Disclosure of information about schemes
38.—(1) Section 109 of the Pension Schemes Act (disclosure of information about schemes to members etc) is amended as follows.
(2) In subsection (1)—
(a)in the opening words, for “the persons mentioned in subsection (2)” substitute “persons of prescribed descriptions”;
(b)in paragraph (ca), omit “to the member” and “by him”.
(3) Omit subsection (2).
(4) Before subsection (3) insert—
“(2A) In complying with requirements specified in the regulations, a person must have regard to any guidance prepared from time to time by the Department.”.
(5) For subsection (4) substitute—
“(4) Where the regulations specify requirements to be complied with in the case of an occupational pension scheme with respect to keeping recognised trade unions informed, the regulations must make provision for referring to an industrial tribunal any question whether an organisation is a recognised trade union.
(4A) For the purposes of subsection (4) a trade union is a recognised trade union in relation to an occupational pension scheme if it is an independent trade union recognised to any extent for the purposes of collective bargaining in relation to members and to prospective members of the scheme.”.
(6) In subsection (5), for “some or all of the persons mentioned in subsection (2)” substitute “persons of a prescribed description”.
(7) Omit paragraph 13 of Schedule 10 to the 2005 Order, which is no longer needed given subsection (3).