Law

Pension Schemes Act 1993

United Kingdom · statute

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In force since 2026-10-01, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 282 provisions
  1. Title and introductory text
  2. 1 Categories of pension schemes.
  3. 2 Constitution and functions of the Board.
  4. 3 Membership of the Board.
  5. 4 Reports of the Board.
  6. 5 Further provisions as to constitution and procedure of the Board.
  7. 6 Registration of occupational and personal pension schemes.
  8. 7 Issue of contracting-out certificates.
  9. 7A Meaning of “the first abolition date” and “the second abolition date”
  10. 7B Meaning of “contracted-out scheme” and “appropriate scheme” etc.
  11. 8 Meaning of “contracted-out employment”, “guaranteed minimum pension” and “minimum payment”.
  12. 9 Requirements for certification of schemes: general.
  13. 10 Protected rights and money purchase benefits.
  14. 11 Elections as to employments covered by contracting-out certificates.
  15. 12 Determination of basis on which scheme is contracted-out.
  16. 12A The statutory standard
  17. 12B Reference scheme
  18. 12C Transfer, commutation, etc
  19. 12D Entitlement to benefit
  20. 12E Former salary related contracted-out schemes to comply with GMP requirements
  21. 13 Minimum pensions for earners.
  22. 14 Earner’s guaranteed minimum.
  23. 15 Increase of guaranteed minimum where commencement of guaranteed minimum pension postponed.
  24. 15A Reduction of guaranteed minimum in consequence of pension debit.
  25. 16 Revaluation of earnings factors for purposes of s. 14: early leavers etc.
  26. 17 Minimum pensions for widows and widowers.
  27. 18 Treatment of insignificant amounts.
  28. 19 Discharge of liability where guaranteed minimum pensions secured by insurance policies or annuity contracts.
  29. 20 Transfer of accrued rights.
  30. 21 Commutation, surrender and forfeiture.
  31. 22 Financing of benefits.
  32. 23 Securing of benefits.
  33. 24 Sufficiency of resources.
  34. 24A Conversion of guaranteed minimum pension into other benefits: introduction
  35. 24B The conversion conditions
  36. 24C Actuarial equivalence
  37. 24D Survivors' benefits
  38. 24E Procedural requirements
  39. 24F Transfer out
  40. 24G Powers to amend schemes
  41. 24H Enforcement of GMP conversion conditions
  42. 25 Power for Board to impose conditions as to investments and resources.
  43. 25A Requirements for schemes with members with protected rights
  44. 26 Persons who may establish scheme.
  45. 27 Identification and valuation of protected rights.
  46. 27A Requirements in relation to giving effect to protected rights
  47. 28 Ways of giving effect to protected rights.
  48. 28A Requirements for interim arrangements
  49. 28B Information about interim arrangements
  50. 29 The pension and annuity requirements.
  51. 30 Securing of liability for protected rights.
  52. 31 Investment and resources of schemes.
  53. 32 Suspension or forfeiture.
  54. 32A Discharge of protected rights on winding up: insurance policies
  55. 33 Tax requirements to prevail over requirements of section 31.
  56. 33A Appropriate schemes: “Blowing the whistle”
  57. 34 Cancellation, variation, surrender and refusal of certificates.
  58. 35 Surrender and cancellation of contracting-out certificates: issue of further certificates.
  59. 36 Surrender and cancellation of contracting-out certificates: cancellation of further certificates.
  60. 37 Alteration of rules of contracted-out schemes.
  61. 37A Transfer of liabilities etc: schemes contracted-out on or after 6 April 1997
  62. 38 Alteration of rules of appropriate schemes.
  63. 38A Regulations about relevant gender change cases
  64. 39 General power to make regulations.
  65. 40 Scope of Chapter II.
  66. 41 Reduced rates of Class 1 contributions
  67. 42 Review and alteration of rates of contributions applicable under s. 41.
  68. 42A Reduced rates of Class 1 contributions, and rebates
  69. 42B Determination and alteration of rates of contributions, and rebates, applicable under section 42A
  70. 43 Payment of minimum contributions to personal pension schemes.
  71. 44 Earner’s chosen scheme.
  72. 45 Amount of minimum contributions.
  73. 45A Determination and alteration of rates of minimum contributions under section 45
  74. 45B Money purchase and personal pension schemes: verification of ages
  75. 46 Effect of entitlement to guaranteed minimum pensions on payment of social security benefits.
  76. 46A Retirement in tax year after 5th April 2020
  77. 47 Further provisions concerning entitlement to guaranteed minimum pensions for the purposes of s. 46.
  78. 48 Reduced benefits where minimum payments or minimum contributions paid.
  79. 48A Additional pension and other benefits
  80. 49 Women, married women and widows.
  81. 50 Powers of Inland Revenue to approve arrangements for scheme ceasing to be certified.
  82. 51 Calculation of guaranteed minimum pensions preserved under approved arrangements.
  83. 52 Supervision of former salary related contracted-out schemes
  84. 53 Supervision: former contracted-out schemes.
  85. 54 Supervision: former appropriate personal pension schemes.
  86. 55 Payment of state scheme premiums on termination of certified status.
  87. 56 Provisions supplementary to s. 55.
  88. 57 Elections to pay contributions equivalent premiums.
  89. 58 Amount of premiums payable under s. 55.
  90. 59 Alternative basis for revaluation of earnings factors for calculation of certain premiums.
  91. 60 Effect of payment of premiums on rights.
  92. 61 Deduction of contributions equivalent premium from refund of scheme contributions.
  93. 62 No recovery of state scheme premiums from earners etc.
  94. 63 Further provisions concerning calculations relating to premiums.
  95. 64 Actuarial tables for purposes of calculations relating to premiums.
  96. 65 Inclusion of former and future earners for some purposes of this Chapter.
  97. 66 Power to apply certain provisions to widowers.
  98. 67 Non-payment of contributions equivalent premiums.
  99. 68 Unpaid premiums: supplementary.
  100. 69 Scope of Chapter I: the preservation requirements.
  101. 70 Interpretation.
  102. 71 Basic principle as to short service benefit.
  103. 72 No discrimination between short service and long service beneficiaries.
  104. 73 Form of short service benefit and its alternatives.
  105. 74 Computation of short service benefit.
  106. 75 Credits.
  107. 76 Pension increases.
  108. 77 Assignment, surrender and commutation of benefit.
  109. 78 Forfeiture, etc.
  110. 79 Charges, liens and set-offs.
  111. 80 Power to modify ss. 77 to 79 as respects alternative benefits.
  112. 81 Discharge of liability where short service or alternative benefits secured by insurance policies or annuity contracts.
  113. 82 Supplementary regulations.
  114. 83 Scope of Chapter II.
  115. 84 Basis of revaluation.
  116. 85 Revaluation not to apply to substituted benefit.
  117. 86 Supplementary provisions.
  118. 87 General protection principle.
  119. 88 The relevant sum.
  120. 89 The appropriate addition.
  121. 90 The later earnings addition.
  122. 91 Special provision where employment continues after it ceases to be contracted-out by reference to scheme.
  123. 92 Supplementary provisions.
  124. 93 Scope of Chapter 1.
  125. 93A Right to statement of entitlement: benefits other than money purchase
  126. 94 Right to cash equivalent.
  127. 95 Ways of taking right to cash equivalent.
  128. 96 Further provisions concerning exercise of option under s. 95.
  129. 97 Calculation of cash equivalents.
  130. 97A Designation of funded public service defined benefits schemes
  131. 97B Designation of funded public service defined benefits schemes: Scotland
  132. 97C Reduction of cash equivalents in case of designated schemes
  133. 98 Loss of right to cash equivalent
  134. 99 Trustees’ duties after exercise of option.
  135. 99A Trustees' further duties: collective money purchase benefits
  136. 100 Withdrawal of applications.
  137. 100A Prohibition on excluding future accruals etc
  138. 100B Meaning of “scheme rules”: occupational pension schemes
  139. 100C Meaning of “normal pension age” in this Chapter
  140. 100D Interpretation of Chapter
  141. 101 Supplementary provisions.
  142. 101AA Scope of Chapter 5
