PART 9A

Rules and Guidance
CHAPTER 1

Rule-making powers

General rule-making powers of the FCA and the PRA

FCA general rules: disclosure of information about pension scheme transaction costs etc
137FA
1
The FCA must make general rules requiring information about some or all of the transaction costs of a relevant scheme to be given to some or all of the persons mentioned in subsection (2).
2
Those persons are—
a
members of the scheme,
b
spouses or civil partners of members, and
c
persons within the application of the scheme and qualifying or prospectively qualifying for its benefits.
3
The FCA must make general rules requiring the publication of information about—
a
some or all of the transaction costs of a relevant scheme, and
b
some or all of the
other
administration charges imposed on members of a relevant scheme.
4
Rules made by virtue of subsection (3) may require other relevant information to be published along with information about transaction costs or
other
administration charges in relation to a scheme.
5
“
Other relevant information
” means other information which would or may assist in making comparisons between those costs or charges and costs or charges in relation to other schemes.
6
Before the FCA publishes a draft of any rules to be made by virtue of this section, it must consult—
a
the Secretary of State, and
b
the Treasury.
7
In determining what provision to include in the rules, the FCA must have regard to any regulations about the disclosure or publication of transaction costs or
other
administration charges that are for the time being in force under section 113 of the Pension Schemes Act 1993.
8
In this section—
- “
administration charge
” has the meaning given by paragraph 1(5) of Schedule 18 to the Pensions Act 2014;
- “
money purchase scheme
” has the meaning given by section 181(1) of the Pension Schemes Act 1993;
- “
personal pension scheme
” has the meaning given by section 1 of the Pension Schemes Act 1993;
- “
relevant scheme
” means a money purchase scheme that is—
  1. a personal pension scheme where direct payment arrangements (within the meaning of section 111A of the Pension Schemes Act 1993) exist in respect of one or more members of the scheme who are workers, or
  2. a personal pension scheme which is or has been registered under section 2 of the Welfare Reform and Pensions Act 1999 (stakeholder pension schemes);
- “
worker
” means a person—
  1. who is a worker for the purposes of Part 1 of the Pensions Act 2008, or
  2. to whom a provision of Part 1 of that Act applies as if the person were a worker because of a provision of Chapter 8 of that Part;
but for the purposes of paragraph (b), ignore section 92 of that Act.
Word in s. 137FA(4) inserted (1.10.2021) by Pension Schemes Act 2021 (c. 1), ss. 127(4)(b), 131(1); S.I. 2021/950, reg. 2(3)(j)
Pt. 9A applied (1.7.2021) by Regulation (EU) No. 600/2014, Art. 49A(12) (as inserted by Financial Services Act 2021 (c. 22), s. 49(5), Sch. 10 para. 9; S.I. 2021/739, reg. 3(o))
Word in s. 137FA(7) inserted (1.10.2021) by Pension Schemes Act 2021 (c. 1), ss. 127(4)(c), 131(1); S.I. 2021/950, reg. 2(3)(j)
Pt. 9A applied (31.12.2020) by The Solvency 2 and Insurance (Amendment, etc.) (EU Exit) Regulations 2019 (S.I. 2019/407), regs. 1(2), 4, Sch. 3 (as amended by S.I. 2020/1301, regs. 1, 3, Sch. para. 27(a) and S.I. 2020/1385, regs. 1(2), 54(2))
S. 137FA inserted (18.9.2017) by Pensions Act 2014 (c. 19), ss. 44(2), 56(1); S.I. 2017/916, reg. 2(1) (with reg. 2(2))
Word in s. 137FA(3)(b) inserted (1.10.2021) by Pension Schemes Act 2021 (c. 1), ss. 127(4)(a), 131(1); S.I. 2021/950, reg. 2(3)(j)
Pt. 9A applied (with modifications) (31.12.2020) by The Over the Counter Derivatives, Central Counterparties and Trade Repositories (Amendment, etc., and Transitional Provision) (EU Exit) Regulations 2019 (S.I. 2019/335), regs. 1(1), 74 (as amended by S.I. 2020/1385, regs. 1(4), 52(7)) (with savings in S.I. 2019/680, reg. 11); 2020 c. 1, Sch. 5 para. 1(1)
Pt. 9A applied (with modifications) (31.12.2020) by The Transparency of Securities Financing Transactions and of Reuse (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/542), regs. 1, 35 (as amended by S.I. 2020/1385, regs. 1(4), 56(7)) (with savings in S.I. 2019/680, reg. 11); 2020 c. 1, Sch. 5 para. 1(1)
Pt. 9A substituted for ss. 138-164 (24.1.2013 for specified purposes, 1.4.2013 in so far as not already in force) by Financial Services Act 2012 (c. 21), ss. 24(1), 122(3) (with Sch. 20); S.I. 2013/113, art. 2(1)(c), Sch. Pt. 3; S.I. 2013/423, art. 3, Sch.