Environmental Protection (Plastic Plates etc.) (England) Regulations 2023
What this means for your business
- Enforced by
- Environment Agency, DEFRA
- Applies to
- United Kingdom
- On this page
- 14 compliance obligations, 1 practical guide
What you must do
14 compliance obligations under this legislation.
Risk assessment 1
Calculate member benefits when receiving a remediable transfer value
If your business runs a public‑service pension scheme and you accept a remediable transfer value from another scheme, you must work with your actuary to calculate the member’s benefits using that transfer value (and any adjustment payment). The calculation must be applied to the member’s rights under the relevant pension sections on the same terms as the transfer.
Management duties 6
Adjust transferred benefits to match equivalent scheme values
If your scheme has members who transfer benefits, the scheme manager must change the value of those transferred benefits so they are worth the same as they would be if the member had joined the scheme instead. The change has to be made on 1 October 2023 for deferred‑choice members, or at the end of the election period for others.
Calculate and apply interest on amounts owed under the plastic‑plates scheme
If your business is part of the plastic‑plates scheme, you or the person in charge of the scheme must add interest to any money you owe, using the rates, periods or other methods set out in the regulations. The interest has to be calculated and added before you make any payments, following the specific directions that apply to each type of debt.
Calculate remediable benefits after club transfer payments
If you manage a pension scheme and a member has paid a ‘remediable club transfer value’ on or after 1 Oct 2023, you must recalculate that member’s benefits as if the payment had been made under the appropriate 1995/2008 section of the scheme and the 2015 scheme. This ensures the member’s benefit figures are correct and reflect the new payment.
Calculate transfer value for remediable rights payments
If your business makes a remediable transfer value payment on or after 1 Oct 2023 (and it isn’t a public‑sector arrangement), you must work with your scheme actuary to work out the member’s transfer value using both the legacy (1995/2008) rules and the 2015 scheme rules, and then apply the higher of the two amounts.
Do not calculate interest on legacy scheme payments
If your business is the manager of a legacy plastic‑plates scheme and you need to calculate interest on a payment under the 2022 scheme, you must treat that payment as if no interest is payable under the older 1995 and 2008 regulations. In practice, you simply exclude any interest charge for those amounts.
Re‑calculate legacy scheme cash equivalents and adjust 2015 scheme rights
If your business used a cash‑equivalent remediable amount under the old environmental protection scheme to buy rights in the 2015 scheme before 1 October 2023, the scheme manager must review and recalculate the value of those rights. Where the new calculation is higher, extra rights must be bought for you under the same terms so that your holdings are correctly valued. This keeps your protection rights up to date under the newer scheme.
Payments and fees 4
Pay any net liability you owe to the legacy scheme
If your business (or you as an individual) has a net liability under the Plastic Plates legacy scheme, you must pay that amount. The scheme manager will tell you how much you owe and the deadline, or you can agree a payment plan – including instalments or deductions from any benefits you receive. Failure to pay may lead to the scheme manager deducting the amount from your benefits.
Pay members’ annual allowance charge on request
If a member of your pension scheme meets certain conditions (e.g., has a charge for tax years 2019‑20 to 2022‑23 and the time‑limit for a notice has ended) they can ask you in writing to pay that charge for them. You must then pay the charge, adjust the member’s benefits accordingly, and give them clear information about how the request works.
Pay net liability to claimants promptly
If you run the legacy plastic‑plate scheme, you must pay any net amount you owe to a person as soon as reasonably practicable, either after you’ve calculated the amount or after you’ve received a proper application from them. You can ask them to submit an application on a form you set, but they must do so within six months (or a later reasonable time).
Re‑calculate and report remediable transfer values and pay any shortfall
If your pension scheme paid a club transfer value for a member before 1 Oct 2023, you must work out what that value would have been under the old 1995/2008 rules and the 2015 scheme, send those figures (and any extra information the receiving scheme asks for) to the scheme receiving the transfer, and if the receiving scheme is a local‑government pension scheme and your new figure is higher, you must pay the difference.
Reporting and filing 3
Calculate and send club transfer value details to receiving scheme
If your organisation is the scheme manager and you need to make a remediable club transfer value payment after 1 Oct 2023, you must work out the transfer value using both the 1995/2008 and 2015 methods, pick the higher amount, and provide those calculation results (and any extra information the receiving scheme asks for) to the receiving scheme.
Provide remediable service statements to eligible members
If you run the scheme, you must send a remediable service statement to any member (or their designated person) who has not made an election under regulation 9 or 12. The statement must be sent by the relevant date, and then each year thereafter for active members, or on request (within three months) for deferred members.
Provide transferred out remediable service statements
If your business has moved any rights to remediable services out of the previous legacy scheme or the 2015 scheme, you must give the scheme manager a formal statement showing what has been transferred. This is a reporting requirement under the Environmental Protection regulations. In practice, the statement must be prepared and sent to the scheme manager as directed by the 2022 transfer directions.
