Application of Regulations

Application3

1

These Regulations apply to—

a

in the case of an occupational pension scheme which is not a multi-employer scheme—

i

any relevant employer, and

ii

if there is a relevant employer, the trustees or managers of the scheme;

b

in the case of a multi-employer scheme in relation to which there are one or more relevant employers—

i

each relevant employer,

ii

the trustees or managers of the scheme, and

iii

any other person who, under the rules of the scheme, has the power to make a listed change affecting the scheme M1; and

c

in the case of a personal pension scheme where direct payment arrangements exist in respect of one or more members of the scheme who are his employees, a relevant employer.

F12

For the purposes of these Regulations “relevant employer” means—

a

an employer employing in Great Britain at least the number of employees specified in paragraph (2A); and

b

in the case of—

i

an occupational pension scheme, an employer in relation to the scheme other than one who is excluded by regulation 4, and

ii

a personal pension scheme, an employer in relation to the scheme other than one who is excluded by regulation 5.

3

In these Regulations references to a personal pension scheme are to a personal pension scheme falling within paragraph (1)(c).

Excluded employers: occupational pension schemes4

1

This regulation excludes—

a

any employer in relation to a public service pension scheme;

b

any employer in relation to a small occupational pension scheme;

c

any employer in relation to an occupational pension scheme with fewer than two members;

d

any employer in relation to an occupational pension scheme which is an employer-financed retirement benefits scheme;

e

any employer in relation to an unregistered occupational pension scheme which has its main administration outside the F10EEA states; and

F2f

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F32

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F43

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

In this regulation—

  • “employer-financed retirement benefits scheme” has the meaning given by section 393A of the Income Tax (Earnings and Pensions) Act 2003 M2 (employer-financed retirement benefits scheme);

  • “public service pension scheme” has the meaning given by section 1(1) of the Pension Schemes Act 1993 M3;

  • “small occupational pension scheme” means—

    1. a

      a scheme with fewer than twelve members where all of the members are trustees of the scheme and either—

      1. i

        the provisions of the scheme provide that F6any decision made by the trustees is made by the unanimous agreement of the trustees who are members of the scheme, or

      2. ii

        the scheme has a trustee who is independent in relation to the scheme for the purposes of section 23 of the Pensions Act 1995 M4 (power to appoint independent trustees) and is registered in the register maintained by the Regulator in accordance with regulations made under subsection (4) of that section;

    2. b

      a scheme with fewer than twelve members F7where a company is the sole trustee of the scheme, and all the members of the scheme are directors of the company and either—

      1. i

        the provisions of the scheme provide that any decision made by the company in its capacity as trustee F8is made by the unanimous agreement of the directors who are members of the scheme, or

      2. ii

        F9one of the directors of the company is independent in relation to the scheme for the purposes of section 23 of the Pensions Act 1995 and is registered in the register maintained by the Regulator in accordance with regulations made under subsection (4) of that section; and

  • “unregistered occupational pension scheme” means an occupational pension scheme which is not registered under section 153 of the Finance Act 2004 M5 (registration of pension schemes).

Excluded employers: personal pension schemesF55

This regulation excludes any employer in relation to a personal pension scheme where no employer contributions fall to be paid towards the scheme.