Pension Schemes Act 2021

33Notification of triggering eventsE+W+S

This section has no associated Explanatory Notes

(1)If a triggering event listed in the first column of the table in subsection (2) occurs in relation to a collective money purchase scheme, each person specified in relation to the event in the second column of that table must (subject to subsections (12) and (13)) notify the Pensions Regulator of the occurrence of the event.

(2)The table is—

Event	Specified person
Item 4 triggering event (an insolvency event occurs in relation to an employer or a relevant former employer)	The employer or relevant former employer.
	A trustee who is aware of the event.
[F1Item 4A triggering event (an insolvency event occurs in relation to the scheme proprietor)	The scheme proprietor.
	A trustee who is aware of the event.]
[F1Item 4B triggering event (a scheme proprietor becomes unlikely to continue as a going concern, where the scheme proprietor is a person or body of a kind that meets the requirements prescribed under section 129(1)(b) of the Pensions Act 2004)	The scheme proprietor.
	A trustee who is aware of the event.]
Item 5 triggering event (an employer or a relevant former employer becomes unlikely to continue as a going concern, where the employer or relevant former employer is a person or body of a kind that meets the requirements prescribed under section 129(1)(b) of the Pensions Act 2004)	The employer or relevant former employer.
	A trustee who is aware of the event.
Item 6 triggering event (a person decides that the scheme should be wound up)	The person who made the decision.
	A trustee who is aware of the event (if not the person who made the decision).
	[F2Where the scheme is a single or connected employer scheme,] an employer who is aware of the event (if not the person who made the decision).
	[F3Where the scheme is an unconnected multiple employer scheme, the scheme proprietor (if not the person who made the decision) if they are aware of the event.]
Item 7 triggering event (an event occurs that is required or permitted by the provisions of the scheme to result in the winding up of the scheme)	A trustee who is aware of the event.
	[F4Where the scheme is a single or connected employer scheme,] an employer who is aware of the event.
	[F5Where the scheme is an unconnected multiple employer scheme, the scheme proprietor if they are aware of the event.]
[F6Item 7A triggering event (scheme proprietor decides to end relationship or arrangement)	The scheme proprietor.
	A trustee who is aware of the event.]
[F6Item 7B triggering event (scheme proprietor ends relationship or arrangement)	The scheme proprietor.
	A trustee who is aware of the event.]
Item 8 triggering event (a person decides that the scheme should become a closed scheme)	The person who made the decision.
	A trustee who is aware of the event (if not the person who made the decision).
	[F7Where the scheme is a single or connected employer scheme,] an employer who is aware of the event (if not the person who made the decision).
	[F8Where the scheme is an unconnected multiple employer scheme, the scheme proprietor (if not the person who made the decision) if they are aware of the event.]
Item 9 triggering event (an event occurs that is required or permitted by the provisions of the scheme to result in the scheme becoming a closed scheme)	A trustee who is aware of the event.
	[F9Where the scheme is a single or connected employer scheme,] an employer who is aware of the event.
	[F10Where the scheme is an unconnected multiple employer scheme, the scheme proprietor if they are aware of the event.]
[F11Item 10 triggering event (trustees decide that it is necessary to pursue continuity option)	The trustees.
	The scheme proprietor if they are aware of the event.]

(3)If a triggering event occurs in relation to a [F12single or connected employer scheme], a trustee who is aware of the event must (subject to subsections (5), (6), (12) and (13)) give the required notification to each employer or relevant former employer.

[F13(3A)If a triggering event occurs in relation to an unconnected multiple employer scheme, a trustee who is aware of the event must (subject to subsections (5A), (6), (12) and (13)) give the required notification to each employer and the scheme proprietor.]

(4)In this section “the required notification”, in relation to a triggering event, means notification of—

(a)the occurrence of the event, and

(b)such other matters relating to the event as may be specified in regulations made by the Secretary of State.

(5)In the case of an item 4 or 5 triggering event, subsection (4)(a) does not apply as regards notification of the employer or relevant former employer in respect of whom the event occurs.

[F14(5A)In the case of an item 4A, 4B, 7A or 7B triggering event, subsection (4)(a) does not apply as regards notification of the scheme proprietor.]

(6)In the case of an item 6 or 8 triggering event, subsection (4)(a) does not apply as regards notification of the person who decided that the scheme—

(a)should be wound up, or

(b)(as the case may be) should become a closed scheme.

(7)If an item 4 or 5 triggering event occurs in relation to a [F15single or connected employer scheme], each employer or relevant former employer in respect of whom the event occurs must (subject to subsections (12) and (13)) give the required notification to the trustees.

