UK Act of Parliament
2004
United Kingdom
Pensions Act 2004
At a glance
Enforced by
What's here
5 practical guides · 2 statutory instruments
Relevant guidance
Practical guides for businesses affected by this Act, ordered by how closely they engage with it.
What this Act requires
Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.
Schedules
Browse 372 other Schedules — structural / supplementary
(1) The members of the Regulator appointed by the Secretary...
(1) The Secretary of State may make available to the...
(1) On each occasion when the Regulator is required to...
(1) The members of the Determinations Panel are to be...
No person is to be prevented from being a member...
The Regulator may pay, or make provision for paying, the...
The Regulator may— (a) pay to or in respect of...
Where— (a) a member of the Panel ceases to be...
(1) The Regulator may establish committees for any purpose.
(1) The Regulator may determine— (a) its own procedure (including...
(1) The Secretary of State may make regulations—
Where a person ceases to be employed as Chief Executive,...
(1) The Regulator may authorise— (a) any executive member of...
(1) The Secretary of State may make regulations—
(1) The fixing of the common seal of the Regulator...
A document purporting to be duly executed under the seal...
The Secretary of State may pay the Regulator out of...
(1) The Secretary of State may make regulations authorising the...
(1) Section 175 of the Pension Schemes Act 1993 (c....
(1) The Regulator must— (a) keep proper accounts and proper...
(1) The Regulator may— (a) pay, or make provision for...
(1) The Regulator is not to be regarded—
No person is to be prevented from being a member...
The validity of any proceedings of the Regulator (including any...
Schedule 1 to the House of Commons Disqualification Act 1975...
Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975...
In Schedule 2 to the Parliamentary Commissioner Act 1967 (c....
(1) The persons to whom section 1 of the Superannuation...
(1) Neither the Regulator nor any person who is a...
The Regulator may pay, or make provision for paying, its...
The Regulator may— (a) pay to or in respect of...
Where— (a) a non-executive member ceases to be a member...
(1) The staff of the Regulator consists of—
(1) The Regulator is to employ a person as its...
(1) Other employees of the Regulator may be appointed by...
The power by direction under section 99(4) to grant an...
The power under section 9 to exercise by order the...
The power to require a person to pay a penalty...
The power to make an order under section 11 directing...
The power to give directions to trustees under section 15....
The duty under section 23(4), and regulations made thereunder, to...
The power under section 29(5) to give a notice waiving...
The power under section 30(2) to exercise by order the...
The power under section 58(7) to extend or further extend...
The power under section 60(7) to extend or further extend...
The power to make an order under section 67G(2) by...
The power to make an order under section 67H(2) prohibiting,...
The power to make an order under section 69 authorising...
The power to make an order under section 71A modifying...
The power by direction under section 101J(2) to extend the...
The power by direction under section 2(3)(b) to remove a...
The power to make or extend a restraining order under...
The power to make an order under section 20(10) permitting...
The power to make a repatriation order under section 21....
The power to make a freezing order under section 23....
The power to make an order under section 25(3) extending...
The power to make an order under section 26 validating...
The power to make an order under section 28 directing...
The power to make an order under section 30 giving...
The power to make an order under section 31(3) directing...
The power under regulations made by virtue of section 168(4)...
The power to issue a contribution notice under section 38....
The power to issue a direction under section 39A(6) to...
The power to issue a direction under section 41(4) to...
The power to issue a revised contribution notice under section...
The power to issue a financial support direction under section...
The power to issue a direction under section 43A(3) to...
The power to issue a contribution notice under section 47....
The power to issue a direction under section 50(4) to...
The power to issue a revised contribution notice under section...
The power to make a restoration order under section 52....
The power to issue a contribution notice under section 55....
The power to issue a notice under section 71 requiring...
A power under section 24H (compliance with conditions of conversion...
The power to make an order under section 3(1) prohibiting...
The power to make a direction under section 76(8) extending...
The power to make a direction under section 78(10) extending...
The power to require a person to pay a penalty...
The power to make an order under section 231 modifying...
The power to issue a ring-fencing notice under section 292....
The power to vary or revoke under section 101—
The power to withdraw authorisation of a Master Trust scheme...
The power to give a direction under section 28(4) (direction...
The power to make a pause order under section 31....
The power to make an order under paragraph 2(2) of...
The power to make an order under paragraph 3 of...
The power to make an order under paragraph 4(3) of...
Terms used in this Part have the same meaning as...
The power to give a direction under section 23(2) (direction...
The power to give a direction under section 29(6) (direction...
The power under section 30 to withdraw authorisation of a...
The power to give a direction under section 41(4) (direction...
The power to make a pause order under section 44....
