http://www.legislation.gov.uk/uksi/1996/1216/contents/made

The Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations 1996

Occupational pensions

King's Printer of Acts of Parliament

2018-03-27

PENSIONS

These Regulations concern the selection and appointment of member-nominated trustees and directors under sections 16 to 21 of the Pensions Act 1995 (c. 26) (“the Act”) and are made before the expiry of the period of six months beginning with the coming into force of the provisions of Part I of the Act by virtue of which they are made. They are accordingly exempt from the requirement in section 120 of the Act for the Secretary of State to consult such persons as he considers appropriate.

The Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations 1996

reg.2 (defns. of alternative arrangements and opt- out failure date)

The Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations 1996

reg.19

Sch.3

para 2(a)

The Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations 1996

reg.9

The Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations 1996

reg.19

Sch.3

para.2(a)

The Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations 1996

reg.9(1)(a)

The Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations 1996

reg.19

Sch.3

para 2(3)(a)(i)

The Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations 1996

reg.9(1)(b)(ii)

The Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations 1996

reg.19

Sch.3

para.2(3)(a)(ii)

The Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations 1996

reg.9(2)(a)(i)

reg.9(2)(a)(ii)(b)

(i)

The Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations 1996

reg.19

Sch.3

para.2(3)(b)(i)

(ii)

The Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations 1996

reg.9(2)(c)(i)

The Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations 1996

reg.19Sch.3 para.2(3)(b)(i m

The Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations 1996

reg.9(3)

The Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations 1996

reg.19

Sch.3

para.2(3)(c)

The Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations 1996

reg.10(2)(b)(i)

The Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations 1996

reg.19

Sch.3

para.2(4)

The Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations 1996

reg.10(2)(b)(i)

The Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations 1996

reg.19

Sch. 3

para.2(a)

The Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations 1996

reg.13(2)(d)

The Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations 1996

reg.19

Sch.3

para.2(a)

The Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations 1996

reg.15

The Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations 1996

reg.19

Sch.3

para.2(a)

The Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations 1996

reg.15(1)(a)

The Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations 1996

reg.19

Sch.3

para.3(3)(a)(i)

The Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations 1996

reg.15(1)(b)(ii)

The Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations 1996

reg.19Sch.3 para.3(3)(a)(i 0

The Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations 1996

reg.15(2)(c)(i)

The Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations 1996

reg.19Sch.3 para.3(3)(b)(i ii)

The Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations 1996

reg.15(3)

The Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations 1996

reg.19

Sch.3

para.3(3)(c)

The Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations 1996

reg.16(2)(b)(i)

The Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations 1996

reg.19

Sch.3

para.3(4)

The Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations 1996

reg.20(1)

The Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations 1996

reg.19

Sch.3

para 2(a)

The Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations 1996

reg.20(1)(d)

The Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations 1996

reg.19

Sch.3

para.2(5)(a)

(b)

The Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations 1996

reg.20(1)(f)

The Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations 1996

reg.19

Sch.3

para.3(5)(a)

The Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations 1996

reg.20(1)(h)(ii)

The Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations 1996

reg.19

Sch.3

para.3(5)(b)

The Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations 1996

reg.20(3)

The Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations 1996

reg.19

Sch.3

para.2(5)(c)

The Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations 1996

reg.20(3)

The Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations 1996

reg.19

Sch.3

para.2(a)

The Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations 1996

reg.20(3)

The Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations 1996

reg.19

Sch.3

para.3(5)(c)

The Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations 1996

reg.20(4)

The Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations 1996

reg.19

Sch.3

para.2(a)

The Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations 1996

reg.20(4)(a)

The Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations 1996

reg.19

Sch.3

para.2(5)(d)

The Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations 1996

reg.20(5)

The Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations 1996

reg.19

Sch.3

para.2(a)

The Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations 1996

reg.20(5)(a)

The Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations 1996

reg.19

Sch.3

para.3(5)(d)

The Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations 1996

reg.22(3)

The Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations 1996

reg.19

Sch.3

para.2(a)

The Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations 1996

reg.23(3)

The Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations 1996

reg.19

Sch.3

para.2(6)

The Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations 1996

reg.l3(2)(d)

The Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations 1996

reg.19

Sch.3

para.3(2)

The Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations 1996

reg.l5(2)(a)(i)

reg.l5(2)(a)(ii)(b)

(i)

The Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations 1996

reg.19

Sch .3

para.3(3)(b)(i)

(ii)

The Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations 1996

Sch.1

para.9(3)

The Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations 1996

reg.19

Sch.3

para.2(a)

The Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations 1996

Sch.2

para.1(3)(a)

The Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations 1996

reg.19

Sch.3

para.2(b)(i)

The Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations 1996

Sch.2

para.1(3)(b)

The Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations 1996

reg.19

Sch.3

para.2(b)(ii)

The Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations 1996

Sch.4

para.3(1)

(5)

The Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations 1996

reg.19

Sch.3

para.2(7)(a)

The Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations 1996

Sch.4

para.3(5)(e)

The Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations 1996

reg.19

Sch.3

para.2(7)(b)

The Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations 1996

Sch.4

paras.4(1)

The Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations 1996

reg.19

Sch.3

para 3(7)(a)

The Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations 1996

Sch.4

para.6(c)

The Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations 1996

reg.19

Sch.3

para.3(7)(b)

The Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations 1996

Sch.4

The Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations 1996

reg.19

Sch.3

para.2(a)

The Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations 1996

reg.20(1)(g)( ii)

The Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations 1996

reg.19

Sch.3

para.2(5)(a)

(b)

The Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations 1996

reg.16(2)(b)( i)

The Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations 1996

reg.19

Sch.3

para.2(a)

The Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations 1996

PART IGENERAL PROVISIONS

Preliminary

1Citation and commencement

2General interpretation

3Scheme membership

Application of sections 16 and 18

4Exceptions from member-nominated trustee requirements

5Extension of section 18

6Exceptions from member-nominated director requirements

PART IIMEMBER-NOMINATED TRUSTEES

Section 16 arrangements and rules

7Implementation of requirements as to member-nominated trustees: general

8Appropriate rules as to the selection and eligibility of member-nominated trustees

Proposals by employers for alternative arrangements

9Proposals by the employer for alternative arrangements under section 17

10Time limits for making alternative arrangements under section 17

Power of trustees to modify schemes by resolution

11Modification of schemes affected by requirements

Cessation of application of requirements

12Cessation of application of requirements

PART IIIMEMBER-NOMINATED DIRECTORS

Section 18 arrangements and rules

13Implementation of requirements as to member-nominated directors: general

14Appropriate rules as to the selection and eligibility of member-nominated directors

Proposals by employers for alternative arrangements

15Proposals by the employer for alternative arrangements under section 19

16Time limits for making alternative arrangements under section 19

Cessation of application of requirements

17Cessation of application of requirements

Aggregation of schemes

18Aggregation of linked schemes

PART IVGENERAL AND SUPPLEMENTARY PROVISIONS

Modifications for special cases

19Modifications

General provisions about rules and arrangements

20Cessation of approval of appropriate rules and alternative arrangements

21Appropriate rules in cases where insufficient nominations are received

Miscellaneous and supplementary

22Records

23Notices

24Transitional provisions

SCHEDULE 1THE STATUTORY CONSULTATION PROCEDURE

“The proposer”

1In this Schedule— “the proposer” has the meaning given in...

Notice to be given by the proposer

2The proposer must give each of the eligible members notice...

The appropriate general statement

3(1) The notice must contain the appropriate general statement.

Notices concerning appropriate rules: requirement for general information about arrangements

4(1) A notice in respect of proposals for appropriate rules...

Particulars of rules or arrangements proposed

5(1) The notice must specify the appropriate rules or, as...

Statement as to approval procedure

6(1) The notice must state that the proposed appropriate rules...

7In a case where the trustees have made a determination...

Approval in absence of objections

8(1) If the notice contains the statement mentioned in paragraph...

Approval by ballot

9(1) This paragraph applies if— (a) the notice specifies that...

Immaterial omissions etc.

10(1) This paragraph applies where— (a) the proposer of appropriate...

SCHEDULE 2THE PRESCRIBED APPROPRIATE RULES

PART IMEMBER-NOMINATED TRUSTEES

Eligibility and procedure for nomination

1(1) The trustees of the scheme shall invite nominations to...

Selection of nominees

2(1) If the number of persons duly nominated to fill...

PART IIMEMBER-NOMINATED DIRECTORS

3The prescribed rules for the purposes of section 20(1)(b) in...

SCHEDULE 3MODIFICATIONS OF PENSIONS ACT 1995 AND THESE REGULATIONS

Multi-employer schemes

1(1) In their application to any scheme which applies to...

Cases where the employer is sole trustee

2(1) Where a person who is not a company to...

Cases where a section 18 company is the employer

3(1) Where a company to which section 18 applies is...

Schemes with few or no active members

4(1) Subject to sub-paragraph (2), in the application of sections...

Shorter periods of office: casual vacancies etc.

5(1) Section 16 has effect with the substitution for subsection...

Schemes requiring amendment: disapplication of s.591B of the Taxes Act

6In its application to a scheme which requires to be...

Removal of member-nominated directors

7In its application to a company which is not a...

Companies which are trustees of relevant and other schemes

8In its application to a company which is the trustee...

SCHEDULE 4

TRANSITIONAL PROVISIONS

Preliminary

1In this Schedule— “the pre-commencement period” means the period beginning...

General disregard of action taken before commencement date

2Except as provided in this Schedule, anything done before the...

Waiver of employer’s rights under sections 17 and 19

3(1) If at any time during the pre-commencement period the...

4(1) If at any time during the pre-commencement period the...

Pre-commencement period proposals by the employer

5If during the pre-commencement period the employer gave notice in...

6If during the pre-commencement period the employer gave notice in...

Pre-commencement period action

7(1) Where such a notice as is mentioned in paragraph...

Scheme alterations, overriding provisions and records

8(1) Where such a notice as is mentioned in paragraph...

1996 No. 1216

PENSIONS

The Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations 1996

Made2nd May 1996

Laid before Parliament10th May 1996

Coming into force in accordance with regulation 1(2)1996

The Secretary of State for Social Security, in exercise of the powers conferred on him by sections 17(1)(c), (4)(b), 18(1), 19(1)(c), 19(4), 20(1)(b) and (4), 21(4)(a) and (b), (5), (6), (7) and (8)(b), 49(2)(b) and (3), 68(2)(e), 118(1)(a) and (b), 124(1), 125(3) and (4)(c) and 174(2) and (3) of the Pensions Act 19951 and of all other powers enabling him in that behalf, by this instrument, which is made before the end of the period of 6 months beginning with the coming into force of the provisions of Part I of that Act by virtue of which it is made2, hereby makes the following regulations:—