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The Occupational and Personal Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 2006
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- UK Statutory Instruments
- 2006 No. 349
- Miscellaneous
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Version Superseded: 06/04/2009
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- 16/02/2006- Amendment
- 06/04/2006- Amendment
- 06/04/2006
Point in time - 06/04/2009- Amendment
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There are currently no known outstanding effects for the The Occupational and Personal Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 2006, Miscellaneous.
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MiscellaneousE+W+S
Employment rights and protections in connection with consultationE+W+S
17. The Schedule to these Regulations contains provision as to employment rights and protections which, in connection with consultation under these Regulations, apply to the employees of an employer in relation to an occupational or personal pension scheme.
Exclusivity of remedyE+W+S
18.—(1) The remedy for a failure to comply with any obligations under regulations 6 to 16 in respect of any proposal or decision to make a listed change is by way of complaint to the Regulator.
(2) A complaint may be made by—
(a)any representative of affected members who falls within regulation 12(2)(a) or (3) or 13(2) (including any such representative who is not consulted), and
(b)any active or prospective member of an occupational or personal pension scheme who considers that he is or may be an affected member.
Powers of the Regulator to waive or relax requirementsE+W+S
19.—(1) The Regulator may by order waive or relax any of the requirements of regulations 6 to 16.
(2) The power under paragraph (1) may be exercised only if the Regulator is satisfied that it is necessary to do so in order to protect the interests of the generality of the members of the scheme.
Waiver or relaxation of requirements: amendment of Schedule 2 to the Pensions Act 2004E+W+S
20. After paragraph 44 of Schedule 2 to the Pensions Act 2004 (the reserved regulatory functions) add—
“PART 5E+W+SOTHER FUNCTIONS
45. The power to make an order under regulation 19 of the Occupational and Personal Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 2006 (S.I. 2006/349) to waive or relax any of the requirements of regulations 6 to 16 of those Regulations.”.
Waiver or relaxation of requirements: prescribed regulatory functionE+W+S
21. The Regulator's power to make an order under regulation 19 to waive or relax any of the requirements of regulations 6 to 16 is prescribed for the purposes of section 97(5)(u) of the Pensions Act 2004 (special procedure: applicable cases).
Miscellaneous amendmentE+W+S
22. In regulation 5(3) of the Financial Assistance Scheme (Internal Review) Regulations 2005 M1 (time for making an application for a review of a reviewable determination), for “or (b)” substitute “ or (c) ”.
Marginal Citations
M1S.I. 2005/1994, amended by S.I. 2005/3256.
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