The power to make an order under paragraph 2(2) of...
The power to make an order under paragraph 3 of...
The power to make an order under paragraph 4(3) of...
The power to make an order under regulation 19 of...
The power to make an order under section 3(3) revoking...
The power under section 3A(3) to give a notice waiving...
The power to make an order under section 4(1) suspending...
The power to make an order under section 4(2) extending...
The power to make an order under section 4(5) revoking...
The power to make an order appointing a trustee under...
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The chairman of the Board is to be appointed by...
In this Part “ordinary member” has the same meaning as...
(1) The staff of the Board consists of—
(1) The Board is to employ a person as its...
(1) Other employees of the Board may be appointed by...
(1) The Secretary of State may make available to the...
(1) The Board may establish committees for any purpose.
The Board may determine— (a) its own procedure (including quorum),...
(1) The Board may authorise— (a) any executive member of...
(1) The Board may make arrangements for any of its...
(1) Where the Board makes arrangements under paragraph 18(1) for...
(1) The appointments of the first five ordinary members are...
(1) The fixing of the common seal of the Board...
A document purporting to be duly executed under the seal...
(1) The Board must— (a) keep proper accounts and proper...
The Board may— (a) pay, or make provision for paying,...
(1) The Board is not to be regarded—
The validity of any proceedings of the Board (including any...
In Schedule 1 to the House of Commons Disqualification Act...
In Schedule 1 to the Northern Ireland Assembly Disqualification Act...
(1) The persons to whom section 1 of the Superannuation...
(1) Neither the Board nor any person who is a...
(1) The chairman and the ordinary members appointed by the...
(1) Subject to the following provisions, the chairman and any...
Where a person ceases to be employed as Chief Executive,...
No person is to be prevented from being a member...
The Board may pay, or make provision for paying, its...
The Board may— (a) pay to or in respect of...
Where— (a) a non-executive member ceases to be a member...
This Schedule applies where the property, rights and liabilities of...
(1) Subject to sub-paragraph (2), the property, rights and liabilities...
(1) Without prejudice to the generality of section 161 and...
The transfer is binding on all persons, even if, apart...
No person shall have any power, in consequence of the...
Any reference in any agreement, document or instrument of any...
(1) The Board must take all such steps as may...
This Schedule applies for the purposes of determining the compensation...
(1) Compensation is payable in accordance with this paragraph where...
(1) Compensation is payable in accordance with this paragraph where...
(1) This paragraph applies for the purposes of paragraph 11(4)(b)....
(1) This paragraph applies where the active member dies on...
(1) Compensation is payable in accordance with this paragraph where...
(1) Compensation is payable in accordance with this paragraph where,...
(1) This paragraph applies for the purposes of paragraph 15(4)(b)....
(1) This paragraph applies for the purposes of paragraph 15(4)(c)....
(1) This paragraph applies where— (a) the deferred member dies...
(1) Compensation is payable in accordance with this paragraph where,...
In this Schedule references to “the assessment date” are to...
(1) Compensation is payable in accordance with this paragraph where—...
(1) This paragraph applies to a person who—
(1) This paragraph applies to a person who—
(1) Compensation is payable in accordance with this paragraph where—...
(1) This paragraph applies where— (a) the assessment date falls...
(1) Regulations may provide for compensation to be payable, in...
(1) This paragraph applies if— (a) at any time during...
(1) In prescribed circumstances, a person entitled to periodic compensation...
(1) Regulations may prescribe circumstances in which, and conditions subject...
(1) Regulations may prescribe circumstances in which, and conditions subject...
(1) This paragraph applies to a person in relation to...
An application for a terminal illness lump sum—
(1) The Board must determine an application for a terminal...
(1) If the Board grants an application for a terminal...
(1) Relevant information held by the Secretary of State about...
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(1) This paragraph gives the meaning of “ the compensation...
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(1) This paragraph provides for the increases mentioned in sub-paragraph...
(1) The Board may determine what is to be the...
(1) Compensation is payable in accordance with this paragraph where,...
(1) The Secretary of State may, on the recommendation of...
(1) The powers conferred by this paragraph are exercisable in...
(1) This paragraph applies to a member of the scheme...
(1) Where the scheme is a prescribed scheme or a...
(1) In this Schedule “normal pension age”, in relation to...
(1) In this Schedule, in relation to the scheme, the...
(1) In this Schedule, in relation to a member’s entitlement...
(1) In this Schedule— “deferred member”, in relation to the...
(1) This paragraph applies where— (a) the pensioner dies on...
(1) Compensation is payable in accordance with this paragraph where...
(1) This paragraph applies where the postponed pensioner—
(1) Compensation is payable in accordance with this paragraph where...
