The Retirement Benefits Schemes (Information Powers) Regulations 1995

Participation of employers in a scheme

6.—(1) The prescribed person in relation to an approved scheme shall furnish to the Board, at the time prescribed by paragraph (2) below, such information (including copies of any relevant books, documents or other records) relating to an event specified in paragraph (3) below and occurring on or after the date of coming into force of these Regulations as is specified on the relevant form supplied by the Board.

(2) The time prescribed is any time not later than 180 days after the end of the scheme year in which the event in question occurs.

(3) The events specified in this paragraph are—

(a) the admission of a new employer as a participant in the scheme;

(b) in relation to any employer who is a participant in the scheme—

(i) a change in his name or address;

(ii) the occasion of his ceasing to carry on a trade or business;

(iii) a change in his association with any other employer who is a participant in the scheme.

(4) For the purposes of paragraph (3)(b)(iii) above, an employer is associated with another employer if—

(a) the association falls within the meaning given by subsection (3) of section 590A of the Taxes Act(1), read with subsection (4) of that section, or

(b) there exists some other basis of association between the employers which, for the purpose of granting or maintaining approval of the scheme, the Board have accepted as being sufficient to establish a permanent community of interest between the employers, whether by reason of the association falling within any of the situations specified in paragraph (5) below or otherwise.

(5) The situations specified are where—

(a) all the employees of the employers are the same individuals;

(b) the operations of the employers are interdependent;

(c) in the case of employers who are companies, the same individuals comprise the majority of the directors of, or hold the majority of the ordinary share capital in, each of the companies.

(1)

Section 590A was inserted by paragraph 4 of Schedule 6 to the Finance Act 1989.