Pensions dashboards

Qualifying pensions dashboard service

215A

1

A pensions dashboard service is an electronic communications service by means of which information about pensions may be requested by, and provided to, an individual or a person authorised by the individual.

2

“Qualifying pensions dashboard service” means a pensions dashboard service in relation to which prescribed requirements are satisfied.

3

Requirements prescribed under paragraph (2) may, in particular, relate to—

a

what relevant and other information is to be provided, how it is to be provided and the circumstances in which it is to be provided;

b

how the pensions dashboard service is to be established, maintained and operated.

4

In paragraph (3)(a) “relevant information” means—

a

information of a prescribed description about—

i

state pensions;

ii

basic or additional retirement pensions;

b

state pension information relating to the individual in question of such description as may be prescribed;

c

information of a prescribed description about occupational or personal pension schemes or a prescribed description of occupational or personal pension schemes;

d

information relating to the individual in question and particular occupational or personal pension schemes of such description as may be prescribed.

5

Requirements prescribed under paragraph (2) may, in particular—

a

require the pensions dashboard service to comply with standards, specifications or technical requirements published from time to time by—

i

the Department,

ii

the Money and Pensions Service, or

iii

a person specified or of a description specified in the regulations;

b

require the provider of the pensions dashboard service to satisfy prescribed conditions;

c

require the provider of the pensions dashboard service to be a person approved from time to time by—

i

the Department,

ii

the Money and Pensions Service, or

iii

a person specified or of a description specified in the regulations;

d

require the provider of the pensions dashboard service to provide, or not to provide, information, facilities or services specified or of a description specified in connection with the pensions dashboard service.

6

Requirements prescribed under paragraph (2) may include provision under which a determination may fall to be made by—

a

the Department,

b

the Money and Pensions Service, or

c

a person specified or of a description specified in the regulations.

Qualifying pension dashboard service: further provision

215B

1

Requirements prescribed under Article 215A(2) may make provision about—

a

dealing with requests for information about pensions, including provision about the use of intermediaries;

b

the involvement of the provider of a pensions dashboard service in the arrangements for dealing with requests for information about pensions.

2

Provision made by virtue of paragraph (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 regulations;

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 paragraph (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 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

Regulations under paragraph (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 Department,

ii

the Money and Pensions Service, or

iii

a person specified or of a description specified in the regulations;

b

the provider of the facility or service being a person approved from time to time by—

i

the Department,

ii

the Money and Pensions Service, or

iii

a person specified or of a description specified in the regulations.

5

Regulations under paragraph (2)(d) may, in particular, require the provider of the pensions dashboard service—

a

to cooperate with the Money and Pensions Service or a person specified or of a description specified in the regulations;

b

to coordinate activities with the Money and Pensions Service or a person specified or of a description specified in the regulations;

c

to enable the Money and Pensions Service or a person specified or of a description specified in the regulations to monitor or audit compliance by the provider.

6

Except as provided by paragraph (7), regulations under Article 215A(2) may provide for the processing of personal data in accordance with the regulations 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

Regulations under Article 215A(2) 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 regulations in question).

Articles 215A and 215B: interpretation

215C

1

This Article applies for the purposes of Articles 215A and 215B.

2

A reference to state pension information, in relation to an individual, is a reference to the information about that individual specified in—

a

section 38(7) of the 2000 Act, or

b

section 42(7) of the Child Support, Pensions and Social Security Act 2000.

3

A reference to the Money and Pensions Service includes a reference to a person with whom arrangements are made under section 5(1), (2) or (3) of the Financial Guidance and Claims Act 2018.

4

In Articles 215A and 215B—

• “additional retirement pension” means—

  1. a

     any additional pension or shared additional pension under—

     1. i

        the Contributions and Benefits Act, or

     2. ii

        the Social Security Contributions and Benefits Act 1992, or

  2. b

     any graduated retirement benefit under—

     1. i

        sections 35 and 36 of the National Insurance Act (Northern Ireland) 1966, or

     2. ii

        sections 36 and 37 of the National Insurance Act 1965;

• “basic retirement pension” means any basic pension under—

  1. a

     the Contributions and Benefits Act, or

  2. b

     the Social Security Contributions and Benefits Act 1992;

• “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act);

• “electronic communications service” has the meaning given by section 32 of the Communications Act 2003;

• “personal data” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act);

• “state pension” means any state pension under—

  1. a

     Part 1 of the Pensions Act (Northern Ireland) 2015, or

  2. b

     Part 1 of the Pensions Act 2014.