PART IIE+W+S ENGLAND AND WALES

Prescribed pension arrangementsE+W+S

2.—(1) The arrangements prescribed for the purposes of section 11(2)(h) of the 1999 Act (pension arrangements which are “approved pension arrangements”) are arrangements (including an annuity purchased for the purpose of giving effect to rights under any such arrangement)—

(a)to which—

(i)the holder of an office or employment has contributed by way of payments out of [F1earnings which have been allowed as a deduction under paragraph 51 of Schedule 36 to the Finance Act 2004 (individuals with pre-commencement entitlement to corresponding relief),]

(ii)Article 17A of the Convention set out in the Schedule to the Double Taxation Relief (Taxes on Income) (Republic of Ireland) Order 1976 M1 (pension scheme contributions) applies;

[F2(b)made with a scheme which is an occupational pension scheme—

(i)registered under section 153 of the Finance Act 2004, or

(ii)which is to be treated as becoming a registered pension scheme under section 153(9) of the Finance Act 2004 in accordance with Part 1 of Schedule 36 to that Act,]

[F3(c)to which section 308A of the 2003 Act (exemption of contributions to overseas pension scheme) applies;]

(d)which are exempt or qualify for relief from, or are not liable to charge to, income tax by virtue of [F4section 614 or 615 of the Taxes Act (exemptions and reliefs in respect of income from investments etc of certain pension schemes and other overseas pensions), or section 629, 630 or 643 of the 2003 Act (pre-1973 pensions paid under the Overseas Pensions Act 1973 and Malawi, Trinidad and Tobago and Zambia government pensions),]

(e)made with—

(i)a public service pension scheme, or

(ii)an occupational pension scheme established under the auspices of a government department or by any person acting on behalf of the Crown;

F5(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F6(2) Paragraph (1)(e) above does not apply to any employer-financed retirement benefits scheme arrangement which has been provided to an employee as part of or in addition to any pension arrangement referred to in paragraph (1)(e) above.]

(3) For the purposes of this regulation—

F7(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)“occupational pension scheme” has the meaning given in section 1 of the Pension Schemes Act 1993 M2;

(c)“public service pension scheme” has the meaning given in section 1 of the Pension Schemes Act 1993;

F8(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Marginal Citations

M1S.I. 1976/2151. Article 17A was added by Article 1 of the Protocol set out in the Schedule to S.I. 1995/764.