The Register of Occupational and Personal Pension Schemes Regulations 2005

Citation, commencement, extent and interpretation U.K.

1.—(1) These Regulations may be cited as the Register of Occupational and Personal Pension Schemes Regulations 2005, and shall come into force on 6th April 2005, subject to paragraph (2) below.

(2) Regulation 2 and this regulation in so far as it applies to regulation 2 shall come into force on 1st April 2005.

(3) Regulation 2 and this regulation in so far as it applies to regulation 2 extend to Northern Ireland.

(4) In these Regulations—

“the Act” means the Pensions Act 2004;

“Crown guarantee” in relation to a scheme, means a scheme in respect of which a relevant public authority has –

(a)

given a guarantee in relation to any part of the scheme, any benefits payable under the scheme rules or any member of the scheme, or

(b)

made any other arrangements for the purposes of securing that the assets of the scheme are sufficient to meet any part of its liabilities;

“deferred member” and “pensioner member” have the meanings ascribed to them in section 124(1) of the Pensions Act 1995 M1 ;

“public service pension scheme” has the meaning ascribed to it in section 1 of the Pension Schemes Act 1993 M2 (categories of pension schemes) and section 1 of the Pension Schemes (Northern Ireland) Act 1993 M3 (categories of pension schemes);

“relevant public authority”, in relation to a Crown guarantee, means —

(a)

a Minister of the Crown (within the meaning of the Ministers of the Crown Act 1975 M4 ),

(b)

a government department (including any body or authority exercising statutory functions on behalf of the Crown), or

(c)

the Scottish Ministers; and

[F1 “scheme undertaking cross-border activities” means a scheme in relation to which the trustees or managers—

(a)

are proposing to apply for authorisation, or are authorised, under section 288 of the Act (general authorisation to accept contributions from European employers); or

(b)

are proposing to apply for approval, or are approved, under section 289 of the Act (approval in relation to particular European employer) in relation to a European employer; and]

“trust scheme” means an occupational or personal pension scheme which is established under a trust.

Textual Amendments

F1 Words in reg. 1(4) inserted (20.3.2006) by Occupational Pension Schemes (Republic of Ireland Schemes Exemption (Revocation) and Tax Exempt Schemes (Miscellaneous Amendments)) Regulations 2006 (S.I. 2006/467), regs. 1(1), 4(2)

Marginal Citations

M1 1995 c. 26; section 124(1) is amended by section 84(1) of, and paragraphs 43 and 61(1) and (2) of Part 1 of Schedule 12 to, the Welfare Reform and Pensions Act 1999 (c. 30), and by section 56 of, and paragraph 8(3) of Part 1 of Schedule 5 to, the Child Support, Pensions and Social Security Act 2000 (c. 19). “Active member” is defined in section 318(1) of the Act; that definition therefore also applies to these Regulations.

M2 1993 c. 48; the relevant amending instrument is S.I. 1999/1820.

M3 1993 c. 49.

M4 1975 c. 26.