Practical guidance
Our guides explain how to comply with the requirements above.
Sections and provisions
78 classified provisions from this legislation.
Duties 16
- s.6 Remediable service statements
- s.43 Transferred out remediable service statements
- s.45 Remediable transfer value payments made on or after 1st October 2023 that are not made under public sector transfer arrangements
- s.46 Transfers of remediable rights in the legacy scheme to the 2015 scheme before 1st October 2023
- s.47 Transfers of remediable rights in the legacy scheme to the 2015 scheme on or after 1st October 2023
- s.48 Remediable transfer value payments accepted from other public service schemes but not accepted under the public sector transfer arrangements
- s.49 Remediable club transfer value payments made before 1st October 2023
- s.50 Remediable club transfer value payments made on or after 1st October 2023
- s.52 Remediable club transfer value payments accepted on or after 1st October 2023
- s.55 Varying the value of benefits secured by virtue of transferred in remediable rights
- s.60 Scheme pays
- s.62 Indirect compensation The relevant loss
- s.64 Interest and process
- s.65 Interest not payable under the 1995 Regulations or the 2008 Regulations
- s.67 Payments of amounts owed to the scheme
- s.68 Payments of amounts owed to a person
Powers 10
- s.8 Election for retrospective provision to apply to opted-out service
- s.9 Election for 2015 scheme benefits: immediate choice members and deceased members
- s.12 Election for 2015 scheme benefits: deferred choice members and deceased members
- s.23 Remedial arrangements to pay voluntary contributions to secure legacy scheme additional pension
- s.51 Remediable club transfer value payments accepted before 1st October 2023
- s.61 Applications for compensation or indirect compensation
- s.66 Netting off of liabilities
- s.69 Power to reduce or waive amounts owed by a person to the legacy scheme
- s.71 Option to revoke election to convert pensionable service under the legacy scheme
- s.77 Ill-health pension: acceptance of retrospective applications
Definitions 30
- s.2 Interpretation PSPJOA 2022 the 1995 Regulations the 1995 Section
- s.14 Interpretation of Part 4 1995 regulation Q8 1995 regulation Q10 1995 regulation Q11
- s.22 Treatment of buy-out contributions made under 2015 regulation 48: immediate choice members and deceased members
- s.24 Revocation of cancellation of arrangement or option to secure legacy scheme additional service or additional pension 1995 regulation Q6
- s.25 Interpretation of Part 5 the 2000 Regulations appropriate amount operative time
- s.26 Pension debits: valuation of pension benefits before 1st October 2023: deferred choice members (immediate alternative debit of appropriate amount)
- s.27 Pension debits: valuation of pension benefits before 1st October 2023: immediate choice election for 2015 scheme benefits: immediate choice members and deceased members
- s.28 Pension debits: valuation of pension benefits before 1st October 2023: no immediate choice election for 2015 scheme benefits: immediate choice members and deceased members
- s.29 Pension debits: deferred choice election for 2015 scheme benefits: deferred choice members
- s.30 Valuation of pension benefits on or after 1st October 2023 non-remediable service shareable rights
- s.31 Pension debits: valuation of pension benefits on or after 1st October 2023: immediate choice election for 2015 scheme benefits: immediate choice members
- s.32 Pension debits: valuation of pension benefits on or after 1st October 2023: no immediate choice election for 2015 scheme benefits: immediate choice members
- s.33 Pension credits: valuation of pension benefits before 1st October 2023: pension credit adjustment: remediable service shareable rights under the legacy scheme only or the 2015 scheme only
- s.34 Pension credits: valuation of pension benefits before 1st October 2023: pension credit adjustment: remediable service shareable rights under the legacy scheme and the 2015 scheme
- s.35 Pension credits: pensioner and deceased relevant pension credit members
- s.36 Pension credits: valuation of pension benefits on or after 1st October 2023: creation of a pension credit
- s.37 Interpretation of Part 6 1995 regulation N1 1995 regulation N3 2008 regulation 2.F.9
- s.38 Treatment of transfer and transfer value payments made to the 1995 Section or the 2008 Section that are not made under public sector transfer arrangements legacy scheme joining date
- s.39 Transfer value payments made to the 2015 scheme that are not made under public sector transfer arrangements: treatment as transfer payments under the 1995 Section or transfer value payments under the 2008 Section: deferred choice members
- s.40 Transfer value payments in accordance with regulation 39: variation of the member’s rights on the making of a deferred choice election
- ... and 10 more definitions
Exemptions 4
- s.3 Pension contributions of medical practitioners and non-GP providers: deferred choice members (immediate correction)
- s.4 Pension contributions of medical practitioners and non-GP providers: immediate choice members and deceased members
- s.5 Pension contributions of medical practitioners and non-GP providers: deferred choice members
- s.10 Pension benefits and lump sum benefits: immediate choice members and deceased members