SCHEDULES
C2C3SCHEDULE 36Pension schemes etc: transitional provisions and savings
Sch. 36 applied (1.6.2018) by The Local Government Pension Scheme (Scotland) Regulations 2018 (S.S.I. 2018/141), regs. 1(1), 48(2)
Part 1Pre-commencement pension schemes
Deemed registration of existing schemes
1
C11
Any pension scheme which, immediately before 6th April 2006, is—
a
a retirement benefits scheme approved for the purposes of Chapter 1 of Part 14 of ICTA,
b
a former approved superannuation fund (see sub-paragraph (3)),
c
a relevant statutory scheme, as defined in section 611A of ICTA, or a pension scheme treated by the Inland Revenue on that date as if it were such a relevant statutory scheme,
d
an annuity contract by means of which benefits provided under a pension scheme within paragraph (a), (b) or (c) have been secured but which does not provide for the immediate payment of benefits,
e
a scheme or fund mentioned in section 613(4)(b) to (d) of ICTA (Parliamentary pension schemes or funds),
f
an annuity contract or trust scheme approved under section 620 or 621 of ICTA or a substituted contract within the meaning of section 622(3) of ICTA, or
g
a personal pension scheme approved under Chapter 4 of Part 14 of ICTA,
is to be treated as becoming a registered pension scheme on that date.
2
Where immediately before 6th April 2006 a retirement benefits scheme is, in accordance with section 611 of ICTA, treated as two or more separate schemes, the reference in sub-paragraph (1)(a) to an approved retirement benefits scheme is to such of the separate schemes as are approved (and not to the whole retirement benefits scheme).
3
For the purposes of sub-paragraph (1)(b) any fund which immediately before 6th April 1980 was an approved superannuation fund for the purposes of section 208 of ICTA 1970 is a former approved superannuation fund unless since 5th April 1980—
a
the fund has been approved for the purposes of Chapter 1 of Part 14 of ICTA (retirement benefits schemes), or
b
any sum has been paid under the fund by way of contribution.
4
Sub-paragraph (1)(a) or (g) applies in relation to a pension scheme approved (for the purposes of Chapter 1, or under Chapter 4, of Part 14 of ICTA) on or after 6th April 2006 if the approval has effect for a period ending with 5th April 2006.
F14A
This Part of this Act applies in relation to a pension scheme that—
a
is a registered pension scheme by virtue of sub-paragraph (1)(a), and
b
is neither a public service pension scheme nor an occupational pension scheme,
as it applies in relation to an occupational pension scheme.
5
This paragraph is subject to paragraph 2 (opt-out).
Sch. 36 modified by The Taxation of Pension Schemes (Transitional Provisions) Order 2006 (S.I. 2006/572), art. 23D (as inserted (1.6.2009) by S.I. 2009/1172, arts. 1, 3)