(1) Compensation is payable in accordance with this paragraph where...
(1) This paragraph applies where the active member dies on...
The issue of a determination notice under section 123 approving...
The issue of, or failure to issue, a withdrawal notice...
The issue of, or failure to issue, a withdrawal notice...
The issue of, or failure to issue, a determination notice...
The issue of, or failure to issue, a determination notice...
Any direction given under section 154(7) (directions about winding up...
A notice under section 158(3A) (whether Board will make a...
The failure by the Board either to—
A determination by the Board under section 158(3)(a) (whether condition...
The failure by the Board to give a transfer notice...
Any determination by the Board of a person’s entitlement to...
Any step taken by the Board under section 163(4)(a) (adjustments...
Any determination by the Board , or the failure to...
Any determination by the Board of a person's entitlement to...
A determination by the Board that any right of a...
A determination by the Board that the implementation period for...
The recovery of a charge from a person under regulation...
Any determination by the Board, or the failure to make...
Any determination by the Board, or the failure to make...
Any direction given by the Board, or the failure to...
Any failure by the Board to make a payment required...
The making of a payment under section 166(2) (amount of...
Any determination made by the Board under regulation 16(2) or...
Any determination by the Board under section 181(3)(a) (the eligible...
The amount of the initial levy or any pension protection...
Any determination by the Board of an application for the...
Any determination by the Board under regulation 19A(7) or (8)...
The failure to issue a determination notice under section 123....
The making of a fraud compensation payment under section 182(1),...
The issue of, or failure to issue, a notice under...
Any settlement date determined by the Board under section 184(2)...
Any determination by the Board under section 184(4) (recovery of...
The making of a payment under section 186(1) (interim payments),...
Any term or condition imposed by the Board—
Any determination by the Board under section 186(3)(b) (interim payments)...
Any date determined by the Board under section 187(4) (earliest...
Any determination by the Board under section 187(6) (fraud compensation...
Any determination by the Board under section 189(7)(a) (occupational pension...
The issue of, or failure to issue, a notice under...
The amount of any fraud compensation levy payable in respect...
The issue of, or failure to issue, a validation notice...
The provision of information by the Board under—
The issue of, or failure to issue—
Any direction given under subsection (2) of section 134 (directions...
The issue of a notice under section 136(2) (power to...
The making of a loan under section 139(2) (loans to...
Any determination by the Board under section 141(2) (determination on...
A notice under section 143(2A) (whether Board will make a...
The failure by the Board either to—
A determination by the Board under section 143(2)(a) (whether condition...
The failure by the Board to obtain an actuarial valuation...
The approval of, or failure to approve, a valuation in...
(1) Section 3 of the Social Security Act 1998 (c....
(1) This paragraph applies to information which is held—
(1) Section 122D of the Social Security Administration Act 1992...
(1) This paragraph applies to information which is held—
In this Part of this Schedule “the principal Act” means...
(1) Paragraph 4 (increase of pension where pensioner’s deceased spouse...
(1) After paragraph 7 insert— Entitlement to lump sum where...
After paragraph 7B (inserted by paragraph 11 of this Schedule)...
For the heading immediately preceding paragraph 8 substitute “Married couples”....
In paragraph 8 (married couples)— (a) in sub-paragraph (3) for...
After Schedule 5 to the principal Act insert— SCHEDULE 5A...
The Social Security Contributions and Benefits Act 1992 is amended...
In section 62(1) (graduated retirement benefit)— (a) in paragraph (a),...
In section 122(1) (interpretation of Parts 1 to 6)—
In section 176 (parliamentary control of subordinate legislation) in subsection...
Schedule 5 to the principal Act (increase of pension where...
The Social Security Administration Act 1992 is amended as follows....
In section 150 (annual up-rating of benefits)—
In section 151 (up-rating—supplementary) in subsection (2)—
The Welfare Reform and Pensions Act 1999 is amended as...
In section 50, omit subsection (2) (which amends provisions relating...
In section 52(2) (power to make regulations preserving rights in...
In the case of a widower or surviving civil partner...
(1) The Secretary of State may by regulations make such...
For the heading, substitute “ PENSION INCREASE OR LUMP SUM...
Before paragraph 1 insert— Choice between increase of pension and...
For paragraph 1 (increase of pension where pensioner’s entitlement is...
(1) In paragraph 2 (calculation of increment), in sub-paragraph (5)(b),...
After paragraph 2 insert— (1) This paragraph applies where— (a) a person’s entitlement to...
(1) After paragraph 3 insert— Lump sum where pensioner’s entitlement...
After paragraph 3B (inserted by paragraph 8 of this Schedule)...
