F1PART 9ARules and Guidance
CHAPTER 1Rule-making powers
General rule-making powers of the FCA and the PRA
F2137FAAFCA general rules: pensions dashboards
(1)
The FCA must make general rules imposing requirements on specified authorised persons with respect to—
(a)
providing pensions information by means of—
(i)
a qualifying pensions dashboard service;
(ii)
the pensions dashboard service provided by the Money and Pensions Service;
(b)
facilitating the provision of pensions information by means of—
(i)
a qualifying pensions dashboard service;
(ii)
the pensions dashboard service provided by the Money and Pensions Service.
(2)
In this section “pensions information” means, in relation to a personal or stakeholder pension scheme, information of a description specified in rules made by virtue of subsection (1), which may include in particular—
(a)
information relating to—
(i)
the constitution of the scheme,
(ii)
the administration and finances of the scheme,
(iii)
the rights and obligations that arise or may arise under the scheme,
(iv)
the pensions and other benefits an entitlement to which would be likely to accrue to a member, or be capable of being secured by a member, in respect of the rights that may arise under the scheme, and
(v)
other matters relevant to personal or stakeholder pension schemes in general or to personal or stakeholder pension schemes of a description to which the scheme belongs;
(b)
information as regards the position of an individual in relation to the scheme.
(3)
Rules made by virtue of subsection (1) may, in particular, impose requirements about—
(a)
the persons to whom pensions information must be provided;
(b)
the circumstances in which pensions information must be provided;
(c)
the steps to be taken before pensions information may be provided;
(d)
the manner and form in which pensions information must be provided;
(e)
the time within which pensions information must be provided;
(f)
the way in which pensions information must be held.
(4)
Rules made by virtue of subsection (1) may require specified authorised persons to comply with standards, specifications or technical requirements published from time to time by—
(a)
the Secretary of State,
(b)
the Money and Pensions Service, or
(c)
a person specified or of a description specified in the rules.
(5)
Rules made by virtue of subsection (1) may include provision under which a determination may fall to be made by—
(a)
the Secretary of State,
(b)
the Money and Pensions Service, or
(c)
a person specified or of a description specified in the rules.
(6)
Rules made by virtue of subsection (1) may require specified authorised persons to provide information specified in the rules about their carrying out of requirements specified in the rules to—
(a)
the FCA,
(b)
the Money and Pensions Service, or
(c)
a person specified or of a description specified in the rules.
(7)
Rules made by virtue of subsection (1) may require specified authorised persons to have regard, in complying with requirements specified in the rules, to guidance issued from time to time by a person specified or of a description specified in the rules.
(8)
In determining what provision to include in the rules, the FCA must have regard to any regulations that are for the time being in force under—
(a)
section 238D of the Pensions Act 2004, or
(b)
Article 215D of the Pensions (Northern Ireland) Order 2005 (S.I. 2005/255 (N.I. 1)).