The Occupational Pension Schemes (Cross-border Activities) Regulations 2005

6.—(1) In this paragraph— E+W+S

(a) except in sub-paragraph (2)(c), references to the European employer are references to the European employer specified in the notice of intention, and

(b) references to the provision of information in relation to one European employer shall include the provision of that information in relation to each European employer so specified.

(2) The additional information about the scheme and its existing activities to be contained in the notice of intention in accordance with regulations 9(2), 10(2) and 11(2) is—

(a) where—

(i) the application for approval is not made on the same day as the application for authorisation, and

(ii) the trustees or managers have not satisfied the Regulator that there has not been any material change in the information described in paragraph (2)(a) to (e) above since the application for authorisation was made,

the information so described in so far as there has been any material change in that information,

(b) where the trustees or managers of the scheme have been authorised by the Regulator under section 288, the date on which such authorisation was granted,

(c) where the trustees or managers of the scheme are already accepting contributions from a European employer, the name and address of that employer and the host member State of that employer, and

(d) a copy of the scheme rules.

(3) The additional information about the scheme and its existing activities to be contained in the notice of intention in accordance with regulations 9(2)(a) and 10(2)(a) is the most recent payment schedule for the scheme.

(4) The additional information about the scheme and its existing activities to be contained in the notice of intention in accordance with regulation 9(2)(b) is—

(a) where—

(i) the application for approval is not made on the same day as the application for authorisation, and

(ii) the trustees or managers have not satisfied the Regulator that there has not been any material change in the information described in paragraph 4(a) to (d) since the application for authorisation was made,

the information so described in so far as there has been any material change in that information, and

(b) the most recent schedule of contributions for the scheme.

(5) The additional information about the scheme and its existing activities to be contained in the notice of intention in accordance with regulation 10(2)(b) is the most recent minimum funding valuation for the scheme.

(6) The additional information about the scheme to be contained in the notice of intention in accordance with regulation 11(2) is a statement signed by the trustees or managers of the scheme showing—

(a) the rates of contributions which will be payable towards the scheme by or on behalf of the employer and the active members of the scheme, and

(b) the dates on or before which such contributions are to be paid.

(7) The additional information about the future activities of the scheme when it is approved in relation to the European employer to be contained in the notice of intention in accordance with regulations 9(2), 10(2) and 11(2) is—

(a) the names of any member States other than the United Kingdom where the scheme already has members who are qualifying persons or qualifying self-employed persons,

(b) where the scheme has established, or is intending to establish, a branch in the host member State, the address, e-mail address, telephone number and fax number of—

(i) that branch, and

(ii) all persons authorised to represent the scheme for the business of that branch,

(c) the address, e-mail address, telephone number and fax number in the host member State of the European employer,

(d) a description of the type of scheme to be offered to the European employer (including whether it will be defined contribution only, defined benefit, final salary, salary related or some form of hybrid),

(e) the conditions to be met before benefits are, or will become, payable,

(f) the types and rates of contributions to be paid towards the scheme by or on behalf of the European employer and those active members of the scheme in the host member State who are—

(i) qualifying persons in relation to that European employer, or

(ii) qualifying self-employed persons,

(g) a description of any guarantees and additional coverage offered by the scheme,

(h) a description of the categories of persons who are employees in the host member State of that European employer who cannot become members of the scheme, and

(i) whether the assets or liabilities (or both) of the scheme which correspond to the activities carried out in the host member State will be ring-fenced.