12(1)In section 41 of the 1995 Act (provision of documents for members), for subsection (5) there shall be substituted—
“(5)Regulations may in the case of occupational pension schemes provide for—
(a)prescribed persons,
(b)persons with prescribed qualifications or experience, or
(c)persons approved by the Secretary of State,
to act for the purposes of subsection (2) instead of scheme auditors or actuaries.
(5A)Regulations may impose duties on the trustees or managers of an occupational pension scheme to disclose information to, and make documents available to, a person acting under subsection (5).
(5B)If any duty imposed under subsection (5A) is not complied with, sections 3 and 10 apply to any trustee, and section 10 applies to any manager, who has failed to take all such steps as are reasonable to secure compliance.”
(2)In section 49 of that Act, in subsection (9) (duties in event of employer’s failure to pay contributions in prescribed period), after paragraph (b) there shall be inserted “; and
(c)except in prescribed circumstances, any person acting instead of an auditor for the purposes of section 41(2)(b) in relation to the scheme must give notice of the failure, within the prescribed period, to the Authority.”
(3)In that section, there shall be inserted after subsection (10)—
“(10A)Section 10 applies to a person who fails to comply with subsection (9)(c).”
(4)In section 88 of that Act (payment schedule to money purchase schemes: supplementary), after subsection (4) there shall be inserted—
“(5)Except in prescribed circumstances, any person acting instead of an auditor for the purposes of section 41(2)(b) in relation to an occupational pension scheme to which section 87 applies must, where any amounts payable in accordance with the payment schedule have not been paid on or before the due date, give notice of that fact, within the prescribed period, to the Authority.
(6)Section 10 applies to a person so acting who fails to comply with subsection (5).”
Commencement Information
I1Sch. 5 para. 12 partly in force; Sch. 5 para. 12 not in force at Royal Assent see s. 86(2); Sch. 5 para. 12(1) in force at 1.1.2001 by S.I. 2000/3166, art. 2(3)(vii)