Schedules

Schedule 10Independent System Operator and Planner: pensions

I15Information and assistance

1

The Secretary of State may direct a person within sub-paragraph (3) to provide the Secretary of State with—

a

such specified pensions information, or

b

such specified assistance,

as the Secretary of State may reasonably require in preparation for or in connection with the exercise of a power conferred on the Secretary of State by this Schedule.

2

“Pensions information” means information that—

a

relates to pensions or other benefits under a qualifying pension scheme, or

b

relates to the administration of a qualifying pension scheme in respect of pensions or other benefits under the scheme.

3

The following persons are within this sub-paragraph—

a

the trustee of a qualifying pension scheme;

b

any person who exercises functions on behalf of a person within paragraph (a);

c

any person who is or has been an employer of a qualifying member of a qualifying pension scheme.

4

The power under sub-paragraph (1) ceases to be exercisable—

a

at the end of the period of 3 years beginning with the time from which the first designation under section 162(1) has effect, or

b

if at any time before the end of that period a transfer scheme is made under paragraph 1(1) of Schedule 9, at the end of the period of 3 years beginning with the date (or, if there is more than one, the first date) from which the transfer of property, rights or liabilities under the scheme takes effect.

5

A person to whom a direction is given under sub-paragraph (1) must, so far as reasonably practicable, provide the Secretary of State with the specified pensions information or assistance—

a

within the specified period, and

b

in the specified form and manner.

6

A direction under sub-paragraph (1) is enforceable by the Secretary of State in civil proceedings—

a

for an injunction,

b

for specific performance of a statutory duty under section 45 of the Court of Session Act 1988, or

c

for any other appropriate remedy or relief.

7

The Secretary of State must reimburse a person for costs reasonably incurred by the person in complying with a direction under sub-paragraph (1).

8

In this paragraph, “specified” means specified in the direction.