Pensions Act 2008

72 Procedure for rules

(1) A person who proposes to make rules under section 67 must publish a draft of the rules and invite comments.

(2) They must have regard to any comments made in accordance with the invitation.

(3) If they make the rules they must publish an account in general terms of those comments and their response to them.

(4) If the rules they make differ from the draft published under subsection (1), they must publish details of any differences that they think are significant.

(5) Subsection (6) applies to any rules made by the Secretary of State under section 67 relating to a scheme, except rules taking effect at the same time as the order establishing the scheme.

(6) The Secretary of State may not make the rules without the consent of the trustees.

(7) But the trustees may not withhold their consent without giving reasons.

(8) The trustees must consult the members' panel and the employers' panel—

(a) before making rules under section 67;

(b) before deciding whether to give consent under subsection (6).

(9) If the Secretary of State or the trustees make rules under section 67 they must publish them.

(10) Anything published under this section must be published in a way designed to bring it to the attention of the persons likely to be interested or affected.

(11) The publication must not be limited to electronic publication.