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Pensions Act 2008

Section 68: Scheme orders: general

159.Section 68 sets out the general provisions which must, or may, be in the Order. The Order must provide for the trustee corporation established by section 75, to be a trustee when the scheme comes into force.

160.The Order may:

  • allow for any provision of the Trustee Act 2000 to apply as if the Order and Rules were a trust instrument. This is one way in which it will be possible to ensure that existing UK trust law will also apply to the scheme established under section 67.

  • give the trustees the power to make Rules. This would allow trustees to make further provisions in connection with the day-to-day operation and running of the scheme.

  • limit the trustees’ power to make Rules in prescribed circumstances and or subject it to conditions. This will enable the Secretary of State to ensure that matters of wider public policy continue to be given are given effect, or to set out procedural safeguards for the making of rules by the trustee.

  • provide for protection of the trustees against liability, where appropriate, arising from the administration of the scheme.

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