  143. 101AB Right to cash transfer sum and contribution refund
  144. 101AC Notification of right to cash transfer sum or contribution refund
  145. 101AD Exercise of right under section 101AB
  146. 101AE Permitted ways of using cash transfer sum
  147. 101AF Calculation of cash transfer sum and contribution refund
  148. 101AG Duties of trustees or managers following exercise of right
  149. 101AH Powers of trustees or managers where right not exercised
  150. 101AI Rights under section 101AB: further provisions
  151. 101A Scope of Chapter I.
  152. 101B Interpretation.
  153. 101C Basic principle as to pension credit benefit.
  154. 101D Form of pension credit benefit and its alternatives.
  155. 101E Discharge of liability where pension credit or alternative benefits secured by insurance policies or annuity contracts.
  156. 101F Power to give transfer notice.
  157. 101G Restrictions on power to give transfer notice.
  158. 101H Benefits other than money purchase: statements of entitlement.
  159. 101I Calculation of cash equivalents.
  160. 101J Time for compliance with transfer notice.
  161. 101K Withdrawal of transfer notice.
  162. 101L Variation of the amount required to be used.
  163. 101M Effect of transfer on trustees’ duties.
  164. 101N Matters to be disregarded in calculations.
  165. 101NA Prohibition on excluding transfers of some rights without others etc
  166. 101O Service of notices.
  167. 101P Interpretation of Chapter II.
  168. 101Q Power to modify Chapter II in relation to hybrid schemes.
  169. 102 Scope of Chapter I: annual increase of certain occupational pensions.
  170. 103 Annual increase of later service component.
  171. 104 Annual increase of earlier service component where scheme is in surplus.
  172. 105 Proportional increase where first period is less than 12 months.
  173. 106 Restriction on increase where member is under 55.
  174. 107 Application of Chapter I to pensions not attributable to pensionable service.
  175. 108 No payments to employers from non-complying schemes.
  176. 109 Annual increase of guaranteed minimum pensions.
  177. 110 Requirement as to resources for annual increase of guaranteed minimum pensions.
  178. 111 Voluntary contributions.
  179. 111A Monitoring of employers’ payments to personal pension schemes.
  180. 111B Obtaining information for purposes of section 111A and corresponding Northern Ireland legislation.
  181. 112 Restrictions on investment of scheme’s resources in employer-related assets.
  182. 113 Disclosure of information about schemes to members etc.
  183. 113A Disclosure of information about transfers etc
  184. 113B Occupational pension schemes: requirements to refer members to guidance etc
  185. 114 Additional documents for members etc. and Registrar.
  186. 115 Powers as respects failure to comply with information requirements.
  187. 116 Regulations as to auditors.
  188. 117 Regulations as to form and content of advertisements.
  189. 118 Equal access requirements.
  190. 119 Requirement for independent trustee where employer becomes insolvent etc.
  191. 120 Members’ powers to apply to court to enforce duty under s. 119.
  192. 121 Further provisions as to appointment and powers of independent trustees.
  193. 122 Duty of insolvency practitioner or official receiver to give information to scheme trustees.
  194. 123 Interpretation of Chapter II.
  195. 124 Duty of Secretary of State to pay unpaid contributions to schemes.
  196. 125 Certification of amounts payable under s. 124 by insolvency officers.
  197. 126 Complaint to industrial tribunal.
  198. 127 Transfer to Secretary of State of rights and remedies.
  199. 128 Priority in bankruptcy etc.
  200. 129 Overriding requirements.
  201. 130 Extra-statutory benefits.
  202. 131 Relationship of preservation requirements and scheme rules.
  203. 132 Duty to bring schemes into conformity with indirectly-applying requirements.
  204. 133 Advice of the Board as to conformity of schemes with requirements.
  205. 134 Determination of questions whether schemes conform with requirements.
  206. 135 Persons competent to make applications under s. 134.
  207. 136 Applications to the Board to modify schemes (other than public service schemes).
  208. 137 Persons competent to make applications under s. 136.
  209. 138 Further provisions concerning the Board’s powers under s. 136.
  210. 139 Other functions of the Board as respects modification of schemes.
  211. 140 Effect of orders under ss. 136 and 139.
  212. 141 Modification of public service schemes.
  213. 142 Powers of the Board to wind up schemes.
  214. 143 Winding up of public service schemes.
  215. 144 Deficiencies in the assets of a scheme on winding up.
  216. 145 The Pensions Ombudsman.
  217. 145A Deputy Pensions Ombudsmen
  218. 146 Functions of the Pensions Ombudsman.
  219. 147 Death, insolvency or disability of authorised complainant.
  220. 148 Staying court proceedings where a complaint is made or a dispute is referred.
  221. 149 Procedure on an investigation.
  222. 150 Investigations: further provisions.
  223. 151 Determinations of the Pensions Ombudsman.
  224. 151A Interest on late payment of benefit
  225. 152 Power to make special county court rules.
  226. 153 Power to modify certain provisions of this Act.
  227. 154 Application of enactments as respects personal pension schemes.
  228. 155 Requirement to give information to the Secretary of State or the Board for the purposes of certain provisions.
  229. 156 Information for purposes of contracting-out.
  230. 157 Power of Secretary of State to obtain information in connection with applications under s. 124.
  231. 158 Disclosure of information between government departments etc.
  232. 158A Other disclosures by the Secretary of State.
  233. 159 Inalienability of guaranteed minimum pension ....
  234. 159A No forfeiture on bankruptcy of rights under personal pension schemes.
  235. 160 Terms of contracts of service or schemes restricting choice to be void.
  236. 161 Provisions excluding Chapter II of Part VII to be void.
  237. 162 Removal of restrictions on friendly societies’ pension business.
  238. 163 Exemption of certain schemes from rule against perpetuities.
  239. 164 Crown employment.
  240. 165 Application of certain provisions to cases with foreign element.
  241. 166 Reciprocity with other countries.
  242. 167 Application of general provisions relating to administration of social security.
  243. 168 Breach of regulations.
  244. 168A Offence in connection with the Registrar
  245. 169 Offences by bodies corporate.
  246. 170 Decisions and appeals
  247. 171 Questions arising in proceedings.
  248. 171A Reports by Inland Revenue.
  249. 172 Review of the Board’s determinations.
  250. 173 References and appeals from the Board.
  251. 174 Grants to advisory bodies etc
  252. 175 Levies towards certain expenditure
  253. 176 Fees for official services to schemes.
  254. 177 General financial arrangements.
  255. 178 Trustees and managers of schemes.
  256. 179 Linked qualifying service.
  257. 180 Normal pension age.
  258. 180A Insurer and long-term insurance business
  259. 181 General interpretation.
  260. 181A Interpretation of references to money purchase contracted-out schemes or appropriate schemes after abolition date
  261. 181B Money purchase benefits: supplementary
  262. 182 Orders and regulations (general provisions).
  263. 183 Sub-delegation.
  264. 184 Consultation with Social Security Advisory Committee about regulations under s. 36(6).
  265. 185 Consultations about other regulations.
  266. 186 Parliamentary control of orders and regulations.
  267. 187 Northern Ireland Constitution Act 1973: “reserved matters”.
  268. 188 Repeals.
  269. 189 Transitional provisions and savings.
  270. 190 Prospective and consequential amendments.
  271. 191 Transitory modifications.
  272. 192 Extent.
  273. 193 Short title and commencement.
  274. SCHEDULE 1 The Occupational Pensions Board
  275. SCHEDULE 2 Certification Regulations
  276. SCHEDULE 3 Methods of revaluing accrued pension benefits
  277. SCHEDULE 4 Priority in Bankruptcy etc
  278. SCHEDULE 5 Repeals
  279. SCHEDULE 6 Transitional Provisions and Savings
  280. SCHEDULE 8 Consequential Amendments
  281. SCHEDULE 9 Transitory Modifications
  282. TABLE OF DERIVATIONS