In Schedule 1 to the Public Records Act 1958 (definition...
In section 53 (supervision: former contracted-out schemes), after subsection (1B)...
(1) Section 56 (provision supplementary to provision relating to payment...
In section 61 (deduction of contributions equivalent premium from refund...
(1) Section 94 (right to cash equivalent) is amended as...
In section 99 (trustees' duties after exercise of option)—
In section 101J (time for compliance with transfer notice)—
In section 111A (monitoring of employers' payments to personal pension...
In section 113 (disclosure of information about schemes to members...
After that section insert— Disclosure of information about transfers etc...
In section 123 (interpretation of Chapter 2 of Part 7)...
(1) Schedule 1 to the Superannuation Act 1972 (kinds of...
In section 124 (duty of Secretary of State to pay...
In section 129(1) (overriding requirements),— (a) for “and IV” substitute...
In section 130(b) (extra-statutory benefits), for “or IV” substitute “...
In section 145 (the Pensions Ombudsman), after subsection (1) insert—...
In section 146 (functions of the Pensions Ombudsman)—
In section 149 (procedure on investigation by Pensions Ombudsman), in...
(1) Section 158A (other disclosures by the Secretary of State)...
In section 168(4) (penalties for contravention of regulations) after “the...
In section 175 (levies)— (a) for subsection (8) substitute—
In section 178 (power to make regulations as to the...
After section 25D of the Matrimonial Causes Act 1973 (pensions:...
(1) Section 179 (linked qualifying service) is amended as follows....
In section 181(1) (general interpretation), in the definition of “transfer...
In section 183(3) (sub-delegation), after “97(1)” insert “ , 101AF(1)...
In section 192(2) (provisions extending to Northern Ireland)—
The Pensions Act 1995 is amended as follows.
In section 4 (suspension orders), in subsections (3) and (5)...
In section 7 (appointment of trustees)— (a) in subsection (1)...
In section 9 (removal and appointment of trustees: property), after...
In section 10 (civil penalties), in subsection (5)(a) omit “as...
In section 15(4) (failure to comply with Authority’s direction) for...
(1) The Matrimonial and Family Proceedings Act 1984 is amended...
In section 22 (circumstances in which independent trustee provisions apply),...
In section 25 (appointment and powers of independent trustees: further...
In section 26 (insolvency practitioner or official receiver to give...
Sections 26A to 26C are hereby repealed.
In section 28 (consequences of prohibition on trustee being auditor...
In section 29 (persons disqualified for being trustees), in subsection...
In section 30 (persons disqualified: consequences)— (a) in subsection (2),...
Omit section 30A (accessibility of register of disqualified trustees).
In section 32 (decisions of trustees by a majority)—
In section 34 (powers of investment and delegation) in subsection...
(1) The Companies Act 1985 is amended as follows.
(1) Section 38 (power to defer winding up) is amended...
In section 40 (restriction on employer-related investments), in subsection (4)...
In section 41 (provision of documents for members)—
In section 47 (professional advisers), in subsections (3), (8) and...
In section 49 (other responsibilities of trustees, employers, etc)—
In section 49A (record of winding up decisions) omit subsection...
In section 68 (power of trustees to modify schemes by...
In section 69 (grounds for applying for modifications)—
In section 71A(4)(d) (power to make provision in relation to...
In section 72A (reports to Authority about winding up) omit...
In section 87 of the Companies Act 1989 (exception from...
In section 72C (duty to comply with directions for facilitating...
In section 73 (preferential liabilities on winding up) in subsection...
In section 76 (excess assets on winding up)—
In section 77 (excess assets remaining after winding up: power...
In section 87 (schedules of payment to money purchase schemes)...
In section 88 (provision supplementary to section 87) omit subsection...
In section 89 (application of further provisions to money purchase...
In section 118 (powers to modify Part 1 of the...
In section 119 (calculations etc under regulations: sub-delegation), for “73(3)”...
(1) Section 124 (interpretation of Part 1) is amended as...
In section 122AA of the Social Security Administration Act 1992...
In Schedule 7 to the Bank of England Act 1998...
The Welfare Reform and Pensions Act 1999 is amended as...
In section 1 (stakeholder pension schemes), in subsection (6), after...
In section 2 (registration of stakeholder pension schemes)—
In section 8(2)(a) (providing for stakeholder pension schemes to be...
In section 38 (treatment in winding up)—
(1) Paragraph 1 of Schedule 1 (application of enactments relating...
(1) Schedule 5 (pension credits: mode of discharge) is amended...
In Schedule 3A to the Terrorism Act 2000 (regulated sector...
In Schedule 1 to the Freedom of Information Act 2000...
