Proposed amendments
110 amendments across 30 provisions
Clause 1 6
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is not a relevant centralised scheme, and
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““AVC only scheme” means an occupational pension scheme which provides no money purchase benefits other than benefits which are attributable to additional voluntary contributions;”
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““relevant centralised scheme” has the same meaning as in regulation 1(2) of the Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations 2006;”
Clause 3 1
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Clause 4 5
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the scheme’s member engagement strategy.”
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the scheme’s policies relating to systems and processes requirements as set out in regulations under section 11;
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the scheme’s member engagement strategy.”
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Clause 5 1
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“Decision on application: regulator’s financial resources
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Clause 7 5
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The first regulations that are made under subsection (4) are subject to affirmative resolution procedure.”
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Regulations under this section may require the Pensions Regulator to review from time to time whether the persons mentioned in subsections (2)(a) to (h) and (3)(a) and (b) remain fit and proper persons to act in relation to the relevant scheme in the capacity mentioned.”
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Clause 8 6
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The first regulations that are made under this section are subject to affirmative resolution procedure.”
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“Scheme funder of last resort
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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The assessment under subsection (2)(b) of whether a scheme has sufficient financial resources may not take account of resources related to benefits other than money purchase benefits.”
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“Scheme funding: triggering events
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Clause 9 2
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The first regulations that are made under this section are subject to affirmative resolution procedure.”
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Clause 10 6
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Clause 11 9
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The regulations may include provision—
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The first regulations that are made under this section are subject to affirmative resolution procedure.”
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the identification, reporting, management and minimising of any conflicts of interest in relation to the work of the trustees.”
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Regulations must set minimum requirements for each of the processes listed in subsection (4)(a) to (g) for the purposes of authorisation.”
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The scheme must set out a communication strategy to define how it will communicate with members.”
Clause 12 7
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The first regulations that are made under this section are subject to affirmative resolution procedure.”
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A continuity strategy must set down what protections are afforded to non-money purchase benefits.”
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A continuity strategy must demonstrate that members’ funds cannot, in any circumstances, be used in whole or in part to pay for the costs of any wind up of the scheme.”
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The first regulations made under this section are subject to the affirmative resolution procedure.
Clause 13 1
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“Requirement to hold annual member meeting
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Clause 14 3
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For the purposes of this section, the “annual statement” means the annual statement prepared under regulation 22 of the Occupational Pension Schemes (Charges and Governance) Regulations 2015 (additional requirements for relevant multi-employer schemes).”
Clause 16 3
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The first regulations that are made under subsection (3) are subject to affirmative resolution procedure.”
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Clause 22 1
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Clause 23 1
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Clause 24 6
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for the purpose of giving effect to continuity option 1 when the trustees have not been able to identify a Master Trust scheme to which members’ accrued rights and benefits may be transferred;
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specifying any requirements for putting in place a new scheme funder in relation to the Master Trust scheme for the purposes of section 23(5).”
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“except where the Pensions Regulator is satisfied that continuity is best achieved by the substitution of a new funder.”
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for the purpose of giving effect to continuity option 1 when the trustees have not been able to identify a Master Trust scheme to which members’ accrued rights and benefits may be transferred;
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to prohibit the use of member funds to meet the costs of transferring out of and winding up of Master Trust schemes.”
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Clause 25 1
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Clause 26 1
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Clause 27 1
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Clause 28 2
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Clause 31 5
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“is to be held in escrow or otherwise held for the member under such arrangements with the Pensions Regulator as are specified by regulations (except where the amount is an unauthorised payment, in which case it is to be repaid to the member in question by the employer);”
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a direction that no benefits (or no specified benefits) are to be paid to or in respect of any members (or any specified members) under the scheme rules;”
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amounts recoverable from HMRC in respect of tax relief on contributions due under relief at source arrangements, or
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““pension credit” means a credit under section 29(1)(b) of the Welfare Reform and Pensions Act 1999 or under corresponding Northern Ireland legislation;”
Clause 36 1
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“Fraud compensation
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Clause 37 1
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The Secretary of State may by regulations make provision that is consequential upon any provision of this Part.
Clause 38 1
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Clause 39 1
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Clause 40 4
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“Offence of unsolicited communications to members of pension schemes
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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“Automatic transfer of pension benefits, etc
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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“Calculation of pension scheme liabilities
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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“Secondary Annuity Market for pensions savings
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Clause 43 1
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The Secretary of State may not make regulations under subsection (2) bringing Part 1 into force unless the Secretary of State has laid before each House of Parliament a comprehensive assessment of the impact of Part 1.”
Schedule 1 4
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a direction under section 31(5)(ca) does not prevent the payment becoming due.”
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payments relating to ill health.”
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Regulations under sub-paragraph (6) override any provision of the Master Trust scheme, to the extent that there is a conflict.”
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Schedule 2 12
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For the avoidance of doubt, in these circumstances no costs incurred by the scheme are to be borne by members.”
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“3A Existing Master Trust schemes: pause orders
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In the case of a notification under subsection (5) relating to an existing Master Trust scheme, the notification must also include an explanation that the decision is a triggering event for the purposes of sections 20 to 33A, and of the trustees’ duties under those sections.
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in subsection (2)—
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in subsection (2)(a)—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
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in subsection (2)—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
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Section 28 (duty to pursue continuity option) has effect as if, in subsection (3)(a), after “2” there were inserted “, 2A”.”
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in subsection (1)—
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in subsection (1)—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
Schedule 3 12
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In section 93(2) (“regulatory functions” of the Regulator subject to procedure), omit the “and” at the end of paragraph (p) and after that paragraph insert—
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The power to give a direction under section 28(4) (direction to pursue continuity option).”