Proposed changes to this act

No one has proposed a change to this act yet.

282 provisions

130 Extra-statutory benefits.

It is hereby declared that— (a) nothing in Part III precludes an occupational pension scheme from providing benefits that are more favourable than those required for contracting-out purposes and, in particular, nothing in section 16(3) is to be taken as preventing the scheme from providing increases above the alternative minima there mentioned; and (b) nothing in the provisions of Chapter 2 of Part 4 or Chapter 1 or 2 of Part 4ZA precludes a scheme from being framed or managed more favourably to beneficiaries than is called for by those provisions.

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131 Relationship of preservation requirements and scheme rules.

It is hereby declared that nothing in Chapter I of Part IV— (a) applies with direct effect to any scheme, or to the rights or liabilities of any person in, under or by virtue of a scheme; or (b) precludes a scheme from being so framed as to provide benefits on any ampler scale, or (subject to any express provision made in that Chapter) payable at any earlier time or otherwise more favourable to beneficiaries, than is called for by the preservation requirements.

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132 Duty to bring schemes into conformity with indirectly-applying requirements.

Where the rules of an occupational pension scheme to which the preservation requirements,... ... apply do not comply with those requirements it shall be the responsibility of— (a) the trustees and managers of the scheme; or (b) in the case of a public service pension scheme, the Minister, government department or other person or body concerned with its administration, to take such steps as are open to them for bringing the rules of the scheme into conformity with those requirements.

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133 Advice of the Board as to conformity of schemes with requirements.

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134 Determination of questions whether schemes conform with requirements.

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135 Persons competent to make applications under s. 134.

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136 Applications to the Board to modify schemes (other than public service schemes).

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137 Persons competent to make applications under s. 136.

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138 Further provisions concerning the Board’s powers under s. 136.

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139 Other functions of the Board as respects modification of schemes.

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140 Effect of orders under ss. 136 and 139.

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141 Modification of public service schemes.

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142 Powers of the Board to wind up schemes.

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143 Winding up of public service schemes.

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144 Deficiencies in the assets of a scheme on winding up.

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145 The Pensions Ombudsman.

(1) For the purpose of conducting investigations in accordance with this Part or any corresponding legislation having effect in Northern Ireland there shall be a commissioner to be known as the Pensions Ombudsman. (2) The Pensions Ombudsman shall be appointed by the Secretary of State and shall hold and vacate office upon such terms and conditions as the Secretary of State may think fit. (3) The Pensions Ombudsman may resign or be removed from office in accordance with those terms and conditions. (4A) The Pensions Ombudsman may (with the approval of the Secretary of State as to numbers) appoint such persons to be employees of his as he thinks fit, on such terms and conditions as to remuneration and other matters as the Pensions Ombudsman may with the approval of the Secretary of State determine. (4B) The Secretary of State may, on such terms as to payment by the Pensions Ombudsman as the Secretary of State thinks fit, make available to the Pensions Ombudsman such additional staff and such other facilities as he thinks fit. (4C) Any function of the Pensions Ombudsman, other than the determination of complaints made and disputes referred under this Part, may be performed by any— (a) employee appointed by the Pensions Ombudsman under subsection (4A), or (b) member of staff made available to him by the Secretary of State under subsection (4B), who is authorised for that purpose by the Pensions Ombudsman. (5) The Secretary of State may— (a) pay to or in respect of the Pensions Ombudsman such amounts by way of remuneration, compensation for loss of office, pension, allowances and gratuities, or by way of provision for any such benefits, as the Secretary of State may determine...; and (b) reimburse him in respect of any expenses incurred by him in the performance of his functions. (6) The Pensions Ombudsman shall prepare a report on the discharge of his functions for each financial year, and shall submit it to the Secretary of State as soon as practicable afterwards. (7) The Secretary of State shall arrange for the publication of each report submitted to him under subsection (6). (8) As soon as is reasonably practicable, the Pensions Ombudsman shall send to the Comptroller and Auditor General a statement of the Pensions Ombudsman’s accounts in respect of a financial year. (9) The Comptroller and Auditor General shall— (a) examine, certify and report on a statement received under this section; and (b) send a copy of the statement and the report to the Secretary of State who shall lay them before Parliament. (10) In this section “financial year” means a period of 12 months ending with 31st March.

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145A Deputy Pensions Ombudsmen

(1) The Secretary of State may appoint one or more persons to act as a deputy to the Pensions Ombudsman (“a Deputy Pensions Ombudsman”). (2) Any such appointment is to be upon such terms and conditions as the Secretary of State thinks fit. (3) A Deputy Pensions Ombudsman— (a) is to hold and vacate office in accordance with the terms and conditions of his appointment, and (b) may resign or be removed from office in accordance with those terms and conditions. (4) A Deputy Pensions Ombudsman may perform the functions of the Pensions Ombudsman— (a) during any vacancy in that office, (b) at any time when the Pensions Ombudsman is for any reason unable to discharge his functions, or (c) at any other time, with the consent of the Secretary of State. (5) References to the Pensions Ombudsman in relation to the performance of his functions are accordingly to be construed as including references to a Deputy Pensions Ombudsman in relation to the performance of those functions. (6) The Secretary of State may— (a) pay to or in respect of a Deputy Pensions Ombudsman such amounts— (i) by way of remuneration, compensation for loss of office, pension, allowances and gratuities, or (ii) by way of provision for any such benefits, as the Secretary of State may determine, and (b) reimburse the Pensions Ombudsman in respect of any expenses incurred by a Deputy Pensions Ombudsman in the performance of any of the Pensions Ombudsman’s functions.

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146 Functions of the Pensions Ombudsman.