[F16(7A)If an item 4A or 4B triggering event occurs in relation to an unconnected multiple employer scheme, the scheme proprietor must (subject to subsections (12) and (13)) give the required notification to the trustees.]

(8)If an item 6 or 8 triggering event occurs in relation to a collective money purchase scheme, the person who decided that the scheme—

(a)should be wound up, or

(b)(as the case may be) should become a closed scheme,

must (if that person is not the trustees, and subject to subsections (12) and (13)) give the required notification to the trustees.

(9)If an item 7 or 9 triggering event occurs in relation to a [F17single or connected employer scheme], each employer or relevant former employer who is aware of the event must (subject to subsections (12) and (13)) give the required notification to the trustees.

[F18(9A)If an item 7, 7A, 7B or 9 triggering event occurs in relation to an unconnected multiple employer scheme, the scheme proprietor, if they are aware of the event, must (subject to subsections (12) and (13)) give the required notification to the trustees.]

(10)A notification under this section must be given before the end of the period specified in regulations made by the Secretary of State.

(11)Except as provided by subsections (12) and (13), the disclosure of information under this section does not breach—

(a)any obligation of confidence owed by the person making the disclosure, or

(b)any other restriction on the disclosure of information (however imposed).

(12)This section does not require a disclosure of information if the disclosure would contravene the data protection legislation (but in determining whether a disclosure of information would do so, take into account the duty imposed by this section).

(13)A person is not required by this section to disclose anything in respect of which a claim to legal professional privilege (or, in Scotland, to confidentiality of communications) could be maintained in legal proceedings.

(14)Section 10 of the Pensions Act 1995 (civil penalties) applies to a person who fails to comply with a requirement imposed by this section.

(15)Regulations under this section are subject to negative resolution procedure.

Textual Amendments

F1Words in s. 33(2) table inserted (31.7.2026) by The Occupational Pension Schemes (Collective Money Purchase Schemes) (Extension to Unconnected Multiple Employer Schemes and Miscellaneous Provisions) Regulations 2025 (S.I. 2025/1313), regs. 1(3), 18(a)(i)

F2Words in s. 33(2) table inserted (31.7.2026) by The Occupational Pension Schemes (Collective Money Purchase Schemes) (Extension to Unconnected Multiple Employer Schemes and Miscellaneous Provisions) Regulations 2025 (S.I. 2025/1313), regs. 1(3), 18(a)(ii)(aa)

F3Words in s. 33(2) table inserted (31.7.2026) by The Occupational Pension Schemes (Collective Money Purchase Schemes) (Extension to Unconnected Multiple Employer Schemes and Miscellaneous Provisions) Regulations 2025 (S.I. 2025/1313), regs. 1(3), 18(a)(ii)(bb)

F4Words in s. 33(2) table inserted (31.7.2026) by The Occupational Pension Schemes (Collective Money Purchase Schemes) (Extension to Unconnected Multiple Employer Schemes and Miscellaneous Provisions) Regulations 2025 (S.I. 2025/1313), regs. 1(3), 18(a)(iii)(aa)

F5Words in s. 33(2) table inserted (31.7.2026) by The Occupational Pension Schemes (Collective Money Purchase Schemes) (Extension to Unconnected Multiple Employer Schemes and Miscellaneous Provisions) Regulations 2025 (S.I. 2025/1313), regs. 1(3), 18(a)(iii)(bb)

F6Words in s. 33(2) table inserted (31.7.2026) by The Occupational Pension Schemes (Collective Money Purchase Schemes) (Extension to Unconnected Multiple Employer Schemes and Miscellaneous Provisions) Regulations 2025 (S.I. 2025/1313), regs. 1(3), 18(a)(iv)

F7Words in s. 33(2) table inserted (31.7.2026) by The Occupational Pension Schemes (Collective Money Purchase Schemes) (Extension to Unconnected Multiple Employer Schemes and Miscellaneous Provisions) Regulations 2025 (S.I. 2025/1313), regs. 1(3), 18(a)(v)(aa)

F8Words in s. 33(2) table inserted (31.7.2026) by The Occupational Pension Schemes (Collective Money Purchase Schemes) (Extension to Unconnected Multiple Employer Schemes and Miscellaneous Provisions) Regulations 2025 (S.I. 2025/1313), regs. 1(3), 18(a)(v)(bb)

F9Words in s. 33(2) table inserted (31.7.2026) by The Occupational Pension Schemes (Collective Money Purchase Schemes) (Extension to Unconnected Multiple Employer Schemes and Miscellaneous Provisions) Regulations 2025 (S.I. 2025/1313), regs. 1(3), 18(a)(vi)(aa)