8.—(1) Regulation 4 (restrictions on charges)(1) is amended as follows.
(2) In paragraph (1)—
(a)after “relevant scheme” insert “, that is not a collective money purchase scheme,”;
(b)in sub-paragraph (a), after “this Chapter” insert “, with the exception of regulation 6A”;
(c)in sub-paragraph (b), for “regulation” substitute “regulations 5A and”.
(3) After paragraph (1), insert—
“(1ZA) Subject to regulation 9, the trustees of a relevant scheme that is a qualifying collective money purchase scheme must not impose or permit to be imposed on the members of that scheme, in respect of members’ rights under the scheme, charges which—
(a)exceed the limits specified in this Chapter, with the exception of regulation 6; or
(b)are of a description prohibited by this Chapter, with the exception of regulations 5, 11 and 11A.”.
(4) In paragraph (2)—
(a)after “regulations” insert “5A, 6A, 7A, 8A,”;
(b)in sub-paragraph (a), after “relevant scheme” insert “, that is not a collective money purchase scheme,”.
(5) In paragraph (3)—
(a)at the beginning of the paragraph omit “The” and insert “For the purposes of paragraph (2), the”;
(b)for “5 to 9” substitute “5, 6, 7, 8 and 9”;
(c)in sub-paragraph (a), after “another” insert “(unless the receiving scheme is a qualifying collective money purchase scheme)”.
(6) After paragraph (3), insert—
“(3A) If the receiving scheme referred to in paragraph (3) is a collective money purchase scheme (other than a qualifying collective money purchase scheme), this regulation and regulations 5, 6, 7, 8 and 9 apply in respect of the value of a member’s rights, following any such transfer, as if the person was a member of a relevant scheme within the meaning of regulation 2(2)(a) or (b) to whom this Chapter applies in accordance with paragraph (2) (unless the person is a pensioner member of the receiving scheme, including a person who has become a pensioner member of the receiving scheme after the transfer).
(3B) Subject to paragraph (3C), the application of this regulation and regulations 5A, 6A, 7A, 8A and 9 in respect of a member of a relevant scheme that is a qualifying collective money purchase scheme is not affected by a transfer of the member’s rights to a relevant scheme, where the member has not given consent to the transfer.
(3C) Paragraph (3B) does not apply in respect of the transfer of a member’s rights from a qualifying collective money purchase scheme to a relevant scheme (within the meaning of regulation 2(2)(a) or (b))—
(a)if this Chapter (with the exception of regulations 5A, 6A, 7A, 8A, 11 and 11A) would otherwise apply to the member by virtue of paragraph (2) upon their rights being transferred; or
(b)if the member is a pensioner member of the qualifying collective money purchase scheme.
(3D) If a member’s rights are transferred from a relevant scheme that is a qualifying collective money purchase scheme to a relevant scheme that is not a qualifying collective money purchase scheme (and paragraph (3B) applies in respect of the transfer of that member’s rights)—
(a)this regulation and regulations 5A, 6A, 7A, 8A and 9 apply in respect of that member (and any other members whose rights have been transferred at the same time) as if the person was a member, or as if the persons were members, of a qualifying collective money purchase scheme (unless the relevant scheme to which the rights are transferred is not a collective money purchase scheme and any such person is a pensioner member of the scheme, including a person who has become a pensioner member of the scheme after the transfer); and
(b)references in this regulation and in regulations 5A, 6A, 7A, 8A and 9 to members of a qualifying collective money purchase scheme are to be read as references to those members subject to the transfer.”.
(7) In paragraph (4), for “This Chapter does not apply to a member of a relevant scheme” substitute “This Chapter does not apply to a member of a relevant scheme that is not a collective money purchase scheme”.
(8) After paragraph (4), insert—
“(5) In this regulation, “pensioner member” has the meaning given in section 124(1) of the 1995 Act(2).”.
Commencement Information
I1Sch. 7 para. 8 in force at 1.8.2022, see reg. 1(3)
Regulation 4 was amended by S.I. 2016/304, 2017/774 and 2018/240.
The definition of “pensioner member” was amended by paragraph 8 of Schedule 5 to the Child Support, Pensions and Social Security Act 2000 (c. 19) and S.I. 2006/745.