(1) The Pensions Ombudsman may investigate and determine the following matters— (a) a complaint made to him by or on behalf of an actual or potential beneficiary of an occupational or personal pension scheme who alleges that he has sustained injustice in consequence of maladministration in connection with any act or omission of a person responsible for the management of the scheme, (b) a complaint made to him— (i) by or on behalf of a person responsible for the management of an occupational pension scheme who in connection with any act or omission of another person responsible for the management of the scheme, alleges maladministration of the scheme, or (ii) by or on behalf of the trustees or managers of an occupational pension scheme who in connection with any act or omission of any trustee or manager of another such scheme, allege maladministration of the other scheme, and in any case falling within sub-paragraph (ii) references in this Part to the scheme to which the complaint relates are references to the other scheme referred to in that sub-paragraph, (ba) a complaint made to him by or on behalf of an independent trustee of a trust scheme who, in connection with any act or omission which is an act or omission either— (i) of trustees of the scheme who are not independent trustees, or (ii) of former trustees of the scheme who were not independent trustees, alleges maladministration of the scheme, (c) any dispute of fact or law ... in relation to an occupational or personal pension scheme between— (i) a person responsible for the management of the scheme, and (ii) an actual or potential beneficiary, and which is referred to him by or on behalf of the actual or potential beneficiary, and (d) any dispute of fact or law ... between the trustees or managers of an occupational pension scheme and— (i) another person responsible for the management of the scheme, or (ii) any trustee or manager of another such scheme, and in a case falling within sub-paragraph (ii) references in this Part to the scheme to which the reference relates are references to each of the schemes, (e) any dispute not falling within paragraph (f) between different trustees of the same occupational pension scheme, (f) any dispute, in relation to a time while section 22 of the Pensions Act 1995 (circumstances in which Regulatory Authority may appoint an independent trustee) applies in relation to an occupational pension scheme, between an independent trustee of the scheme appointed under section 23(1) of that Act and either— (i) other trustees of the scheme, or (ii) former trustees of the scheme who were not independent trustees appointed under section 23(1) of that Act, and (g) any question relating, in the case of an occupational pension scheme with a sole trustee, to the carrying out of the functions of that trustee. (1A) The Pensions Ombudsman shall not investigate or determine any dispute or question falling within subsection (1)(c) to (g) unless it is referred to him— (a) in the case of a dispute falling within subsection (1)(c), by or on behalf of the actual or potential beneficiary who is a party to the dispute, (b) in the case of a dispute falling within subsection (1)(d), by or on behalf of any of the parties to the dispute, (c) in the case of a dispute falling within subsection (1)(e), by or on behalf of at least half the trustees of the scheme, (d) in the case of a dispute falling within subsection (1)(f), by or on behalf of the independent trustee who is a party to the dispute, (e) in the case of a question falling within subsection (1)(g), by or on behalf of the sole trustee. (1B) For the purposes of this Part, any reference to or determination by the Pensions Ombudsman of a question falling within subsection (1)(g) shall be taken to be the reference or determination of a dispute. (2) Complaints and references made to the Pensions Ombudsman must be made to him in writing. (3) For the purposes of this Part, the following persons (subject to subsection (4)) are responsible for the management of an occupational pension scheme or a personal pension scheme— (a) the trustees or managers, and (b) the employer; but, in relation to a person falling within one of those paragraphs, references in this Part to another person responsible for the management of the same scheme are to a person falling within the other paragraph. (3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) Regulations may provide that, subject to any prescribed modifications or exceptions, this Part shall apply in the case of an occupational or personal pension scheme in relation to any prescribed person or body of persons where the person or body— (a) is not a trustee or manager or employer, but (b) is concerned with the financing or administration of, or the provision of benefits under, the scheme, as if for the purposes of this Part he were a person responsible for the management of the scheme (4A) For the purposes of subsection (4) a person or body of persons is concerned with the administration of an occupational or personal pension scheme where the person or body is responsible for carrying out an act of administration concerned with the scheme. (5) The Pensions Ombudsman may investigate a complaint or dispute notwithstanding that it arose, or relates to a matter which arose, before 1st October 1990 (the date on which the provisions under which his office was constituted came into force). (6) The Pensions Ombudsman shall not investigate or determine a complaint or dispute— (a) if, before the making of the complaint or the reference of the dispute— (i) proceedings in respect of the matters which would be the subject of the investigation have been begun in any court or employment tribunal, and (ii) those proceedings are proceedings which have not been discontinued or which have been discontinued on the basis of a settlement or compromise binding all the persons by or on whose behalf the complaint or reference is made; (b) if the scheme is of a description which is excluded from the jurisdiction of the Pensions Ombudsman by regulations under this subsection; or (c) if and to the extent that the complaint or dispute, or any matter arising in connection with the complaint or dispute, is of a description which is excluded from the jurisdiction of the Pensions Ombudsman by regulations under this subsection. (7) The persons who, for the purposes of this Part are actual or potential beneficiaries in relation to a scheme are— (a) a member of the scheme, (b) the widow, widower or surviving civil partner, or any surviving dependant, of a deceased member of the scheme; (ba) a person who is entitled to a pension credit as against the trustees or managers of the scheme; (bb) a person who has given notice in accordance with section 8 of the Pensions Act 2008 (right to opt out of membership of an automatic enrolment scheme); (c) where the complaint or dispute relates to the question— (i) whether a person who claims to be such a person as is mentioned in paragraph (a), (b) , (ba) or (bb) is such a person, or (ii) whether a person who claims to be entitled to become a member of the scheme is so entitled, the person so claiming. (8) In this Part— “employer”, in relation to a pension scheme, includes a person— who is or has been an employer in relation to the scheme, or who is or has been treated under section 181(2) as an employer in relation to the scheme for the purposes of any provision of this Act, or under section 176(2) of the Pension Schemes (Northern Ireland) Act 1993 as an employer in relation to the scheme for the purposes of any provision of that Act; “independent trustee”, in relation to a scheme, means— a trustee of the scheme appointed under section 23(1) of the Pensions Act 1995 (appointment of independent trustee by the Regulatory Authority), a person appointed under section 7(1) of that Act to replace a trustee falling within paragraph (a) or this paragraph; “member”, in relation to a pension scheme, includes a person— who is or has been in pensionable service under the scheme, or who is or has been treated under section 181(4) as a member in relation to the scheme for the purposes of any provision of this Act or under section 176(3) of the Pension Schemes (Northern Ireland) Act 1993 as a member in relation to the scheme for the purposes of any provision of that Act; “Northern Ireland public service pension scheme” means a public service pension scheme within the meaning of section 176(1) of that Act; “pensionable service” in this subsection includes pensionable service as defined in section 176(1) of that Act; “trustees or managers”, in relation to a pension scheme which is a public service pension scheme or a Northern Ireland public service pension scheme, includes the scheme’s administrators.

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147 Death, insolvency or disability of authorised complainant.

(1) Where an actual or potential beneficiary dies or is a minor or is otherwise unable to act for himself, then, unless subsection (3) applies— (a) any complaint or dispute (whenever arising) which the actual or potential beneficiary might otherwise have made or referred under this Part may be made or referred by the appropriate person, and (b) anything in the process of being done by or in relation to the actual or potential beneficiary under or by virtue of this Part may be continued by or in relation to the appropriate person, and any reference in this Part, except this section, to an actual or potential beneficiary shall be construed as including a reference to the appropriate person. (2) For the purposes of subsection (1) “the appropriate person” means— (a) where the actual or potential beneficiary has died, his personal representatives; or (b) in any other case, a member of his family, or some body or individual suitable to represent him. (3) Where a person is acting as an insolvency practitioner in relation to a person by whom, or on whose behalf, a complaint or reference has been made under this Part, investigations under this Part shall be regarded for the purposes of the Insolvency Act 1986 and the Bankruptcy (Scotland) Act 2016 as legal proceedings. (4) In this section “acting as an insolvency practitioner” shall be construed in accordance with section 388 of the Insolvency Act 1986, but disregarding subsection (5) of that section (exclusion of official receiver).

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148 Staying court proceedings where a complaint is made or a dispute is referred.

