
(xi). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(xii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(xiii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(xiv)section 117 (overriding requirements); and
(xv)sections 124 and 125 (interpretation)[; and
(c)the following provisions of the Pensions Act 2004—
(i)section 67 (accessibility of register of prohibited trustees);
(ii)Chapters 4 and 5 of Part 2 (fraud compensation and information gathering);
(iii)sections 247 to 249 (requirements for knowledge and understanding); and
(iv)section 318 (interpretation).]
(3)Section 47(9) of the 1995 Act (as applied by sub-paragraph (1)) shall have effect as if the reference to any person who is or has been the employer were a reference to any person who, in pursuance of section 3(5), is or has been required—
(a)to deduct an employee’s contributions to the scheme from his remuneration; and
(b)to pay them to the trustees or managers of the scheme or to a prescribed person.
(4)Section 68 of the 1995 Act (as so applied) shall have effect as if the purposes specified in subsection (2) included enabling the conditions set out in section 1 to be fulfilled in relation to the scheme.
(5)Section 124(1) of the 1995 Act[, and section 318(1) of the Pensions Act 2004,] (as so applied) shall have effect as if the definition of “member” were omitted.
[(6)Chapters 4 and 5 of Part 2 of the Pensions Act 2004 (as applied by sub-paragraph (1)) shall have effect with such modifications as the Secretary of State may prescribe by regulations.]
Textual Amendments
Commencement Information
2E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
Commencement Information
3E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .