Pension Schemes Act 2021

9 Decision on application

(1) Where an application is made for authorisation of a collective money purchase scheme under section 8, the Pensions Regulator must decide whether it is satisfied that the scheme meets the authorisation criteria.

(2) The Pensions Regulator must make that decision within the period of six months beginning with the day on which the Pensions Regulator received the application.

(3) The authorisation criteria are—

(a) that the persons involved in the scheme are fit and proper persons (see section 11),

(b) that the design of the scheme is sound (see section 12),

(c) that the scheme is financially sustainable (see section 14),

(d) that the scheme has adequate systems and processes for communicating with members and others (see section 15),

(e) that the systems and processes used in running the scheme are sufficient to ensure that it is run effectively (see section 16), and

(f) that the scheme has an adequate continuity strategy (see section 17).

(4) If the Pensions Regulator is satisfied that the collective money purchase scheme meets the authorisation criteria, it must—

(a) grant the authorisation,

(b) notify the applicant of its decision, and

(c) add the scheme to its list of authorised collective money purchase schemes (see section 26).

(5) If the Pensions Regulator is not satisfied that the collective money purchase scheme meets the authorisation criteria, it must—

(a) refuse to grant the authorisation, and

(b) notify the applicant of its decision.

(6) A notification under subsection (5)(b) must also include—

(a) the reasons for the decision, and

(b) details of the right of referral to the First-tier Tribunal or Upper Tribunal (see section 10).