(1) This section applies where— (a) a complaint has been made or a dispute referred to the Pensions Ombudsman; and (b) any party to the investigation subsequently commences any legal proceedings in any court against any other party to the investigation in respect of any of the matters which are the subject of the complaint or dispute. (2) In England and Wales, where this section applies any party to the legal proceedings may at any time after acknowledgement of service, and before delivering any pleadings or taking any other step in the proceedings, apply to that court to stay the proceedings. (3) In Scotland, where this section applies any party to the legal proceedings may— (a) if the proceedings are in the Court of Session, at any time— (i) after appearance has been entered but before defences have been lodged or any other step in the proceedings has been taken; or (ii) (in procedure by petition) after intimation and service but before answers have been lodged or any other step in the proceedings has been taken; and (b) if the proceedings are in the sheriff court, at any time— (i) after notice has been given of intention to defend but before defences have been lodged or any other step in the proceedings has been taken; or (ii) (in summary cause procedure) after appearance has been made, or notice of intention to appear has been lodged, but before any defence has been stated or any other step in the proceedings has been taken, apply to the court for a sist of process. (4) On an application under subsection (2) or (3) the court may make an order staying or, in Scotland, sisting the proceedings if it is satisfied— (a) that there is no sufficient reason why the matter should not be investigated by the Pensions Ombudsman; and (b) that the applicant was at the time when the legal proceedings were commenced and still remains ready and willing to do all things necessary to the proper conduct of the investigation. (5) For the purposes of this section the parties to an investigation are— (a) the person by whom, or on whose behalf, the complaint or reference has been made, (b) any person responsible for the management of the scheme to which the complaint or reference relates (ba) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (bb) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) any person against whom allegations are made in the complaint or reference; and (d) any person claiming under a person falling within paragraphs (a) to (c).

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149 Procedure on an investigation.

(1) Where the Pensions Ombudsman proposes to conduct an investigation into a complaint made or dispute referred under this Part, he shall give— (a) any person (other than the person by whom, or on whose behalf, the complaint or reference was made) responsible for the management of the scheme to which the complaint or reference relates, and (b) any other person against whom allegations are made in the complaint or reference, an opportunity to comment on any allegations contained in the complaint or reference. (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (1B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) The Secretary of State may make rules with respect to the procedure which is to be adopted in connection with the making of complaints, the reference of disputes, and the investigation of complaints made and disputes referred, under this Part. (3) The rules may include provision— (a) requiring any oral hearing held in connection with such an investigation to take place in public, except in such cases as may be specified in the rules; ... (b) as to the persons entitled to appear and be heard on behalf of parties to an investigation, as defined in section 148(5); and (ba) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) for the payment by the Ombudsman of such travelling and other allowances (including compensation for loss of remunerative time) as the Secretary of State may determine, to— (i) actual or potential beneficiaries of a scheme to which a complaint or reference relates, or (ii) persons appearing and being heard on behalf of such actual or potential beneficiaries, who attend at the request of the Ombudsman any oral hearing held in connection with an investigation into the complaint or dispute.... (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) Subject to any provision made by the rules, the procedure for conducting such an investigation shall be such as the Pensions Ombudsman considers appropriate in the circumstances of the case; and he may, in particular, obtain information from such persons and in such manner, and make such inquiries, as he thinks fit. (5) The Pensions Ombudsman may disclose any information which he obtains for the purposes of an investigation under this Part to any person to whom subsection (6) applies, if the Ombudsman considers that the disclosure would enable or assist that person to discharge any of his functions. (6) This subsection applies to the following— (a) the Regulatory Authority, (b) the Board of the Pension Protection Fund, (ba) the Ombudsman for the Board of the Pension Protection Fund, (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (d) any department of the Government (including the government of Northern Ireland), (e) the Financial Conduct Authority, (ea) the Prudential Regulation Authority, (eb) the Bank of England (acting otherwise than in its capacity as the Prudential Regulation Authority), (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (h) a person appointed under— (i) Part 14 of the Companies Act 1985, (ii) section 167 of the Financial Services and Markets Act 2000, (iii) subsection (3) or (5) of section 168 of that Act, or (iv) section 284 of that Act, to conduct an investigation; (j) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (k) a body designated under section 326(1) of the Financial Services and Markets Act 2000; ... (l) a recognised investment exchange , recognised clearing house, EEA central counterparty , third country central counterparty, recognised CSD, EEA CSD or third country CSD (as defined by section 285 of that Act). (n) a person who, in a member State other than the United Kingdom, has functions corresponding to functions of the Pensions Ombudsman. (o) the body corporate mentioned in paragraph 2 of Schedule 17 to the Financial Services and Markets Act 2000 (the scheme operator of the ombudsman scheme); (p) an ombudsman as defined in paragraph 1 of that Schedule (interpretation). (7) The Secretary of State may by order— (a) amend subsection (6) by adding any person or removing any person for the time being specified in that subsection, or (b) restrict the circumstances in which, or impose conditions subject to which, disclosure may be made to any person for the time being specified in that subsection. (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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150 Investigations: further provisions.

(1) For the purposes of an investigation under this Part or under any corresponding legislation having effect in Northern Ireland, the Pensions Ombudsman may require— (a) any person responsible for the management of the scheme to which the complaint or reference relates, or (b) any other person who, in his opinion is able to furnish information or produce documents relevant to the investigation, to furnish any such information or produce any such documents. (2) For the purposes of any such investigation the Pensions Ombudsman shall have the same powers as the court in respect of the attendance and examination of witnesses (including the administration of oaths and affirmations and the examination of witnesses abroad) and in respect of the production of documents. (3) No person shall be compelled for the purposes of any such investigation to give any evidence or produce any document which he could not be compelled to give or produce in civil proceedings before the court. (4) If any person without lawful excuse obstructs the Pensions Ombudsman in the performance of his functions or is guilty of any act or omission in relation to an investigation under this Part which, if that investigation were a proceeding in the court, would constitute contempt of court, the Pensions Ombudsman may certify the offence to the court. (5) Where an offence is certified under subsection (4) the court may inquire into the matter and, after hearing any witnesses who may be produced against or on behalf of the person charged with the offence and hearing any statement that may be offered in defence, deal with him in any manner in which the court could deal with him if he had committed the like offence in relation to the court. (6) To assist him in an investigation, the Pensions Ombudsman may obtain advice from any person who in his opinion is qualified to give it and may pay to any such person such fees or allowances as he may with the approval of the Treasury determine. (7) The Pensions Ombudsman may refer any question of law arising for determination in connection with a complaint or dispute to the High Court or, in Scotland, the Court of Session. (8) In this section “the court” means— (a) in England and Wales, the county court; (b) in Scotland, the sheriff. (9) Subsections (4) and (5) shall be construed, in their application to Scotland, as if contempt of court were categorised as an offence in Scots law.

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151 Determinations of the Pensions Ombudsman.

