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The Occupational Pension Schemes (Charges and Governance) Regulations 2015
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- UK Statutory Instruments
- 2015 No. 879
- PART 2
- CHAPTER 1
- Regulation 11B
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Changes over time for: Section 11B
Version Superseded: 01/08/2022
Alternative versions:
- 06/04/2016- Amendment
- 01/10/2017- Amendment
- 06/04/2022
Point in time - 01/08/2022- Amendment
Status:
Point in time view as at 06/04/2022. This version of this provision has been superseded.
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[F1[F2Relevant informationU.K.
This section has no associated Explanatory Memorandum
11B.—(1) The trustees or managers of a specified scheme must notify the service provider in writing that the scheme is a specified scheme within 3 months beginning with whichever is the later of—
(a)6th April 2016;
(b)the date on which the scheme becomes a specified scheme; or
(c)the date on which the service provider becomes a service provider in relation to the specified scheme.
(2) Subject to [F3paragraphs (2B) and (5)], regulation 11A does not apply until the expiry of the period of 1 month beginning with the date on which the service provider receives the notification in paragraph (1).
[F4(2A) This paragraph applies where the relevant contract—
(a)was entered into before 6th April 2016; and
(b)has not been varied or renewed on or after that date.
(2B) Subject to paragraph (5), where paragraph (2A) applies regulation 11A does not apply until the expiry of the period of 6 months beginning with 1st October 2017.]
(3) [F5Except in a case to which paragraph (2A) applies,] the service provider must confirm in writing to the trustees or managers who provided the notification in paragraph (1) that it is compliant with the prohibition in regulation 11A(2) in relation to all members to whom that regulation applies within 1 month beginning with the date on which that regulation first applies.
[F6(3A) In a case to which paragraph (2A) applies, subject to paragraph (5), the service provider must confirm in writing to the trustees or managers of the specified scheme within 1 month beginning with 1st April 2018 that it is complying with the prohibition in regulation 11A(2) in relation to all members to whom paragraph (2A) applies.]
(4) Where the service provider is unable to comply with the prohibition in regulation 11A(2) in relation to all members because the service provider requires information about which members are former workers to whom regulation 11A applies, the service provider may request the information from the trustees or managers of the specified scheme to enable it to comply.
(5) Where a request is made under paragraph (4), the time period referred to—
(a)in [F7paragraphs (2) or (2B)] in respect of those members about whom a request has been made and to whom regulation 11A applies; or
(b)[F8paragraphs (3) or (3A)],
commences on the date on which the information requested is received by the service provider.
(6) The service provider must inform the trustees or managers of the specified scheme in writing if the confirmation that it has given in compliance with paragraph (3) [F9or (3A)] is no longer accurate as soon as practicable, and in any event within 1 month, beginning with the date on which it is no longer accurate.
(7) Where a request is made under paragraph (4), the trustees or managers must provide the information requested within 1 month beginning with the date of receipt of the request.]]
Textual Amendments
F1Ch. 1: reg. 4-13 renumbered as Ch. 1 (1.10.2017) by The Occupational Pension Schemes (Charges and Governance) (Amendment) Regulations 2017 (S.I. 2017/774), regs. 1, 4
F2Regs. 11A-11C inserted (6.4.2016) by The Occupational Pension Schemes (Charges and Governance) (Amendment) Regulations 2016 (S.I. 2016/304), regs. 1, 6
F3Words in reg. 11B(2) substituted (1.10.2017) by The Occupational Pension Schemes (Charges and Governance) (Amendment) Regulations 2017 (S.I. 2017/774), regs. 1, 9(2)
F4Regs. 11B(2A)-(2B) inserted (1.10.2017) by The Occupational Pension Schemes (Charges and Governance) (Amendment) Regulations 2017 (S.I. 2017/774), regs. 1, 9(3)
F5Words in reg. 11B(3) inserted (1.10.2017) by The Occupational Pension Schemes (Charges and Governance) (Amendment) Regulations 2017 (S.I. 2017/774), regs. 1, 9(4)
F6Reg. 11B(3A) inserted (1.10.2017) by The Occupational Pension Schemes (Charges and Governance) (Amendment) Regulations 2017 (S.I. 2017/774), regs. 1, 9(5)
F7Words in reg. 11B(5) substituted (1.10.2017) by The Occupational Pension Schemes (Charges and Governance) (Amendment) Regulations 2017 (S.I. 2017/774), regs. 1, 9(6)(a)
F8Words in reg. 11B(5) substituted (1.10.2017) by The Occupational Pension Schemes (Charges and Governance) (Amendment) Regulations 2017 (S.I. 2017/774), regs. 1, 9(6)(b)
F9Words in reg. 11B(6) inserted (1.10.2017) by The Occupational Pension Schemes (Charges and Governance) (Amendment) Regulations 2017 (S.I. 2017/774), regs. 1, 9(7)
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