Part 4

Pension schemes etc
Chapter 2

Registration of pension schemes

Registration

Registration of pension schemes
153
1
An application may be made to the Inland Revenue for a pension scheme to be registered.
2
The application—
a
must contain any information which is reasonably required by the Inland Revenue in any form specified by the Board of Inland Revenue, and
b
must be accompanied by a declaration that the application is made by the scheme administrator (see section 270) and any other declarations by the scheme administrator which are reasonably required by the Inland Revenue.
3
The declarations which the Inland Revenue may require to accompany an application for the registration of a pension scheme include, in particular, a declaration that the instruments or agreements by which it is constituted do not entitle any person to unauthorised payments (see section 160(5)).
4
On receipt of an application for a pension scheme to be registered the Inland Revenue must decide whether or not to register the pension scheme.
5
The Inland Revenue’s decision must be to register the pension scheme unless it appears that—
a
any information contained in the application is incorrect, or
b
any declaration accompanying it is false.
6
The Inland Revenue must notify the scheme administrator of the decision on the application.
7
Unless the Inland Revenue’s decision is not to register the pension scheme, the notification must state the day on and after which the pension scheme will be a registered pension scheme.
8
An annuity contract—
a
by means of which benefits under a registered pension scheme have been secured, but
b
which does not provide for the immediate payment of benefits,
is to be treated as having become a registered pension scheme on the day on which it is made.
9
Schedule 36 contains (in Part 1) provisions treating certain pension schemes in existence immediately before 6th April 2006 as registered pension schemes (and related provisions).