[F118.—(1) For the purposes of section 1(1)(b), it is a condition of a scheme being a stakeholder pension scheme that the trustees or manager of the scheme comply with the requirements set out in regulations 18A and 18B in addition to such requirements of regulations under section 113 of the 1993 Act (disclosure of information about schemes to members etc.) as are applicable to the scheme.
(2) For the purposes of these Regulations “statement year” means, in relation to a person, the period of 12 months beginning—
(a)in the case of a person who becomes a member after 6th April 2001, on a date chosen, in respect of that person, by the trustees or manager which falls—
(i)on or before the day on which that person becomes a member; but
(ii)no earlier than 6th April 2001; and
(b)in any other case, on 6th April 2001,
and, subject to paragraph (4), each subsequent period ending on and including the anniversary of the last day of the first statement year.
(3) The date to be chosen, in respect of a person, under paragraph (2)(a) must be chosen on or before the day on which that person becomes a member.
(4) For the purposes of paragraph (2), the trustees or manager may, in respect of any person, choose a new date for the ending of the statement year relating to that person if—
(a)the date chosen—
(i)is specified in writing; and
(ii)falls before the end of the statement year relating to that person during which the trustees or manager specify the new date; and
(b)no other date has been chosen in respect of that person by the trustees or manager under this paragraph during the previous period of 12 months.
(5) If a new date is chosen under paragraph (4), “statement year” means, in relation to the person in respect of whom the new date is chosen, the period of 12 months ending on and including that new date (except that, in relation to the first statement year relating to that person, “statement year” means, in relation to that person, the period beginning with the day which is, by virtue of paragraph (2)(b) or of a choice under paragraph (2)(a), the first day of that first statement year and ending on and including that new date) and each subsequent period ending on and including the anniversary of that new date.
(6) For the purposes of paragraphs (2)(a) and (4), different dates may be chosen in respect of different persons.
(7) For the purposes of this regulation, regulations 18A and 18B and Schedule 3, “member” does not include any member—
(a)whose present postal address and electronic address is not known to the trustees or manager; [F2and]
(b)in respect of whom the trustees or manager have sent correspondence to their last known—
(i)postal address and that correspondence has been returned, or
(ii)electronic address and the trustees or manager are satisfied that that correspondence has not been delivered; F3...
F4(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8) For the purposes of this regulation, regulations 18A and 18B and Schedule 3, “member” includes a dependant making income withdrawals from the scheme in accordance with paragraph 21 of Schedule 28 to the Finance Act 2004 (dependants’ income withdrawal).]
Textual Amendments
F1Regs. 18-18E substituted for reg. 18 (1.12.2010) by The Occupational, Personal and Stakeholder Pension Schemes (Disclosure of Information) (Amendment) Regulations 2010 (S.I. 2010/2659), regs. 1(2), 4(6)
F2Word in reg. 18(7)(a) inserted (6.4.2014) by The Occupational and Personal Pension Schemes (Disclosure of Information) Regulations 2013 (S.I. 2013/2734), reg. 1(1), Sch. 9 para. 9(3)(a)
F3Word in reg. 18(7) omitted (6.4.2014) by virtue of The Occupational and Personal Pension Schemes (Disclosure of Information) Regulations 2013 (S.I. 2013/2734), reg. 1(1), Sch. 9 para. 9(3)(b)