PART IITHE PENSIONS REGULATOR

Exercise of regulatory functions

The Regulator's procedure in relation to its regulatory functions88

1

The Regulator must determine the procedure that it proposes to follow in relation to the exercise of its regulatory functions.

2

For the purposes of this Part the “regulatory functions” of the Regulator are—

a

the power to issue an improvement notice under Article 9,

b

the power to issue a third party notice under Article 10,

F1ba

the power to appoint a skilled person in relation to a public service pension scheme under Article 10A,

c

the reserved regulatory functions (see Schedule 2),

d

the power to issue a clearance statement under Article 38,

e

the power to issue a notice under Article 41(1) approving the details of arrangements,

f

the power to issue a clearance statement under Article 42,

g

the power to vary or revoke under Article 96 (to the extent that it does not fall within sub-paragraph (c)),

h

the power to make an order under Article 138(8),

i

the power to make an order under Article 198(4),

j

the power to grant or revoke authorisation under Article 264,

k

the power to grant or revoke approval under Article 265,

l

the power to issue a notice under Article 269(5),

m

the power by direction under Article 4(3)(a) of the 1999 Order to refuse to register a scheme under Article 4 of that Order,

n

the power to make an order under Article 7 of the 1995 Order appointing a trustee (to the extent that it does not fall within sub-paragraph (c)),

o

the power to make an order under Article 23 of that Order appointing an independent trustee,

p

the power to give directions under Article 72B of that Order (directions facilitating winding up), F4and

F3pa

the power to give a direction under section 74(2) of the Pension Schemes Act 2021 (direction to obtain actuarial valuation or take other steps to remedy or mitigate failure in relation to a collective money purchase scheme),

pb

the power to give a notice under section 80(1) or (4) of that Act (risk notices),

pc

the power to give a direction under section 80(6) of that Act (direction to implement proposals in a resolution plan),

pd

the power to give a direction under section 90(4) of that Act (direction to submit implementation strategy), and

F2pe

the power to give a direction under section 26(7) of the Pension Schemes Act (Northern Ireland) 2021 (direction to submit implementation strategy), and

q

such other functions of the Regulator as may be prescribed.

3

The Determinations Panel must determine the procedure to be followed by it in relation to any exercise by it on behalf of the Regulator of—

a

the power to determine whether to exercise a regulatory function, and

b

where the Panel so determines to exercise a regulatory function, the power to exercise the function in question.

4

The procedure determined under this Article—

a

must provide for the procedure required under—

i

Article 91 (standard procedure), and

ii

Article 93 (special procedure), and

b

may include such other procedural requirements as the Regulator or, as the case may be, the Panel considers appropriate.

5

This Article is subject to—

a

Articles 94 to 98 (the remaining provisions concerning the procedure in relation to the regulatory functions), and

b

any regulations made by the Secretary of State under paragraph 19 of Schedule 1 to the Pensions Act 2004 (c. 35).