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Version Superseded: 31/12/2020
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There are currently no known outstanding effects for the The Occupational Pension Schemes (Cross-border Activities) Regulations 2005, Section 13.
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13.—(1) In this regulation, “notified” in relation to a requirement means a requirement which was included in information which was received by the Regulator from the competent authority in the [F1host EEA state] in pursuance of [F2Article 11(7) or (9)] of the Directive and was forwarded by the Regulator—
(a)in accordance with section 290(1) (notification of legal requirements of [F1host EEA state] outside the United Kingdom) to the person who gave the notice of intention, or
(b)in accordance with section 290(2) to the trustees or managers of the scheme,
as the case may be.
(2) Where the Regulator has granted approvals under section 289 to the trustees or managers of a scheme in relation to one or more specified European employers it may revoke any or all of those approvals where it is satisfied by the trustees or managers of the scheme that—
(a)the scheme does not have any European members who have any accrued European rights, and
(b)there are not in relation to the scheme any survivors of a European member of the scheme who have any accrued European rights.
(3) Where the Regulator has granted approvals under section 289 to the trustees or managers of a scheme in relation to more than one specified European employer it may decide under paragraph (4) or (5) to revoke those approvals in relation to one or more such European employers.
(4) Where the Regulator has granted approvals under section 289 to the trustees or managers of a scheme in relation to one or more specified European employers and those European employers are all located in the same [F1host EEA state], the criteria to be applied by the Regulator in reaching any decision relating to the revocation of any such approval are the seriousness, frequency and persistence of any failure—
(a)by the trustees or managers of the scheme to ensure that the scheme is operated in a way which is consistent with, or
(b)by the scheme to comply with,
any of the requirements described in paragraph (5).
(5) The requirements under paragraph (4) for the purposes of any decision by the Regulator relating to the revocation of an approval are—
(a)the notified requirements of the social and labour law of that [F1host EEA state],
(b)the notified information requirements imposed by that [F1host EEA state] in pursuance of [F3Article 11(6)] of the Directive, or
(c)the conditions described in regulation 12(2).
(6) Where the Regulator has granted approvals under section 289 to the trustees or managers of a scheme in relation to more than one specified European employer and not all of those European employers are located in the same [F1host EEA state], the criteria to be applied by the Regulator in reaching any decision relating to the revocation of any such approval are the seriousness, frequency and persistence of any failure—
(a)by the trustees or managers of the scheme to ensure that the scheme is operated in a way which is consistent with, or
(b)by the scheme to comply with,
any of the requirements described in paragraph (7).
(7) The requirements for the purposes of paragraph (6) are—
(a)the notified requirements of the social and labour law of any of the [F4host EEA states],
(b)the notified information requirements imposed by any of those [F4host EEA states] in pursuance of [F5Article 11(6)] of the Directive, or
(c)the conditions described in regulation 12(2).
[F6(8) A revocation made pursuant to this regulation must be notified to EIOPA.]
Textual Amendments
F1Words in reg. 13(1)(4)(5)(6) substituted (26.11.2007) by Occupational Pension Schemes (EEA States) Regulations 2007 (S.I. 2007/3014), regs. 1, 5(5)(a)
F2Words in reg. 13(1) substituted (13.1.2019) by The Occupational Pension Schemes (Cross-border Activities)(Amendment) Regulations 2018 (S.I. 2018/1102), regs. 1(2), 3(5)(a)
F3Words in reg. 13(5)(b) substituted (13.1.2019) by The Occupational Pension Schemes (Cross-border Activities)(Amendment) Regulations 2018 (S.I. 2018/1102), regs. 1(2), 3(5)(b)
F4Words in reg. 13(7) substituted (26.11.2007) by Occupational Pension Schemes (EEA States) Regulations 2007 (S.I. 2007/3014), regs. 1, 5(5)(b)
F5Words in reg. 13(7)(b) substituted (13.1.2019) by The Occupational Pension Schemes (Cross-border Activities)(Amendment) Regulations 2018 (S.I. 2018/1102), regs. 1(2), 3(5)(b)
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