Pension Schemes Act 2021

118 Qualifying pensions dashboard service E+W+S

(1) The Pensions Act 2004 is amended as follows.

(2) After section 238 insert—

“Pensions dashboards E+W+S

238A Qualifying pensions dashboard service

(1) A pensions dashboard service is an electronic communications service by means of which information about pensions may be requested by, and provided to, an individual or a person authorised by the individual.

(2) “Qualifying pensions dashboard service” means a pensions dashboard service in relation to which prescribed requirements are satisfied.

(3) Requirements prescribed under subsection (2) may, in particular, relate to—

(a) what relevant and other information is to be provided, how it is to be provided and the circumstances in which it is to be provided;

(b) how the pensions dashboard service is to be established, maintained and operated.

(4) In subsection (3)(a) “relevant information” means—

(a) information of a prescribed description about—

(i) state pensions;

(ii) basic or additional retirement pensions;

(b) state pension information relating to the individual in question of such description as may be prescribed;

(c) information of a prescribed description about occupational or personal pension schemes or a prescribed description of occupational or personal pension schemes;

(d) information relating to the individual in question and particular occupational or personal pension schemes of such description as may be prescribed.

(5) Requirements prescribed under subsection (2) may, in particular—

(a) require the pensions dashboard service to comply with standards, specifications or technical requirements published from time to time by—

(i) the Secretary of State,

(ii) the Money and Pensions Service, or

(iii) a person specified or of a description specified in the regulations;

(b) require the provider of the pensions dashboard service to satisfy prescribed conditions;

(c) require the provider of the pensions dashboard service to be a person approved from time to time by—

(i) the Secretary of State,

(ii) the Money and Pensions Service, or

(iii) a person specified or of a description specified in the regulations;

(d) require the provider of the pensions dashboard service to provide, or not to provide, information, facilities or services specified or of a description specified in connection with the pensions dashboard service.

(6) Requirements prescribed under subsection (2) may include provision under which a determination may fall to be made by—

(a) the Secretary of State,

(b) the Money and Pensions Service, or

(c) a person specified or of a description specified in the regulations.

238B Qualifying pension dashboard service: further provision

(1) Requirements prescribed under section 238A(2) may make provision about—

(a) dealing with requests for information about pensions, including provision about the use of intermediaries;

(b) the involvement of the provider of a pensions dashboard service in the arrangements for dealing with requests for information about pensions.

(2) The provision made by virtue of subsection (1) may, in particular, require—

(a) the use of electronic communications;

(b) the use of facilities or services specified or of a description specified in the regulations;

(c) the provision of assistance in connection with the establishment, maintenance or management of such facilities or services;

(d) participation in, or compliance with, arrangements for establishing, maintaining or managing such facilities or services.

(3) The facilities and services for which provision may be made by virtue of subsection (2)(b) may include facilities or services with functions relating to—

(a) the transmission of information,

(b) verifying the identity of a person,

(c) identifying the occupational or personal pension scheme or schemes under which pensions are payable to or in respect of a particular individual,

(d) authenticating information transmitted by means of electronic communications, or

(e) ensuring the security of information transmitted by means of electronic communications.

(4) Regulations under subsection (2)(b) may impose requirements as regards a facility or service, including requirements about—

(a) compliance with standards, specifications or technical requirements published from time to time by—

(i) the Secretary of State,

(ii) the Money and Pensions Service, or

(iii) a person specified or of a description specified in the regulations;

(b) the provider of the facility or service being a person approved from time to time by—

(i) the Secretary of State,

(ii) the Money and Pensions Service, or

(iii) a person specified or of a description specified in the regulations.

(5) Regulations under subsection (2)(d) may, in particular, require the provider of the pensions dashboard service—

(a) to cooperate with the Money and Pensions Service or a person specified or of a description specified in the regulations;

(b) to coordinate activities with the Money and Pensions Service or a person specified or of a description specified in the regulations;

(c) to enable the Money and Pensions Service or a person specified or of a description specified in the regulations to monitor or audit compliance by the provider.

(6) Except as provided by subsection (7), regulations under section 238A(2) may provide for the processing of personal data in accordance with the regulations not to be in breach of—

(a) any obligation of confidence owed by the person processing the personal data, or

(b) any other restriction on the processing of personal data (however imposed).

(7) Regulations under section 238A(2) are not to be read as authorising or requiring such processing of personal data as would contravene the data protection legislation (but in determining whether particular processing of data would do so, take into account the power conferred or duty imposed by the provision of regulations in question).

238C Sections 238A and 238B: interpretation

(1) This section applies for the purposes of sections 238A and 238B.

(2) A reference to state pension information, in relation to an individual, is a reference to the information about that individual specified in—

(a) section 42(7) of the Child Support, Pensions and Social Security Act 2000, or

(b) section 38(7) of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000.

(3) A reference to the Money and Pensions Service includes a reference to a person with whom arrangements are made under section 5(1), (2) or (3) of the Financial Guidance and Claims Act 2018.

(4) In sections 238A and 238B—

• “additional retirement pension” means—

  (a)

  any additional pension or shared additional pension under—

  (i)

  the Social Security Contributions and Benefits Act 1992, or

  (ii)

  the Social Security Contributions and Benefits (Northern Ireland) Act 1992, or

  (b)

  any graduated retirement benefit under—

  (i)

  sections 36 and 37 of the National Insurance Act 1965, or

  (ii)

  sections 35 and 36 of the National Insurance Act (Northern Ireland) 1966;

• “basic retirement pension” means any basic pension under—

  (a)

  the Social Security Contributions and Benefits Act 1992, or

  (b)

  the Social Security Contributions and Benefits (Northern Ireland) Act 1992;

• “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act);

• “electronic communications service” has the meaning given by section 32 of the Communications Act 2003;

• “personal data” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act);

• “state pension” means any state pension under—

  (a)

  Part 1 of the Pensions Act 2014, or

  (b)

  Part 1 of the Pensions Act (Northern Ireland) 2015.”

(3) In section 316 (Parliamentary control of subordinate legislation), in subsection (2) (affirmative resolution procedure), after paragraph (k) insert—

“(ka) regulations under section 238A (qualifying pensions dashboard service);”.

Commencement Information

I1 S. 118 in force at Royal Assent for specified purposes, see s. 131(3)(a)

I2 S. 118 in force at 14.10.2022 in so far as not already in force by S.I. 2022/1044, reg. 2(a)