Pensions Act 2004

63 Duty of the Regulator to issue scheme return notices E+W+S

(1) The Regulator must issue scheme return notices in accordance with this section requiring scheme returns to be provided in respect of registrable schemes.

(2) In respect of each registrable scheme, the Regulator—

(a) must issue the first scheme return notice in accordance with subsection (3), and

(b) must issue subsequent scheme return notices in accordance with subsection (4).

(3) The return date specified in a scheme return notice issued in respect of a scheme under subsection (2)(a)—

(a) must fall within the period of three years beginning with—

(i) the date on which the Regulator receives a notice under section 62(2)(a) in respect of the scheme, or

(ii) if earlier, the date on which the Regulator first becomes aware that the scheme is a registrable scheme, and

(b) if the trustees or managers have complied with paragraph (b) of section 62(2), must fall after the end of the period of one year beginning with the date on which they provided the information required by that paragraph to the Regulator.

[F1 (3A) But subsection (3)(a) has effect as if the reference to three years were a reference to five years if—

(a) the trustees or managers have complied with paragraph (b) of section 62(2),

(b) the information they provided under that paragraph included the number of members of the scheme, and

(c) that number was no more than 4.]

(4) The return date specified in a scheme return notice issued in respect of a scheme under subsection (2)(b) must fall—

(a) within the period of three years, but

(b) after the end of the period of one year,

beginning with the return date specified in the previous scheme return notice issued in respect of the scheme.

[F2 (4A) But subsection (4)(a) has effect as if the reference to three years were a reference to five years if—

(a) on the date on which the previous scheme return notice was issued, the number of members of the scheme was recorded in the register, and

(b) that number was no more than 4.]

Textual Amendments

F1 S. 63(3A) inserted (11.9.2014) by Pensions Act 2014 (c. 19), ss. 49(2), 56(1); S.I. 2014/2377, art. 2(1)(a)(i)(2)(i)

F2 S. 63(4A) inserted (11.9.2014) by Pensions Act 2014 (c. 19), ss. 49(3), 56(1); S.I. 2014/2377, art. 2(1)(a)(i)(2)(i)

Commencement Information

I1 S. 63 in force at 6.4.2005 by S.I. 2005/275, art. 2(7), Sch. Pt. 7