(1) Where the Pensions Ombudsman has conducted an investigation under this Part he shall send a written statement of his determination of the complaint or dispute in question— (a) to the person by whom, or on whose behalf, the complaint or reference was made, and (b) to any person (if different) responsible for the management of the scheme to which the complaint or reference relates... (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and any such statement shall contain the reasons for his determination. (2) Where the Pensions Ombudsman makes a determination under this Part or under any corresponding legislation having effect in Northern Ireland, he may direct any person responsible for the management of the scheme to which the complaint or reference relates to take, or refrain from taking, such steps as he may specify in the statement referred to in subsection (1) or otherwise in writing. (3) Subject to subsection (4), the determination by the Pensions Ombudsman of a complaint or dispute, and any direction given by him under subsection (2), shall be final and binding on— (a) the person by whom, or on whose behalf, the complaint or reference was made, (b) any person (if different) responsible for the management of the scheme to which the complaint or reference relates, and (ba) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (bb) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) any person claiming under a person falling within paragraph (a) or (b) ... (4) An appeal on a point of law shall lie to the High Court or, in Scotland, the Court of Session from a determination or direction of the Pensions Ombudsman at the instance of any person falling within paragraphs (a) to (c) of subsection (3). (5) Any determination or direction of the Pensions Ombudsman shall be enforceable— (a) in England and Wales, in the county court as if it were a judgment or order of that court, and (b) in Scotland, in like manner as an extract registered decree arbitral bearing warrant for execution issued by the sheriff court of any sheriffdom in Scotland. (6) If the Pensions Ombudsman considers it appropriate to do so in any particular case, he may publish in such form and manner as he thinks fit a report of any investigation under this Part and of the result of that investigation. (7) For the purposes of the law of defamation, the publication of any matter by the Pensions Ombudsman— (a) in submitting or publishing a report under section 145(6) or subsection (6) of this section (aa) in disclosing any information under section 149(5), or (b) in sending to any person a statement under subsection (1) or a direction under subsection (2), shall be absolutely privileged.

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151A Interest on late payment of benefit

Where under this Part the Pensions Ombudsman directs a person responsible for the management of an occupational or personal pension scheme to make any payment in respect of benefit under the scheme which, in his opinion, ought to have been paid earlier, his direction may also require the payment of interest at the prescribed rate

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152 Power to make special county court rules.

(1) The Secretary of State may make rules— (a) regulating the practice, and the forms of proceedings, which are to be followed in the county court in any proceedings under or by virtue of this Part; and (b) prescribing the scales of costs to be paid in connection with any such proceedings. (2) Without prejudice to the generality of subsection (1), rules under this section may, to any extent and with or without modifications, apply any rules of court to proceedings under or by virtue of this Part.

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153 Power to modify certain provisions of this Act.

(1) The Secretary of State may by regulations direct that Chapters 2 and 3 of Part 4 and Chapter 1 of Part 4ZA ... shall have effect, in such cases as he may specify in the regulations, subject to such modifications as he may specify. (2) Regulations may modify Chapter I of Part IV— (a) in its application to cases where an earner is for the time being, or has been, employed in pensionable service under, or in contracted-out employment by reference to, different schemes applying to the same employment; (b) in such manner as the Secretary of State thinks fit for securing that the preservation requirements include requirements for provision to be made in a scheme as to the preservation of a member’s benefit in the event of the scheme being wound up; (c) without prejudice to paragraph (a) or (b), so that the preservation requirements apply with such modifications and exceptions as the Secretary of State considers to be necessary for particular cases or classes of case; and regulations under paragraph (a) may relate to service under or, as the case may be, by reference to different schemes at the same time, or at different times. [(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) The Secretary of State may make regulations modifying ... section 129 (so far as it applies to that Chapter) or section 144, in their application— (a) to any occupational pension scheme which applies to earners in employments under different employers; (b) to any occupational pension scheme of which there are no members who are in pensionable service under the scheme; or (c) to any case where a partnership is the employer, or one of the employers, in relation to an occupational pension scheme; ... (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (8) The Secretary of State may by order provide that any enactment in Chapter II of Part VII which is specified in the order— (a) shall not apply to persons or to employments of such classes as may be prescribed in the order; or (b) shall apply to persons or employments of such classes as may be so prescribed subject, but without prejudice to paragraph (a), to such exceptions or modifications as may be so prescribed; and in this subsection “employments” has the same meaning as in that Chapter.

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154 Application of enactments as respects personal pension schemes.

(1) Regulations may provide that any provision of this Act or of sections 22 to 26 and 40 of the Pensions Act 1995 which relates to occupational pension schemes (other than a provision to which subsection (2) applies) shall have effect in relation to personal pension schemes subject to prescribed modifications. (2) This subsection applies to section 66, section 111 so far as it relates to occupational pension schemes, (and Part VIII and section 153 so far as they have effect for the purposes of section 111 as it so relates), sections 117, 123 to 127, 155, 157, 160 and 161.

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155 Requirement to give information to the Secretary of State or the Board for the purposes of certain provisions.

Regulations may require the furnishing by prescribed persons to the Secretary of State or the Inland Revenue ... of such information as he or they require for the purposes of ... Part III, section 111 (and Part VIII and section 153 so far as they have effect for the purposes of section 111) and section 117.

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156 Information for purposes of contracting-out.

(1) The Secretary of State or the Inland Revenue may give to the trustees or managers of an occupational pension scheme or a personal pension scheme which was an appropriate scheme before the first abolition date such information as appears to the Secretary of State or Inland Revenue appropriate to give to them for the purpose of enabling them to comply with their obligations under Part III. (2) The Secretary of State or Inland Revenue may also give to such persons as may be prescribed any information that they could give under subsection (1) to trustees or managers of a scheme.

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157 Power of Secretary of State to obtain information in connection with applications under s. 124.

(1) Where an application is made to the Secretary of State under section 124 in respect of contributions to an occupational pension scheme or personal pension scheme falling to be made, by an employer, the Secretary of State may require— (a) the employer to provide him with such information as the Secretary of State may reasonably require for the purpose of determining whether the application is well founded; and (b) any person having the custody or control of any relevant records or other documents to produce for examination on behalf of the Secretary of State any such document in that person’s custody or under his control which is of such a description as the Secretary of State may require. (2) Any such requirement shall be made in writing given to the person on whom the requirement is imposed and may be varied or revoked by a subsequent notice so given. (3) If a person refuses or wilfully neglects to furnish any information or produce any document which he has been required to furnish or produce by a notice under this section he shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale. (4) If a person, in purporting to comply with a requirement of a notice under this section, knowingly or recklessly makes any false statement, he shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale. (5) This section shall be construed as if it were in Chapter II of Part VII.

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158 Disclosure of information between government departments etc.

(1) No obligation as to secrecy imposed by statute or otherwise on Revenue and Customs officials shall prevent information obtained or held in connection with the assessment or collection of income tax from being disclosed— (a) to the Secretary of State, (b) to the Department of Health and Social Services for Northern Ireland, or (c) to an officer of either of them authorised to receive such information, in connection with the operation of this Act (except Chapter II of Part VII and sections 157 and 161) or of any corresponding enactment of Northern Ireland legislation. (1A) No obligation as to secrecy imposed by statute or otherwise on Revenue and Customs officials shall prevent information obtained or held for the purposes of Part III of this Act from being disclosed— (a) to the Secretary of State, (b) to the Department of Health and Social Services for Northern Ireland, or (c) to an officer of either of them authorised to receive such information, in connection with the operation of this Act or of any corresponding enactment of Northern Ireland legislation. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) In relation to persons who are carrying on or have carried on wholly or partly in the United Kingdom a trade, profession or vocation income from which is chargeable to tax under Part 2 of the Income Tax (Trading and Other Income) Act 2005 or Case I or II of Schedule D, disclosure under subsection (1) relating to that trade, profession or vocation shall be limited to information about the commencement or cessation of, and employed earners engaged in, that trade, profession or vocation, but sufficient information may also be given to identify the persons concerned. (5) Subsections (1) and (1A) extend only to disclosure by or under the authority of the Inland Revenue. (6) ... , information which is the subject of disclosure to any person by virtue of subsection (1) or (1A), ... shall not be further disclosed to any other person, except where the further disclosure is made— (a) to a person to whom disclosure could by virtue of this section have been made by or under the authority of the Inland Revenue; or (b) for the purposes of any civil or criminal proceedings in connection with the operation of this Act (except Chapter II of Part VII and sections 157 and 161); or (c) for the purposes of Chapter II of Part I of the Social Security Act 1998 or any corresponding provisions of Northern Ireland legislation; ... or (ca) for the purposes of Part II of the Social Security Contributions (Transfer of Functions, etc.) Act 1999 or any corresponding provisions of Northern Ireland legislation. (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (9) In this section “Revenue and Customs officials” has the meaning given by section 18 of the Commissioners for Revenue and Customs Act 2005 (confidentiality).