(1) The Tribunals and Inquiries Act 1992 is amended as...
In Schedule 9 to the Proceeds of Crime Act 2002...
The Pension Schemes Act 1993 is amended as follows.
schedule/13/part/1/paragraph/wrapper1n2
Duty to have regard to the interests of members etc
Amended 1 timePowers to vary or revoke orders, notices or directions etc
Amended 1 timeThe Pensions Regulator Tribunal
Amended 13 timesOffences
Amended 13 timesReferences in relation to decisions of Regulator
Amended 15 timesAppeal on a point of law
Amended 2 timesRedetermination etc by the Tribunal
Amended 2 timesLegal assistance scheme
Amended 4 timesThe Board of the Pension Protection Fund
Amended 1 timeMembership of the Board
Amended 3 timesFurther provision about the Board
Amended 6 timesBoard’s functions
Amended 4 timesSupplementary powers
Amended 1 timeNon-executive functions
Amended 8 timesInvestment of funds
Amended 1 timeInvestment principles
Amended 5 timesBorrowing
Amended 9 timesLoans made by the Secretary of State
Amended 9 timesGrants
Amended 1 timeAdministration levy
Amended 8 timesAnnual reports to Secretary of State
Amended 1 timeDuty to notify insolvency events in respect of employers
Amended 6 timesInsolvency event, insolvency date and insolvency practitioner
Amended 23 timesInsolvency practitioner’s duty to issue notices confirming status of scheme
Amended 12 timesApproval of notices issued under section 122
Amended 3 timesBoard’s duty where there is a failure to comply with section 122
Amended 3 timesBinding notices confirming status of scheme
Amended 4 timesEligible schemes
Amended 11 timesDuty to assume responsibility for schemes following insolvency event
Amended 3 timesDuty to assume responsibility for schemes following application or notification
Amended 3 timesApplications and notifications for the purposes of section 128
Amended 7 timesBoard’s duty where application or notification received under section 129
Amended 6 timesProtected liabilities
Amended 1 timeAssessment periods
Amended 3 timesAdmission of new members, payment of contributions etc
Amended 3 timesDirections
Amended 5 timesRestrictions on winding up, discharge of liabilities etc
Amended 4 timesPower to validate contraventions of section 135
Amended 3 timesBoard to act as creditor of the employer
Amended 2 timesPayment of scheme benefits
Amended 19 timesLoans to pay scheme benefits
Amended 2 timesReviewable ill health pensions
Amended 7 timesEffect of a review
Amended 5 timesSections 140 and 141: interpretation
Amended 2 timesBoard’s obligation to obtain valuation of assets and protected liabilities
Amended 19 timesDeterminations under section 143
Amended 19 timesApproval of valuation
Amended 5 timesBinding valuations
Amended 4 timesSchemes which become eligible schemes
Amended 5 timesNew schemes created to replace existing schemes
Amended 5 timesWithdrawal following issue of section 122(4) notice
Amended 4 timesCircumstances in which Board ceases to be involved with an eligible scheme
Amended 1 timeConsequences of the Board ceasing to be involved with a scheme
Amended 2 timesApplication for reconsideration
Amended 20 timesDuty to assume responsibility following reconsideration
Amended 12 timesClosed schemes
Amended 5 timesRequirement to wind up schemes with sufficient assets to meet protected liabilities
Amended 7 timesTreatment of closed schemes
Amended 4 timesValuations of closed schemes
Amended 6 timesApplications and notifications where closed schemes have insufficient assets
Amended 4 timesDuty to assume responsibility for closed schemes
Amended 11 timesClosed schemes: further assessment periods
Amended 1 timeTransfer notice
Amended 11 timesEffect of Board assuming responsibility for a scheme
Amended 8 timesThe pension compensation provisions
Amended 4 timesAdjustments to be made where the Board assumes responsibility for a scheme
Amended 3 timesPostponement of compensation entitlement for the assessment period
Amended 1 timeGuaranteed minimum pensions
Amended 1 timeDuty to pay scheme benefits unpaid at assessment date etc
Amended 3 timesModification of Chapter where liabilities discharged during assessment period
Amended 2 timesAdministration of compensation
Amended 5 timesCharges in respect of pension sharing etc
Amended 5 timesDischarge of liabilities in respect of compensation
Amended 1 timeDischarge of liabilities in respect of money purchase benefits
Amended 3 timesEqual treatment
Amended 5 timesRelationship with fraud compensation regime
Amended 6 timesPension Protection Fund
Amended 15 timesPension protection levies
Amended 13 timesSupplementary provisions about pension protection levies
Amended 1 timeAmounts to be raised by the pension protection levies
Amended 5 timesThe levy ceiling
Amended 9 timesValuations to determine scheme underfunding
Amended 4 timesCalculation, collection and recovery of levies
Amended 11 timesPension protection levy: interest for late payment
Amended 11 timesCases where fraud compensation payments can be made
Amended 12 timesBoard’s duties in respect of certain applications under section 182
Amended 2 timesRecovery of value
