Register of Occupational and Personal Pension Schemes Regulations 1990

JurisdictionUK Non-devolved
CitationSI 1990/2278

1990 No. 2278

PENSIONS

The Register of Occupational and Personal Pension Schemes Regulations 1990

Made 15th November 1990

Laid before Parliament 23th November 1990

The Secretary of State for Social Security, in exercise of the powers conferred by section 166(1) to (3A) of the Social Security Act 19751, section 59K of the Social Security Pensions Act 19752and section 54(1) of the Social Security Act 19863and of all other powers enabling him in that behalf, by this instrument, which contains only regulations made by virtue of or consequential upon section 13 of the Social Security Act 1990 and which is made before the end of the period of 6 months beginning with the coming into force of that section4, makes the following Regulations:—

S-1 Citation, extent, commencement and interpretation

Citation, extent, commencement and interpretation

1.—(1) These Regulations may be cited as the Register of Occupational and Personal Pension Schemes Regulations 1990.

(2) Regulations 2, 3 and 6, and this regulation in so far as it applies to those regulations, extend to Northern Ireland.

(3) These Regulations, except for regulation 6, shall come into force on 1st January 1991, and regulation 6 shall come into force on 1st April 1991.

(4) In these Regulations —

“active member” means —

(a) a member of a registrable scheme by or in respect of whom contributions are payable to the scheme; or

(b) in the case of a registrable scheme which is an occupational pension scheme, a member whose employment in the United Kingdom qualifies him for benefits under the scheme (whether or not contributions are currently payable to the scheme by or in respect of him) other than only benefits payable on his death while in that employment;

“address of the scheme” means the place in the United Kingdom, or if more than one, the principal place, at which the management of the scheme is conducted;

“closed scheme” means a registrable scheme to which no new members may be admitted, but to which contributions are payable by or in respect of, and benefits accrue to, existing members;

“employment in the United Kingdom” means —

(a) the employment of members in the United Kingdom; or

(b) the employment of members elsewhere in circumstances where —

(i) they are liable to make primary Class 1 contributions within the meaning of section 1(2) of the Social Security Act 1975 or section 1(2) of the Social Security (Northern Ireland) Act 19755(outline of contributory system); or

(ii) would be so liable but for the fact that their income falls below the lower earnings limit within the meaning of section 4 of the Social Security Act 1975 or, as the case may be, section 4 of the Social Security (Northern Ireland) Act 1975 (incidence of Class 1 contributions);

“insured scheme” means a registrable scheme the benefits of which are secured by one or more policies of insurance or annuity contracts and which is managed by the insurance company which issued the policy or contract;

“open scheme” means a registrable scheme which has active members and to which new members may be admitted;

“paid up or frozen scheme” means a registrable scheme under which benefits continue to be payable to existing members and to which —

(a) no new members may be admitted;

(b) no further contributions are payable by or in respect of existing members; and

(c) no further benefits accrue to existing members although benefits which have already accrued to them may be increased;

“personal pension scheme” includes a self-employed pension arrangement within the meaning of regulation 2D(3) of the Occupational Pension Schemes (Transfer Values) Regulations 19856or regulation 2D(3) of the Occupational Pension Schemes (Transfer Values) Regulations (Northern Ireland) 19857;

“register” means the register of occupational and personal pension schemes compiled and maintained under regulation 3;

“registrable scheme” means an occupational or personal pension scheme —

(a) which either —

(i) is established in the United Kingdom; or

(ii) has a place at which its management is conducted in the United Kingdom and has a representative appointed to carry out the functions of a trustee or manager in the United Kingdom;

(b) which either —

(i) is a scheme in respect of which a person has applied for, or received, the approval of the Board of Inland Revenue for the purposes of section 590 or section 591 (other than subsection (2)(g)) of the Income and Corporation Taxes Act 19888(conditions for approval of retirement benefit schemes and discretionary approval), or for the purposes of Chapter IV of Part XIV of that Act (personal pension schemes); or

(ii) is a scheme which is a public service pension scheme; and

(c) is not a scheme which —

(i) has less than 2 active members; or

(ii) only provides benefits on the death of a member while in employment;

“registrar” means the registrar of occupational and personal pension schemes appointed under regulation 2;

“scheme administrator” means the person in the United Kingdom having the management of the scheme;

“self-administered scheme” means a registrable scheme which is an occupational pension scheme and which is not an insured scheme;

“the Act” means the Social Security Pensions Act 1975; and

“trustees”, in the case of a scheme which is not set up under a trust or which is established outside the United Kingdom, means the person who is treated as the administrator of the scheme for the purposes of Chapter I or Chapter IV...

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