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158A Other disclosures by the Secretary of State.

(1) The Secretary of State may, in spite of any obligation as to secrecy or confidentiality imposed by statute or otherwise on him or on persons employed in the Department for Work and Pensions, disclose any regulated information to any person specified in the first column of the following Table if he considers that the disclosure would enable or assist the person to discharge the functions specified in relation to the person in the second column of the Table. TABLE Persons | Functions . . . | . . . The Bank of England. | Any of its functions , apart from its functions as the Prudential Regulation Authority. The Financial Conduct Authority | Any of its functions. The Prudential Regulation Authority | Any of its functions. The Regulatory Authority. | Functions under this Act , the Pensions Act 1995, the Welfare Reform and Pensions Act 1999 or the Pensions Act 2004 or any enactment in force in Northern Ireland corresponding to any of those enactments. The Pensions Ombudsman. | Functions conferred by or by virtue of this Act or any enactment in force in Northern Ireland corresponding to it. The Board of the Pension Protection Fund. | Functions conferred by or by virtue of Part 2 of the Pensions Act 2004 or any enactment in force in Northern Ireland corresponding to that Part. The Ombudsman for the Board of the Pension Protection Fund. | Functions conferred by or by virtue of Part 2 of the Pensions Act 2004 or any enactment in force in Northern Ireland corresponding to that Part. A person appointed under— section 167 of the Financial Services and Markets Act 2000, subsection (3) or (5) of section 168 of that Act, or section 284 of that Act, to conduct an investigation. | Functions in relation to that investigation A body designated under section 326(1) of the Financial Services and Markets Act 2000. | Functions in its capacity as a body designated under that section. A recognised investment exchange , recognised clearing house, EEA central counterparty, third country central counterparty, recognised CSD, EEA CSD or third country CSD (as defined by section 285 of that Act). | Functions in its capacity as an exchange , clearing house or central securities depository recognised under that Act or as an EEA central counterparty or EEA CSD authorised by the competent authority of the EEA State in which it is established, or as a third country central counterparty or third country CSD recognised by the European Securities and Markets Authority established by Regulation (EU) No 1095/2010. . . . | . . . . . . | . . . . . . | . . . . . . | . . . . . . | . . . . . . | . . . (1AA) In subsection (1), “regulated information” means information received by the Secretary of State in connection with his functions under— (a) this Act, (b) the Pensions Act 1995, or (c) the Pensions Act 2004, other than information supplied to him under section 235(2) of, or paragraph 2 of Schedule 10 to, the Pensions Act 2004 (supply of information for retirement planning purposes etc). (1A) The Inland Revenue may, in spite of any obligation as to secrecy or confidentiality imposed by statute or otherwise on them or on their officers, disclose any information received by them in connection with their functions under Part III of this Act to any person specified in the first column of the Table in subsection (1) if they consider that the disclosure would enable or assist the person to discharge the functions specified in relation to the person in the second column of the Table. (2) The Secretary of State may by order— (a) amend the Table in subsection (1) by— (i) adding any person exercising regulatory functions and specifying functions in relation to that person, (ii) removing any person for the time being specified in the Table, or (iii) altering the functions for the time being specified in the Table in relation to any person, or (b) restrict the circumstances in which, or impose conditions subject to which, disclosure may be made to any person for the time being specified in the Table

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159 Inalienability of guaranteed minimum pension ....

(1) Where— (a) a person is entitled or prospectively entitled to a guaranteed minimum pension under an occupational pension scheme ... ; and (b) his entitlement is in respect of his or another person’s service in employment which was contracted-out by reference to that scheme; then— (i) every assignment of or charge on that pension ... , and (ii) every agreement to assign or charge that pension ... , shall be void. (2) In subsection (1), the references to assignments of and agreements to assign a guaranteed minimum pension do not include references to any assignment of or agreement to assign a policy of insurance or annuity contract in accordance with conditions prescribed by regulations under section 19(4)(b). (3) Subsection (1) has effect whether or not the assignment, charge or agreement was made at a time when the employment was contracted-out employment or the scheme was a contracted-out scheme in relation to the employment. (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4A) Where a person is entitled or prospectively entitled as is mentioned in subsection (1), no order shall be made by any court the effect of which would be that he would be restrained from receiving anything the assignment of which is or would be made void by that subsection. (4B) Subsection (4A) does not prevent the making of an attachment of earnings order under the Attachment of Earnings Act 1971. (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) In the application of this section to Scotland— (a) references to assignment shall be construed as references to assignation and “assign” shall be construed accordingly; and (b) the reference to a person’s bankruptcy shall be construed as a reference to the sequestration of his estate or the appointment on his estate of a judicial factor under section 41 of the Solicitors (Scotland) Act 1980.

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159A No forfeiture on bankruptcy of rights under personal pension schemes.

(1) A person’s rights under a personal pension scheme cannot be forfeited by reference to his bankruptcy. (2) For the purposes of this section— (a) a person shall be treated as having a right under a personal pension scheme where— (i) he is entitled to a credit under section 29(1)(b) of the Welfare Reform and Pensions Act 1999 (sharing of rights on divorce etc. or on dissolution etc. of a civil partnership), (ii) he is so entitled as against the person responsible for the scheme (within the meaning of Chapter I of Part IV of that Act), and (iii) the person so responsible has not discharged his liability in respect of the credit; and (b) forfeiture shall be taken to include any manner of deprivation or suspension.

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160 Terms of contracts of service or schemes restricting choice to be void.

(1) Subject to such exceptions as may be prescribed— (a) any term of a contract of service (whenever made) or any rule of a personal or occupational pension scheme to the effect that an employed earner must be a member— (i) of a personal or occupational pension scheme, (ii) of a particular personal or occupational pension scheme, or (iii) of one or other of a number of particular personal or occupational pension schemes, shall be void; and (b) any such term or rule to the effect that contributions shall be paid by or in respect of an employed earner— (i) to a particular personal or occupational pension scheme of which the earner is not a member, or (ii) to one or other of a number of personal or occupational pension schemes of none of which he is a member, shall be unenforceable for so long as he is not a member of the scheme or any of the schemes. (2) Subsection (1) shall not be construed so as to have the effect that an employer is required, when he would not otherwise be— (a) to make contributions to a personal or occupational pension scheme; or (b) to increase an employed earner’s pay in lieu of making contributions to a personal or occupational pension scheme.

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161 Provisions excluding Chapter II of Part VII to be void.

Any provision in an agreement (whether a worker's contract or not) shall be void in so far as it purports— (a) to exclude or limit the operation of any provision of Chapter II of Part VII of this Act; or (b) to preclude any person from presenting a complaint to, or bringing any proceedings before, an industrial tribunal under that Chapter.