Amended 1 timeFraud compensation payments
Amended 2 timesInterim payments
Amended 1 timeBoard’s powers to make fraud compensation transfer payments
Amended 1 timeFraud Compensation Fund
Amended 9 timesFraud compensation levy
Amended 5 timesInformation to be provided to the Board etc
Amended 1 timeNotices requiring provision of information
Amended 1 timeEntry of premises
Amended 1 timePenalties relating to sections 191 and 192
Amended 2 timesWarrants
Amended 1 timeOffence of providing false or misleading information to the Board
Amended 1 timeUse of information
Amended 1 timeRestricted information
Amended 1 timeDisclosure for facilitating exercise of functions by the Board
Amended 1 timeDisclosure for facilitating exercise of functions by the Regulator
Amended 1 timeDisclosure for facilitating exercise of functions by other supervisory authorities
Amended 1 timeOther permitted disclosures
Amended 4 timesTax information
Amended 1 timeProvision of informationto members of schemes etc
Amended 2 timesSections 190 to 203: interpretation
Amended 3 timesPublishing reports etc
Amended 1 timeMeaning of “reviewable matters”
Amended 2 timesReview and reconsideration by the Board of reviewable matters
Amended 1 timeInvestigation by the Board of complaints of maladministration
Amended 2 timesThe Ombudsman for the Board of the Pension Protection Fund
Amended 9 timesDeputy PPF Ombudsmen
Amended 3 timesStatus etc of the PPF Ombudsman and deputies
Amended 1 timeAnnual reports to Secretary of State
Amended 2 timesAccounts and audit
Amended 2 timesReference of reviewable matter to the PPF Ombudsman
Amended 3 timesInvestigation by PPF Ombudsman of complaints of maladministration
Amended 2 timesReferral of questions of law
Amended 2 timesPublishing reports etc
Amended 2 timesDeterminations of the PPF Ombudsman
Amended 4 timesObstruction etc of the PPF Ombudsman
Amended 3 timesBackdating the winding up of eligible schemes
Amended 1 timePension sharing
Amended 1 timePension schemes to which this Part applies
Amended 2 timesFunding and investment strategy
Amended 2 timesStatement of strategy
Amended 2 timesThe statutory funding objective
Amended 3 timesStatement of funding principles
Amended 1 timeActuarial valuations and reports
Amended 5 timesCertification of technical provisions
Amended 1 timeRecovery plan
Amended 2 timesSchedule of contributions
Amended 2 timesFailure to make payments
Amended 1 timeMatters requiring agreement of the employer
Amended 2 timesMatters on which advice of actuary must be obtained
Amended 2 timesPowers of the Regulator
Amended 4 timesRequirements for winding up procedure
Amended 4 timesPower to modify provisions of this Part
Amended 1 timeConstruction as one with the Pensions Act 1995
Amended 1 timeSupply of information for purposes of section 234
Amended 3 timesCategories of pension scheme
Amended 1 timeRequirement for member-nominated trustees
Amended 2 timesRequirement for member-nominated directors of corporate trustees
Amended 3 timesMember-nominated trustees and directors: supplementary
Amended 2 timesInvestment principles
Amended 1 timePower to make regulations governing investment by trustees
Amended 1 timeBorrowing by trustees
Amended 1 timeRequirement for knowledge and understanding: individual trustees
Amended 5 timesRequirement for knowledge and understanding: corporate trustees
Amended 7 timesRequirement for knowledge and understanding: pension boards of public service pension schemes
Amended 7 timesRequirement for knowledge and understanding: supplementary
Amended 3 timesRequirement for an effective system of governance
Amended 3 timesRequirement for internal controls: public service pension schemes
Amended 3 timesPayment of surplus to employer
Amended 1 timePayment of surplus to employer: transitional power to amend scheme
Amended 8 timesUK-based scheme to be trust with effective rules
Amended 1 timeNon-UK scheme to be trust with UK-resident trustee
Amended 5 timesRepresentative of non-UK scheme to be treated as trustee
Amended 7 timesActivities of occupational pension schemes
Amended 1 timeNo indemnification for fines or civil penalties
Amended 8 timesConditions for pension protection
Amended 9 timesForm of protection
Amended 15 timesConsultation by employers: occupational pension schemes
Amended 2 timesConsultation by employers: personal pension schemes
Amended 1 timeFurther provisions about regulations relating to consultation
Amended 2 timesModification of subsisting rights
Amended 1 timeIncrease in age at which short service benefit must be payable
Amended 1 timeEarly leavers: cash transfer sums and contribution refunds
Amended 1 timePaternity leave and adoption leave
Amended 1 timeInalienability of occupational pension
Amended 1 timeVoluntary contributions
Amended 1 timePayments made by employers to personal pension schemes
Amended 1 timePayments made by employers and members to occupational pension schemes
Amended 1 timeWinding up
Amended 1 timeDebt due from the employer when assets insufficient
Amended 1 timeDebt due from the employer in the case of multi-employer schemes
