Pensions Act 2004

Valid from 06/04/2005

Section 10

SCHEDULE 2 E+W+S The reserved regulatory functions

Part 1 E+W+S Functions under the Pension Schemes Act 1993 (c. 48)

1 E+W+S The power by direction under section 99(4) to grant an extension of the period within which the trustees or managers of a scheme are to carry out certain duties.

2 E+W+S The power by direction under section 101J(2) to extend the period for compliance with a transfer notice.

3 E+W+S The power under regulations made by virtue of section 168(4) to require a person to pay a penalty.

Part 2 E+W+S Functions under the Pensions Act 1995 (c. 26)

4 E+W+S The power to make an order under section 3(1) prohibiting a person from being a trustee.

5 E+W+S The power to make an order under section 3(3) revoking such an order.

6 E+W+S The power to make an order under section 4(1) suspending a trustee.

7 E+W+S The power to make an order under section 4(2) extending the period for which an order under section 4(1) of that Act has effect.

8 E+W+S The power to make an order under section 4(5) revoking an order under section 4(1) of that Act suspending a trustee.

9 E+W+S The power to make an order appointing a trustee under any of the following provisions of section 7—

(a) subsection (1) where a trustee is removed by an order under section 3 (prohibition orders);

(b) subsection (3)(a) or (c).

10 E+W+S The power under section 9 to exercise by order the same jurisdiction and powers as the High Court or the Court of Session for vesting property in, or transferring property to, trustees in consequence of the appointment or removal of a trustee.

11 E+W+S The power to require a person to pay a penalty under section 10 (including under regulations made by virtue of subsection (3) of that section).

12 E+W+S The power to make an order under section 11 directing or authorising an occupational pension scheme to be wound up.

13 E+W+S The power to give directions to trustees under section 15.

14 E+W+S The power under section 29(5) to give a notice waiving a disqualification under section 29 of that Act.

15 E+W+S The power under section 30(2) to exercise by order the same jurisdiction and powers as the High Court or the Court of Session for vesting property in, or transferring property to, the trustees where a trustee becomes disqualified under section 29 of that Act.

16 E+W+S The power to make an order under section 67G(2) by virtue of which any modification of, or grant of rights under, an occupational pension scheme is void to any extent.

17 E+W+S The power to make an order under section 67H(2) prohibiting, or specifying steps to be taken in relation to, the exercise of a power to modify an occupational pension scheme.

18 E+W+S The power to make an order under section 69 authorising the modification of an occupational pension scheme or modifying the scheme.

19 E+W+S The power to make an order under section 71A modifying an occupational pension scheme with a view to ensuring that it is properly wound up.

Part 3 E+W+S Functions under the Welfare Reform and Pensions Act 1999 (c. 30)

20 E+W+S The power by direction under section 2(3)(b) to remove a scheme from the register of stakeholder pension schemes.

Part 4 E+W+S Functions under this Act

21 E+W+S The power to make or extend a restraining order under section 20.

22 E+W+S The power to make an order under section 20(10) permitting payments out of an account that is subject to a restraining order.

23 E+W+S The power to make a repatriation order under section 21.

24 E+W+S The power to make a freezing order under section 23.

25 E+W+S The power to make an order under section 25(3) extending the period for which a freezing order has effect.

26 E+W+S The power to make an order under section 26 validating action taken in contravention of a freezing order.

27 E+W+S The power to make an order under section 28 directing that specified steps are taken.

28 E+W+S The power to make an order under section 30 giving a direction where a freezing order ceases to have effect.

29 E+W+S The power to make an order under section 31(3) directing the notification of members.

30 E+W+S The power to issue a contribution notice under section 38.

31 E+W+S The power to issue a direction under section 41(4) to the trustees or managers of an occupational pension scheme.

32 E+W+S The power to issue a revised contribution notice under section 41(9).

33 E+W+S The power to issue a financial support direction under section 43.

34 E+W+S The power to issue a contribution notice under section 47.

35 E+W+S The power to issue a direction under section 50(4) to the trustees or managers of an occupational pension scheme.

36 E+W+S The power to issue a revised contribution notice under section 50(9).

37 E+W+S The power to make a restoration order under section 52.

38 E+W+S The power to issue a contribution notice under section 55.

39 E+W+S The power to issue a notice under section 71 requiring a report to be provided to the Regulator.

40 E+W+S The power to make a direction under section 76(8) extending the retention period for documents taken into possession under section 75.

41 E+W+S The power to make a direction under section 78(10) extending the retention period for documents taken into possession under that section.

42 E+W+S The power to make an order under section 231 modifying a scheme, giving directions or imposing a schedule of contributions.

43 E+W+S The power to issue a ring-fencing notice under section 292.

44 E+W+S The power to vary or revoke under section 101—

(a) a determination made by the Determinations Panel whether to exercise one of the other functions listed in this Schedule, or

(b) an order, notice or direction made, issued or given in the exercise of one of those functions—

(i) by the Panel, or

(ii) by the Regulator in compliance with a direction of the Tribunal under section 103.