SCHEDULES

SCHEDULE 7Pension schemes

2Registration of pension schemes

1

Section 153 (applications for registration) is amended as follows.

2

In subsection (4) for “On” substitute “Following”.

3

In subsection (5) for paragraphs (a) and (b) substitute—

a

any information falling within subsection (5A) is inaccurate in a material respect,

b

any document falling within subsection (5B) contains a material inaccuracy,

c

any declaration accompanying the application is false,

d

the scheme administrator has failed to comply with an information notice under section 153A given in connection with the application (including any declaration accompanying it),

e

the scheme administrator has deliberately obstructed an officer of Revenue and Customs in the course of an inspection under section 153B carried out in connection with the application (including any declaration accompanying it) where the inspection has been approved by the tribunal,

f

the pension scheme has not been established, or is not being maintained, wholly or mainly for the purpose of making payments falling within section 164(1)(a) or (b) (authorised payments of pensions and lump sums), or

g

the person who is, or any of the persons who are, the scheme administrator is not a fit and proper person to be, as the case may be—

i

the scheme administrator, or

ii

one of the persons who are the scheme administrator.

4

After subsection (5) insert—

5A

The information falling within this subsection is any information—

a

contained in the application, or

b

otherwise provided to an officer of Revenue and Customs by the scheme administrator (whether under section 153A or otherwise) in connection with the application (including any declaration accompanying it).

5B

The documents falling within this subsection are any documents produced to an officer of Revenue and Customs by the scheme administrator (whether under section 153A or otherwise) in connection with the application (including any declaration accompanying it).

5C

The reference in subsection (5)(d) to the scheme administrator having failed to comply with an information notice under section 153A includes a case where the scheme administrator has concealed, destroyed or otherwise disposed of, or has arranged for the concealment, destruction or disposal of, a document in breach of paragraph 42 or 43 of Schedule 36 to the Finance Act 2008 as applied by section 153A(3).