Amended 2 timesResolution of disputes
Amended 10 timesThe Pensions Ombudsman and Deputy Pensions Ombudsmen
Amended 1 timeJurisdiction
Amended 1 timeInvestigations
Amended 1 timeAmendments relating to the Pensions Compensation Board
Amended 1 timeAnnual increase in rate of certain occupational pensions
Amended 2 timesAnnual increase in rate of certain personal pensions
Amended 1 timePower to increase pensions giving effect to pension credits etc
Amended 2 timesMeaning of “working life” in Pension Schemes Act 1993
Amended 1 timePower to prescribe conditions by reference to Inland Revenue approval
Amended 1 timeRestrictions on commutation and age at which benefits may be received
Amended 1 timeMeaning of “stakeholder pension scheme”
Amended 3 timesFinancial assistance scheme for members of certain pension schemes
Amended 15 timesRestriction on purchase of annuities
Amended 15 timesOccupational pension scheme receiving contributions from European employer
Amended 5 timesGeneral authorisation to accept contributions from European employers
Amended 1 timeApproval in relation to particular European employer
Amended 4 timesNotification of legal requirements of host member State outside United Kingdom
Amended 6 timesDuty of trustees or managers to act consistently with law of host member State
Amended 6 timesPower of Regulator to require ring-fencing of assets
Amended 1 timeExemption from enrolment duty under Part 1 of Pensions Act 2008
Amended 1 timeFunctions of Regulator in relation to institutions administered in other member States
Amended 9 timesStopping disposal of assets of institutions administered in other member States
Amended 4 timesInterpretation of Part
Amended 5 timesDisclosure of state pension information
Amended 2 timesDissolution of OPRA
Amended 2 timesTransfer of employees from OPRA to the Regulator
Amended 1 timeDissolution of the Pensions Compensation Board
Amended 2 timesService of notifications and other documents
Amended 2 timesNotification and documents in electronic form
Amended 2 timesOverriding requirements
Amended 13 timesModification of this Act in relation to certain categories of schemes
Amended 9 timesOffences by bodies corporate and partnerships
Amended 1 timeAdmissibility of statements
Amended 10 timesProtected items
Amended 1 timeLiens
Amended 1 timeBreach of regulations
Amended 1 timeSubordinate legislation (general provisions)
Amended 1 timeParliamentary control of subordinate legislation
Amended 16 timesGeneral interpretation
Amended 25 timesMinor and consequential amendments
Amended 20 timesRepeals and revocations
Amended 14 timesPre-consolidation amendments
Amended 2 timesExtent
Amended 4 timesBrowse 154 other sections — procedural / definitional / commencement
The Pensions Regulator
Membership of the Regulator
Further provision about the Regulator
Regulator’s functions
Regulator’s objectives
Supplementary powers
Transfer of OPRA’s functions to the Regulator
Non-executive functions
The Determinations Panel
Functions exercisable by the Determinations Panel
Annual reports to Secretary of State
Provision of information, education and assistance
Improvement notices
Third party notices
Appointment of skilled person to assist public service pension scheme
Injunctions and interdicts
Restitution
Power of the Regulator to recover unpaid contributions
Pension liberation: interpretation
Pension liberation: court’s power to order restitution
Pension liberation: restraining orders
Pension liberation: repatriation orders
Powers to wind up occupational pension schemes
Freezing orders
Consequences of freezing order
Period of effect etc of freezing order
Validation of action in contravention of freezing order
Effect of determination to wind up scheme on freezing order
Effect of winding up order on freezing order
Effect of assessment period under Part 2 on freezing order
Power to give a direction where freezing order ceases to have effect
Notification of trustees, managers, employers and members
Sections 23 to 31: supplementary
Prohibition orders
Suspension orders
Appointments of trustees by the Regulator
Independent trustees
Disqualification
Contribution notices where avoidance of employer debt
Section 38 contribution notice: meaning of “material detriment test”
Section 38 contribution notice issued by reference to material detriment test: defence
Section 38 contribution notice: meaning of “employer insolvency test”
Section 38 contribution notice issued by reference to employer insolvency test: defence
Section 38 contribution notice: meaning of “employer resources test”
Section 38 contribution notice issued by reference to employer resources test: defence
The sum specified in a section 38 contribution notice
Section 38 contribution notice: transfer of members of the scheme
Section 39A: supplemental
Content and effect of a section 38 contribution notice
Section 38 contribution notice: relationship with employer debt
Section 38 contribution notice: clearance statements
Offence of failing to comply with a section 38 contribution notice
