[F1Payments to advisersU.K.
11A.—(1) This regulation applies to a member of a specified scheme if the member is, or was, a worker of a qualifying scheme employer who participates, or has participated on or after 6th April 2016, in that scheme.
(2) Subject to paragraphs (4) and (6) and regulations 11B(2) and 11C, it is prohibited for the purposes of regulation 4(1A) to impose or permit to be imposed on a member to whom this regulation applies a charge that is used—
(a)directly or indirectly, to pay an adviser; or
(b)to reimburse the service provider for a payment that the service provider has made to an adviser,
for advice or a service referred to in sub-paragraph (a) or (b) of paragraph (3).
(3) An adviser is a person who provides, has provided, or agrees to provide—
(a)advice or a service to the member’s employer or former employer who is participating in the specified scheme; or
(b)advice or a service to a member of the specified scheme.
(4) This regulation does not apply to the following services provided by an adviser—
(a)a service relating to the administration of employee remuneration including tax deductions; and
(b)a technological service which permits or enhances the ability of the service provider’s computing system and the computing system provided by or on behalf of the employer to work together.
(5) Where the adviser is also the service provider, they are to be treated as separate persons for the purposes of this regulation.
(6) This regulation does not apply to charges imposed under an agreement, whether oral or written and whether or not legally enforceable, entered into before 6th April 2016, unless such an agreement is varied or renewed on or after that date.]
Textual Amendments