PART 9A

Rules and Guidance
CHAPTER 1

Rule-making powers

General rule-making powers of the FCA and the PRA

Pensions dashboards: further provision
137FAB
1
General rules made by virtue of section 137FAA(1) may make provision about—
a
how pensions information is to be provided, including provision about the use of intermediaries;
b
the involvement of specified authorised persons in the arrangements for dealing with requests for information about pensions.
2
The provision made by virtue of subsection (1) may, in particular, require—
a
the use of electronic communications;
b
the use of facilities or services specified or of a description specified in the rules;
c
the provision of assistance in connection with the establishment, maintenance or management of such facilities or services;
d
participation in, or compliance with, arrangements for establishing, maintaining or managing such facilities or services.
3
The facilities and services for which provision may be made by virtue of subsection (2)(b) may include facilities or services with functions relating to—
a
the transmission of information,
b
verifying the identity of a person,
c
identifying the occupational or personal pension scheme or schemes (as defined in section 1 of the Pension Schemes Act 1993 or the Pension Schemes (Northern Ireland) Act 1993) under which pensions are payable to or in respect of a particular individual,
d
authenticating information transmitted by means of electronic communications, or
e
ensuring the security of information transmitted by means of electronic communications.
4
Rules made by virtue of subsection (2)(b) may impose requirements as regards a facility or service, including requirements about—
a
compliance with standards, specifications or technical requirements published from time to time by—
i
the Secretary of State,
ii
the Money and Pensions Service, or
iii
a person specified or of a description specified in the rules;
b
the provider of the facility or service being a person approved from time to time by—
i
the Secretary of State,
ii
the Money and Pensions Service, or
iii
a person specified or of a description specified in the rules.
5
Rules made by virtue of subsection (2)(d) may, in particular, require specified authorised persons—
a
to cooperate with the Money and Pensions Service or a person specified or of a description specified in the rules;
b
to coordinate activities with the Money and Pensions Service or a person specified or of a description specified in the rules.
6
Except as provided by subsection (7), general rules made by virtue of section 137FAA(1) may provide for the processing of personal data in accordance with the rules not to be in breach of—
a
any obligation of confidence owed by the person processing the personal data, or
b
any other restriction on the processing of personal data (however imposed).
7
General rules made by virtue of section 137FAA(1) are not to be read as authorising or requiring such processing of personal data as would contravene the data protection legislation (but in determining whether particular processing of data would do so, take into account the power conferred or duty imposed by the provision of the rules in question).
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))
Ss. 137FAA-137FAC inserted (11.2.2021 for specified purposes, 14.10.2022 in so far as not already in force) by Pension Schemes Act 2021 (c. 1), ss. 121(2), 131(1)(3)(a); S.I. 2022/1044, reg. 2(c)
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))
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.