Financial Services and Markets Act 2000

[F1 117A Pension schemes to which this Part applies U.K.

(1) This Part applies to a pension scheme—

(a) that is FCA-regulated, and

(b) in relation to which any of the following conditions is met.

(2) The conditions are—

(a) that the scheme is an auto-enrolment scheme;

(b) that the scheme is a workplace personal pension scheme that is not an auto-enrolment scheme;

(c) that the scheme is a pension scheme of a prescribed description.

(3) For the purposes of subsection (2)(a) and (b) a pension scheme is an “auto-enrolment scheme” if any individual is or at any time was an active member of the scheme in consequence of arrangements under section 3(2), 5(2) or 7(3) of the Pensions Act 2008 or section 3(2), 5(2) or 7(3) of the Pensions (No. 2) Act (Northern Ireland) 2008 (c. 13 (N.I.)) (arrangements for jobholder to become active member of automatic enrolment scheme).

(4) In subsection (3) “active member” means an active member within the meaning of Part 1 of the Pensions Act 2008 (see section 99 of that Act) or Part 1 of the Pensions (No. 2) Act (Northern Ireland) 2008 (c. 13 (N.I.)) (see section 78 of that Act).

(5) For the purposes of subsection (2)(b) a pension scheme is a “workplace personal pension scheme” if—

(a) the scheme is a personal pension scheme,

(b) direct payment arrangements exist, or have at any time existed, in relation to the scheme, and

(c) contributions have been paid under the arrangements in respect of, or on behalf of, two or more employees.

(6) In subsection (5) “direct payment arrangements” means direct payment arrangements within the meaning of section 111A of the Pension Schemes Act 1993 or section 107A of the Pension Schemes (Northern Ireland) Act 1993.]

Textual Amendments

F1 Pt. 7A inserted (29.4.2026 for specified purposes) by Pension Schemes Act 2026 (c. 22), ss. 49(2), 133(1)(4)(e)