The Register of Occupational and Personal Pension Schemes Regulations 1990

These Regulations may be cited as the Register of Occupational and Personal Pension Schemes Regulations 1990.

Regulations 2, 3 and 6, and this regulation in so far as it applies to those regulations, extend to Northern Ireland.

These Regulations, except for regulation 6, shall come into force on 1st January 1991, and regulation 6 shall come into force on 1st April 1991.

In these Regulations —

• “active member” means —

  1. a

     a member of a registrable scheme by or in respect of whom contributions are payable to the scheme; or

  2. b

     in the case of a registrable scheme which is an occupational pension scheme, a member whose employment in the United Kingdom qualifies him for benefits under the scheme (whether or not contributions are currently payable to the scheme by or in respect of him) other than only benefits payable on his death while in that employment;

• “address of the scheme” means the place in the United Kingdom, or if more than one, the principal place, at which the management of the scheme is conducted;

• “closed scheme” means a registrable scheme to which no new members may be admitted, but to which contributions are payable by or in respect of, and benefits accrue to, existing members;

• “employment in the United Kingdom” means —

  1. a

     the employment of members in the United Kingdom; or

  2. b

     the employment of members elsewhere in circumstances where —

     1. i

        they are liable to make primary Class 1 contributions within the meaning of section 1(2) of the Social Security Act 1975 or section 1(2) of the Social Security (Northern Ireland) Act 19755 (outline of contributory system); or

     2. ii

        would be so liable but for the fact that their income falls below the lower earnings limit within the meaning of section 4 of the Social Security Act 1975 or, as the case may be, section 4 of the Social Security (Northern Ireland) Act 1975 (incidence of Class 1 contributions);

• “insured scheme” means a registrable scheme the benefits of which are secured by one or more policies of insurance or annuity contracts and which is managed by the insurance company which issued the policy or contract;

• “open scheme” means a registrable scheme which has active members and to which new members may be admitted;

• “paid up or frozen scheme” means a registrable scheme under which benefits continue to be payable to existing members and to which —

  1. a

     no new members may be admitted;

  2. b

     no further contributions are payable by or in respect of existing members; and

  3. c

     no further benefits accrue to existing members although benefits which have already accrued to them may be increased;

• “personal pension scheme” includes a self-employed pension arrangement within the meaning of regulation 2D(3) of the Occupational Pension Schemes (Transfer Values) Regulations 19856 or regulation 2D(3) of the Occupational Pension Schemes (Transfer Values) Regulations (Northern Ireland) 19857;

• “register” means the register of occupational and personal pension schemes compiled and maintained under regulation 3;

• “registrable scheme” means an occupational or personal pension scheme —

  1. a

     which either —

     1. i

        is established in the United Kingdom; or

     2. ii

        has a place at which its management is conducted in the United Kingdom and has a representative appointed to carry out the functions of a trustee or manager in the United Kingdom;

  2. b

     which either —

     1. i

        is a scheme in respect of which a person has applied for, or received, the approval of the Board of Inland Revenue for the purposes of section 590 or section 591 (other than subsection (2)(g)) of the Income and Corporation Taxes Act 19888 (conditions for approval of retirement benefit schemes and discretionary approval), or for the purposes of Chapter IV of Part XIV of that Act (personal pension schemes); or

     2. ii

        is a scheme which is a public service pension scheme; and

  3. c

     is not a scheme which —

     1. i

        has less than 2 active members; or

     2. ii

        only provides benefits on the death of a member while in employment;

• “registrar” means the registrar of occupational and personal pension schemes appointed under regulation 2;

• “scheme administrator” means the person in the United Kingdom having the management of the scheme;

• “self-administered scheme” means a registrable scheme which is an occupational pension scheme and which is not an insured scheme;

• “the Act” means the Social Security Pensions Act 1975; and

• “trustees”, in the case of a scheme which is not set up under a trust or which is established outside the United Kingdom, means the person who is treated as the administrator of the scheme for the purposes of Chapter I or Chapter IV of Part XIV of the Income and Corporation Taxes Act 1988.

There shall be a registrar of occupational and personal pension schemes.

The Occupational Pensions Board established by section 66 of the Social Security Act 19739 shall be the registrar.

The registrar may appoint an agent to perform any function of the registrar.

The registrar shall compile and maintain a register of every registrable scheme.

Subject to paragraph (3), it is the duty of the trustees of a registrable scheme to provide the registrar with the information specified in regulation 3(2) and, upon written notice from the registrar to the trustees, with such other information incidental to that so specified as the registrar may reasonably require for the purposes of the register.

Where the registrar has received all, or a part of, the information required by paragraph (l) and the corresponding Northern Ireland legislation above from the trustees of a registrable scheme, the registrar shall make an entry relating to that scheme in the register.

The trustees of a registrable scheme shall be entitled, on the first written request by them in any period of 12 months, to a copy of an extract from the register relating to that scheme.

A person or body may inspect the register and make copies of it or of extracts from it, if the registrar is satisfied that the person or body is bona fide engaged in research connected with occupational or personal pension schemes and that such inspection or copying will not unduly interfere with the performance of the functions of the registry.

There shall be payable in connection with any inspection or copying of the register under paragraph (3) above a fee to defray the cost of making provision for that inspection or copying and any facilities or services provided in connection with it.

For an offence under this regulation a person is liable on summary conviction to a fine not exceeding level 3 on the standard scale.