Financial penalty for failure to comply with a section 38 contribution notice
Financial support directions
Financial support directions: transfer of members of the scheme
Section 43A: supplemental
Meaning of “service company” and “insufficiently resourced”
Meaning of “financial support”
Financial support directions: clearance statements
Contribution notices where non-compliance with financial support direction
The sum specified in a section 47 contribution notice
Content and effect of a section 47 contribution notice
Section 47 contribution notice: relationship with employer debt
Sections 43 to 50: interpretation
Restoration orders where transactions at an undervalue
Restoration orders: supplementary
Content and effect of a restoration order
Contribution notice where failure to comply with restoration order
Content and effect of a section 55 contribution notice
Sections 38 to 56: partnerships and limited liability partnerships
Regulator’s right to apply under section 423 of Insolvency Act 1986
Offence of avoidance of employer debt
Offence of conduct risking accrued scheme benefits
Financial penalty for avoidance of employer debt
Financial penalty for conduct risking accrued scheme benefits
Register of occupational and personal pension schemes
Registrable information
The register: inspection, provision of information and reports etc
The register: duties of trustees or managers
Duty of the Regulator to issue scheme return notices
Duty of trustees or managers to provide scheme return
Scheme returns: supplementary
Register of prohibited trustees
Accessibility of register of prohibited trustees
Information relevant to the Board
Duty to notify the Regulator of certain events
Duty to give notices and statements to the Regulator in respect of certain events
Duty to report breaches of the law
Duty to report late payment of employer contributions
Reports by skilled persons
Provision of information
Interviews
Inspection of premises
Inspection of premises in respect of employers' obligations
Inspection of premises: powers of inspectors
Inspection of premises: supplementary
Penalties relating to sections 72 to 75
Fixed penalty notices
Escalating penalty notices
Warrants
Sections 72 to 78: interpretation
Offences of providing false or misleading information
Financial penalty for providing false or misleading information to Regulator
Financial penalty for providing false or misleading information to trustees or managers
Use of information
Restricted information
Information supplied to the Regulator by corresponding overseas authorities
Disclosure for facilitating exercise of functions by the Regulator
Disclosure for facilitating exercise of functions by the Board
Disclosure for facilitating exercise of functions by other supervisory authorities
Other permitted disclosures
Tax information etc
Financial penalties
Financial penalties: time for recovery
Financial penalties: recovery
Publishing reports etc
Reports about misappropriation etc in public service pension schemes
Codes of practice
Codes of practice: public service pension schemes
Procedure for issue and publication of codes of practice
Revocation of codes of practice
The Regulator’s procedure in relation to its regulatory functions
Publication of procedure in relation to regulatory functions
Application of standard and special procedure
Standard procedure
Special procedure: applicable cases
Special procedure
Compulsory review
Fees
Initial levy
Pension protection levies during the transitional period
Promoting and facilitating financial planning for retirement
Use and supply of information: private pensions policy and retirement planning
Combined pension forecasts
Information and advice to employees
Qualifying pensions dashboard service
Qualifying pension dashboard service: further provision
Sections 238A and 238B: interpretation
Information from occupational pension schemes
Information from occupational pension schemes: further provision
Sections 238D and 238E: interpretation
Compliance
Meaning of “employer” in Part 1 of the Pensions Act 1995
Exemption from statutory revaluation requirement
Persons entitled to more than one Category B retirement pension
Deferral of retirement pensions and shared additional pensions
Claims for certain benefits following termination of reciprocal agreement with Australia
Timing and location of things done electronically
Modification of pensions legislation that refers to employers
Crown application
Consultations about regulations
Commencement
Northern Ireland
Short title
Enforcement and responsible bodies
The regulators that administer or enforce this legislation.
The Pensions Regulator
Regulates workplace pensions, defined benefit schemes, and master trusts. All employers must auto-enrol eligible workers into a workplace pension. Enforces employer duties …
Connected legislation
2 statutory instruments
These instruments amend, apply, or refer to this Act. They may not all create direct business obligations.
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Regulators
Learn more about the bodies that enforce this legislation.