[F1 PART 9A U.K. Rules and Guidance

Textual Amendments

F1 Pt. 9A substituted for ss. 138-164 (24.1.2013 for specified purposes, 1.4.2013 in so far as not already in force) by Financial Services Act 2012 (c. 21), ss. 24(1), 122(3) (with Sch. 20); S.I. 2013/113, art. 2(1)(c), Sch. Pt. 3; S.I. 2013/423, art. 3, Sch.

CHAPTER 1 U.K. Rule-making powers

General rule-making powers of the FCA and the PRA U.K.

[F2 137FB FCA general rules: disclosure of information about the availability of pensions guidance U.K.

(1) The FCA must make general rules requiring information about the availability of pensions guidance to be given by the trustees or managers of a relevant pension scheme to members of the scheme, and survivors of members of the scheme, with subsisting rights in respect of any flexible benefits.

(2) Before the FCA publishes a draft of any rules to be made by virtue of this section, it must consult—

(a) the Secretary of State, and

(b) the Treasury.

(3) 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 section 113 of the Pension Schemes Act 1993 concerning the giving of information about the availability of pensions guidance to members of pension schemes, and survivors of members of pension schemes, with subsisting rights in respect of any flexible benefits.

(4) In this section—

• “flexible benefit” has the meaning given by section 74 of the Pension Schemes Act 2015;

• “pensions guidance” means pensions guidance given by virtue of Part 20A;

• “relevant pension scheme” means a pension scheme set up by a person with permission under this Act to establish—

  (a)

  a personal pension scheme within the meaning of an order under section 22, or

  (b)

  a stakeholder pension scheme within the meaning of such an order;

• “subsisting right” has the meaning given by section 76 of the Pension Schemes Act 2015;

• “survivor” has the meaning given by section 76 of the Pension Schemes Act 2015.]]

Textual Amendments

F2 S. 137FB inserted (3.3.2015) by Pension Schemes Act 2015 (c. 8), s. 89(1)(a), Sch. 3 para. 6 (with s. 87, Sch. 3 para. 18(1))