The Occupational and Personal Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 2006

Excluded employers: occupational pension schemes E+W+S

4.—(1) This regulation excludes—

(a) any employer in relation to a public service pension scheme;

(b) any employer in relation to a small occupational pension scheme;

(c) any employer in relation to an occupational pension scheme with fewer than two members;

(d) any employer in relation to an occupational pension scheme which is an employer-financed retirement benefits scheme;

(e) any employer in relation to an unregistered occupational pension scheme which has its main administration outside the [F1 United Kingdom]; and

F2 ( f ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3 ( 2 ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4 ( 3 ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) In this regulation—

“employer-financed retirement benefits scheme” has the meaning given by section 393A of the Income Tax (Earnings and Pensions) Act 2003 M1 (employer-financed retirement benefits scheme);

“public service pension scheme” has the meaning given by section 1(1) of the Pension Schemes Act 1993 M2 ;

“small occupational pension scheme” means—

(a)

a scheme with fewer than twelve members where all of the members are trustees of the scheme and either—

(i)

the provisions of the scheme provide that [F5 any decision made by the trustees is made by the unanimous agreement of] the trustees who are members of the scheme, or

(ii)

the scheme has a trustee who is independent in relation to the scheme for the purposes of section 23 of the Pensions Act 1995 M3 (power to appoint independent trustees) and is registered in the register maintained by the Regulator in accordance with regulations made under subsection (4) of that section;

(b)

a scheme with fewer than twelve members [F6 where a company is the sole trustee] of the scheme, and all the members of the scheme are directors of the company and either—

(i)

the provisions of the scheme provide that any decision made by the company in its capacity as trustee [F7 is made by the unanimous agreement of the directors] who are members of the scheme, or

(ii)

[F8 one of the directors of the company] is independent in relation to the scheme for the purposes of section 23 of the Pensions Act 1995 and is registered in the register maintained by the Regulator in accordance with regulations made under subsection (4) of that section; and

“unregistered occupational pension scheme” means an occupational pension scheme which is not registered under section 153 of the Finance Act 2004 M4 (registration of pension schemes).

Textual Amendments

F1 Words in reg. 4(1)(e) substituted (31.12.2020) by The Occupational and Personal Pension Schemes (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/192), regs. 1, 31(2); 2020 c. 1, Sch. 5 para. 1(1)

F2 Reg. 4(1)(f) omitted (6.4.2006) by virtue of The Occupational and Personal Pension Schemes (Miscellaneous Amendments) Regulations 2006 (S.I. 2006/778), regs. 1(1)(b), 10(3)

F3 Reg. 4(2) omitted (6.4.2006) by virtue of The Occupational and Personal Pension Schemes (Miscellaneous Amendments) Regulations 2006 (S.I. 2006/778), regs. 1(1)(b), 10(3)

F4 Reg. 4(3) omitted (6.4.2006) by virtue of The Occupational and Personal Pension Schemes (Miscellaneous Amendments) Regulations 2006 (S.I. 2006/778), regs. 1(1)(b), 10(3)

F5 Words in reg. 4(4)(a)(i) substituted (6.4.2007) by Occupational and Personal Pension Schemes (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/814), regs. 1, 19(2)(a)

F6 Words in reg. 4(4)(b) substituted (6.4.2007) by Occupational and Personal Pension Schemes (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/814), regs. 1, 19(2)(b)(i)

F7 Words in reg. 4(4)(b)(i) substituted (6.4.2007) by Occupational and Personal Pension Schemes (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/814), regs. 1, 19(2)(b)(ii)

F8 Words in reg. 4(4)(b)(ii) substituted (6.4.2007) by Occupational and Personal Pension Schemes (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/814), regs. 1, 19(2)(b)(iii)

Marginal Citations

M1 2003 c. 1. Section 393A was inserted by section 249 of the Finance Act 2004 (c. 12).

M2 1993 c. 48. The definition was amended by S.I. 1999/1820. Section 1 is amended by section 239 of the Pensions Act 2004.

M3 1995 c. 26. Section 23 was substituted by section 36(3) of the Pensions Act 2004.

M4 2004 c. 12. Section 153 was amended by paragraphs 2 and 3 of Schedule 10 to the Finance Act 2005 (c. 7).