PART 4Pensions flexibilities

CHAPTER 2Independent advice

Great Britain

49Power to require employer to arrange advice for purposes of section 48

(1)

The Secretary of State may by regulations specify circumstances in which an employer must arrange or pay for a member of a pension scheme, or a survivor of a member of a pension scheme, to receive appropriate independent advice for the purpose of satisfying a requirement imposed by section 48.

(2)

Regulations under subsection (1) may, in particular—

(a)

impose limitations on the amount that an employer may be required to pay;

(b)

prohibit an employer from seeking in any way to recover, from a member or survivor, costs incurred by the employer in complying with the regulations;

(c)

provide for section 10 of the Pensions Act 1995 (civil penalties) to apply to a failure by an employer to comply with the regulations.

(3)

In this section “employer” has the meaning given by regulations made by the Secretary of State.