The Occupational Pension Schemes (Collective Money Purchase Schemes) (Extension to Unconnected Multiple Employer Schemes and Miscellaneous Provisions) Regulations 2025

29 Application for authorisation: contents

(1) This regulation specifies information that must be included in an application for authorisation under section 8 of the Act (application for authorisation). (2) The other information to be included in an application, in relation to each person acting in a capacity mentioned in section 11(2) of the Act (fit and proper persons requirement) and each person exercising a core function in relation to the scheme within the meaning given by regulation 31(4) (fit and proper persons requirement), is— (a) in the case of an individual— (i) the person’s full name; (ii) the person’s date of birth; (iii) the title and description of the person’s role in relation to the scheme; (iv) the person’s residential address and, if different, the person’s address for correspondence; (v) any other address at which the person has been resident at any time in the period of five years before the date of the application for authorisation; (vi) a criminal conviction certificate obtained by means of an application in accordance with section 112(1) of the Police Act 1997 (criminal conviction certificates), a Level 1 disclosure within the meaning of section 1 of the Disclosure (Scotland) Act 2020 or, in relation to the law of a country outside the United Kingdom, any document that is equivalent to such a certificate or disclosure; (b) in the case of a body corporate or partnership— (i) the full name of each individual who is performing, or who will be performing, the functions of that person in relation to the scheme in the exercise of a management or executive role in relation to that person; (ii) the date of birth of each such individual; (iii) the residential address of each such individual and, if different, their address for correspondence; (iv) any other address at which each such individual has been resident at any time in the period of five years before the date of the application for authorisation; (v) for each such individual, a criminal conviction certificate obtained by means of an application in accordance with section 112(1) of the Police Act 1997 (criminal conviction certificates), a Level 1 disclosure within the meaning of section 1 of the Disclosure (Scotland) Act 2020 or, in relation to the law of a country outside the United Kingdom, any document that is equivalent to such a certificate or disclosure; (c) in the case of any person, responses to a list of questions that may be asked by the Pensions Regulator, as part of an application for authorisation, to assess whether the person is a fit and proper person. (3) The other information to be included in an application, in relation to whether the scheme is financially sustainable, is the information set out in Part 1 of Schedule 3. (4) The application must include a statement, signed by the trustees of the scheme, confirming that— (a) the scheme has a single scheme proprietor in accordance with section 14B of the Act, and (b) the scheme proprietor meets the requirements set out in section 14C of the Act. (5) The other information to be included in an application, in relation to whether no person has carried out promotion or marketing of the scheme that is unclear or misleading without rectification, and whether the scheme has adequate systems and processes for securing that promotion or marketing of the scheme is clear and not misleading is— (a) if there has been no promotion or marketing of the scheme, and there is no intention for there to be any such promotion or marketing, a statement, signed by the scheme proprietor— (i) confirming that fact, and (ii) setting out the reasons why this is the case; (b) in any other case— (i) details of any promotion or marketing of the scheme, (ii) details of the matters set out in Part 1 of Schedule 1C to the Act (no promotion or marketing that is unclear or misleading), and (iii) details of the systems and processes used, or intended to be used, for the purposes of promotion and marketing of the scheme, including details of the matters set out in Part 2 of Schedule 1C to the Act (promotion or marketing: systems and processes). (6) The application must include a statement, signed by the trustees of the scheme, confirming that no trustee— (a) promotes or markets the scheme, or (b) acts as a chief financial officer of the scheme. (7) The other information to be included in an application, in relation to whether the systems and processes used for communicating with members and others are adequate, is details of the systems and processes used, or intended to be used, for the purposes of communicating with relevant persons, including details of the matters set out in Schedule 4. (8) The other information to be included in an application, in relation to whether the systems and processes used in running the scheme are sufficient, is— (a) details of the systems and processes used, or intended to be used, in the running of the scheme, including details of the matters set out in Schedule 5; (b) whether the systems and processes used, or intended to be used, in the running of the scheme have been devised, applied or maintained by the scheme or a service provider. (9) The other information to be included in an application, in relation to whether (unless required to pursue continuity option 1 by virtue of section 34(3) of the Act) the trustees of the scheme would not be prevented from pursuing continuity option 3, is an explanation by the trustees of why they consider that to be the case, including— (a) why the trustees do not consider themselves to be constrained or fettered in making a decision to pursue continuity option 3 should a triggering event occur (other than by section 34(3)); (b) whether the trustees are required to, before making that decision— (i) obtain the consent of employers, the scheme proprietor, members of the scheme or any other person, or (ii) consult with any person other than employers, the scheme proprietor and members of the scheme. (10) The other information to be included in an application is— (a) the name by which the scheme is known; (b) the name of each employer in relation to the scheme; (c) the date on which it is proposed that the scheme will begin operating, subject to the Pensions Regulator’s decision under section 9(1) of the Act (decision on application); (d) the contact details of the trustees making the application; (e) a copy of the rules of the scheme; (f) a copy of the scheme’s trust deed; (g) an explanation of how the scheme satisfies the definition of a collective money purchase scheme under section 1(2) of the Act (collective money purchase schemes), including— (i) an explanation of how the requirements of section 3 of the Act (qualifying schemes) are met in respect of the scheme, and (ii) where the scheme is a section of a qualifying scheme, an explanation of how the requirements of section 3 of the Act are met in respect of that section. (11) For the purposes of paragraph (10), the date on which it is proposed that the scheme will begin operating is the date proposed as the date on which, in relation to the scheme, a person is to first accept money as described in section 7(5)(a) or (b) of the Act (authorisation of collective money purchase schemes).