Restriction on decision-making pending completion of consultation
Consultation required before decisions to make listed changes affecting schemes6
1
No person falling within regulation 3(1) may decide to make a listed change that affects an occupational or personal pension scheme unless such consultation as is required by regulation 7(3) has been carried out.
2
For the purposes of these Regulations, a change affecting an occupational or personal pension scheme is a “listed change” if—
a
in relation to an occupational pension scheme, it is listed in regulation 8, or
b
in relation to a personal pension scheme, it is listed in regulation 9,
and it is not excluded by virtue of regulation 10.
3
Paragraph (1) does not require consultation to be carried out in any of the four cases described in paragraphs (4) to (7).
4
F1The first case is where the active or prospective members of the scheme to whom—
a
a listed change mentioned in regulation 8(1)(h) relates were notified before 6th April 2012 of the proposal to make that change, or
b
any other listed change relates were notified before 6th April 2006 of the proposal to make that change.
5
The second case is where, in relation to an occupational pension scheme—
a
consultation has already been carried out under these Regulations in respect of a proposal to prevent the future accrual of benefits, as described in regulation 8(1)(c), and
b
there is a further proposal as a result of that consultation to make a decision to reduce the rate of such accrual, as described in regulation 8(3)(d).
6
The third case is where, in relation to an occupational pension scheme—
a
consultation has already been carried out under these Regulations in respect of a proposal to remove the liability to make employer contributions, as described in regulation 8(1)(d), and
b
there is a further proposal as a result of that consultation to make a decision to reduce such contributions, as described in regulation 8(2).
7
The fourth case is where, in relation to a personal pension scheme—
a
consultation has already been carried out under these Regulations in respect of a proposal to cease employer contributions, as described in regulation 9(a), and
b
there is a further proposal as a result of that consultation to make a decision to reduce such contributions, as described in regulation 9(b).