The Occupational and Personal Pension Schemes (Disclosure of Information) Regulations 2013

Giving information and documents E+W+S

26.—(1) Except where these Regulations otherwise provide, the methods for giving information or documents that these Regulations require to be given include the methods set out in paragraph (2).

(2) The information may be given by—

(a) sending it to the person's last known postal address, or

(b) subject to paragraphs (3) to (5), using either or both of the following methods—

(i) sending it to the person's last known electronic address, or

(ii) making it available on a website (see regulation 27).

(3) Where a member or beneficiary of the scheme has requested in writing that—

(a) any of the information, or

(b) all of the information,

is not given in accordance with paragraph (2)(b), that information may not be given in accordance with paragraph (2)(b).

(4) Information may only be given by an electronic communication where the trustees or managers of the scheme are satisfied that the electronic communications have been designed—

(a) so that the person will be able to—

(i) get access to, and

(ii) store or print,

the information, and

(b) taking into account the requirements of disabled persons.

[F1 (4A) The provisions of paragraph (4) do not apply where regulation 29A applies to the information.]

(5) Where—

(a) a member or beneficiary of the scheme was a member or beneficiary of the scheme on 1st December 2010, and

(b) information was not given by the trustees or managers of the scheme before that date by the methods described in paragraph (2)(b),

information may not be given to that member or beneficiary of the scheme in accordance with paragraph (2)(b) unless the trustees or managers of the scheme have given them the written notice referred to in paragraph (6).

(6) The written notice mentioned in paragraph (5) must state that—

(a) the trustees or managers of the scheme propose to give information to the member or beneficiary of the scheme by means of an electronic communication, and

(b) the member or beneficiary of the scheme may request in writing that information is not given by means of an electronic communication.

(7) The written notice mentioned in paragraph (5) must not be given by the methods mentioned in paragraph (2)(b).

Textual Amendments

F1 Reg. 26(4A) inserted (coming into force in accordance with reg. 1(1)(3) of the amending S.I.) by The Occupational Pension Schemes (Administration and Disclosure) (Amendment) Regulations 2018 (S.I. 2018/233), reg. 3(4)