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162 Removal of restrictions on friendly societies’ pension business.

(1) The Secretary of State may make such regulations as he thinks appropriate for enabling a friendly society to conduct group insurance business with a view to the establishment of occupational pension schemes or personal pension schemes. (2) The power to make regulations under this section shall extend to enabling friendly societies to conduct group insurance business freed from any restrictions of the relevant legislation as to the amounts which a member, or a person claiming through a member, is entitled to receive from any one or more societies or branches. (3) Regulations under this section may include such adaptations and modifications of the relevant legislation, and such other supplementary and incidental provisions, as the Secretary of State considers to be necessary or expedient for achieving the purposes referred to in subsection (1). (4) In this section— (a) “the relevant legislation” means the Friendly Societies Act 1974, the Friendly Societies Act 1992 andsection 464 of the Income and Corporation Taxes Act 1988; (b) “friendly society”, has the same meaning as in the Friendly Societies Act 1992; and (c) “group insurance business” means— (i) in relation to a registered friendly society, group insurance business within the meaning of section 65A of the Friendly Societies Act 1974, and (ii) in relation to an incorporated friendly society, group insurance business within the meaning of section 11 of the Friendly Societies Act 1992, and in this paragraph “registered friendly society” and “incorporated friendly society” have the same meaning as in that Act of 1992.

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163 Exemption of certain schemes from rule against perpetuities.

(1) The rules of law relating to perpetuities shall not apply to the trusts of, or any disposition made under or for the purposes of a personal or occupational pension scheme at any time when this section applies to it. (2) This section applies to— (a) a public service pension scheme; (b) an occupational pension scheme which is a contracted-out scheme in relation to any employment; (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ; and (d) an occupational or personal pension scheme which satisfies prescribed requirements. (3) Subsection (1) applies whether the trusts or dispositions in question are created or made before or after this section first applies to the scheme, but this section does not validate with retrospective effect any trusts or dispositions which the rules of law relating to perpetuities (including, where applicable, section 3(1) of the Perpetuities and Accumulations Act 1964 (“wait and see”)) already require to be treated as void before this section applies to the scheme. (4) Regulations under subsection (2)(d) may require a scheme— (a) to contain provisions in any prescribed form, or to any prescribed effect; or (b) to be a registered pension scheme under section 153 of the Finance Act 2004 or to be a scheme that may be expected to satisfy the conditions for registration. (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) Regulations may include provision by which a scheme (other than a public service pension scheme) to which this section ceases to apply may nevertheless be treated as continuing to be a scheme to which it applies for a period of two years from its ceasing to be such a scheme, or for such longer period as the ... Secretary of State ... considers to be reasonable in the case of a particular scheme. (7) If this section ceases to apply to a scheme, trusts created and dispositions made under it or for its purposes shall then again be subject to the rules of law relating to perpetuities as if this section had never applied to it. (8) Subsection (7) is without prejudice to any rights which vested while this section applied. (9) Regulations may provide for a scheme, whose fund was registered under the Superannuation and other Trust Funds (Validation) Act 1927 immediately before the repeal of that Act took effect, to retain the benefit of that Act subject to prescribed conditions and either indefinitely or for a prescribed period.

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164 Crown employment.

(1) Subject to subsection (3), the following provisions shall apply to persons employed by or under the Crown in like manner as if such persons were employed by a private person— (a) Chapter I of Part IV and the other provisions of this Act, so far as they relate to the preservation requirements; (b) the remaining provisions of this Act except for— (i) sections ...... 153(2), 158(1) to (5), 162, 163, ... and 176...; (ii) Chapter II of Part VII and sections 157 and 161; (iii) section 166 and the provisions mentioned in subsection (2). (2) A person who is employed by or under the Crown shall be treated as an employed earner for the purposes of— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) sections 43 and 45; (c) section 48, so far as it relates to minimum contributions; (d) sections 117, 154 and 155; and (e) sections 160 and 166. (3) So far as subsection (1) relates to the provisions within paragraph (b) of that subsection, it does not apply to a person who is serving as a member of Her Majesty’s forces. (4) Subject to subsections (3) and (5), a person who is serving as a member of Her Majesty’s forces shall, while he is so serving, be treated for the purposes of the provisions within subsection (1)(b) and those within subsection (2) (except for sections 154 and 166) as an employed earner in respect of his membership of those forces. (5) The Secretary of State may make regulations modifying sections 41, 42, 46(1), 47(2) and (5) and 48 in such manner as he thinks proper, in their application to persons who are or have been members of Her Majesty’s forces. (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7) For the purposes of this section Her Majesty’s forces shall be taken to consist of such establishments and organisations as may be prescribed, being establishments and organisations in which persons serve under the control of the Defence Council.

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165 Application of certain provisions to cases with foreign element.

(1) Regulations may modify the provisions mentioned in subsection (2) in such manner as the Secretary of State thinks proper, in their application to any person who is, or has been, or is to be— (a) employed on board any ship, vessel, hovercraft or aircraft; (b) outside Great Britain at any prescribed time or in any prescribed circumstances; or (c) in prescribed employment in connection with continental shelf operations. (2) The provisions referred to in subsection (1) are— (a) Part III, section 111 (and Part VIII and section 153 so far as they have effect for the purposes of section 111), sections 117, 154 and 155 ... and sections 160 and 166; and (b) sections 41 and 42, subsections (1), (6) and (7) of section 46 (and subsection (8) of that section so far as it has effect for the purposes of those subsections), and sections 47(2) and (5) and 48. (3) Subject to subsection (4), regulations under subsection (1) may in particular provide— (a) for any of those provisions to apply to any such person, notwithstanding that it would not otherwise apply; (b) for any such provision not to apply to any such person, notwithstanding that it would otherwise apply; (c) for excepting any such person from the application of any such provision where he neither is domiciled nor has a place of residence in any part of Great Britain; (d) for the taking of evidence, for the purposes of the determination of any question arising under any such provision, in a country or territory outside Great Britain, by a British consular official or such other person as may be determined in accordance with regulations. (4) Paragraph (b) of subsection (3) does not apply as respects the application of the provisions mentioned in subsection (2)(b) and paragraphs (a), (c) and (d) of that subsection do not apply as respects the application of those provisions to such persons as are mentioned in paragraph (b) or (c) of subsection (1). (5) Without prejudice to the generality of subsection (1)(c), regulations made by virtue of that subsection as respects any provision mentioned in subsection (2)(b) may provide for that provision to apply to such a person as is mentioned in that subsection notwithstanding that he does not fall within the description of an employed or self-employed earner or does not fulfil conditions as to residence or presence in Great Britain. (6) Without prejudice to the generality of section 153(2)(c), regulations may modify Chapter I of Part IV in relation to schemes with any overseas element, that is to say, schemes established, or relating to employment, or with parties domiciled, resident or carrying on business, in any part of the world outside the United Kingdom, or otherwise not confined in their operation to the United Kingdom. (7) Chapter II of Part VII and section 157 do not apply to employment where under his worker’s contract the worker ordinarily works outside the territory of the member States, but section 201 of the Employment Rights Act 1996 (power to extend employment protection legislation) applies to Chapter II of Part VII and section 157 as it does to the provisions of that Act. (8) In this section— “continental shelf operations” means any activities which, if paragraphs (a) and (d) of subsection (8) of section 11 of the Petroleum Act 1998 (application of civil law to certain off-shore activities) were omitted, would nevertheless fall within subsection (2) of that section; ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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