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The Pension Protection Fund (Provision of Information) Regulations 2005

Type Statutory-Instrument
Publication 2005-03-11
Last updated 2013-04-30
State In force
Department King's Printer of Acts of Parliament
Source legislation.gov.uk
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Made: 11th March 2005

Laid before Parliament: 16th March 2005

Coming into force: 6th April 2005

The Secretary of State for Work and Pensions, in exercise of the powers conferred upon him by sections 190, 203(1), 315(2), (4) and (5) and 318(1) of the Pensions Act 2004 , and of all other powers enabling him in that behalf, by this instrument, which contains regulations made before the end of the period of six months beginning with the coming into force of the provisions of that Act by virtue of which they are made , hereby makes the following Regulations:

Citation and commencement

1

These Regulations may be cited as the Pension Protection Fund (Provision of Information) Regulations 2005 and shall come into force on 6th April 2005.

Interpretation

2

which has no active members, includes the person who was the employer of persons in the description of employment to which the scheme or section relates immediately before the time at which the scheme or section ceased to have any active members in relation to it.

Information to be provided by the Board

3

it shall, within the period specified in paragraph (12), provide that insolvency practitioner, the Regulator, and the trustees or managers of that scheme or section with the information described in paragraph (3).

that the scheme is not an eligible scheme or, as the case may be, the section is not an eligible section.

it shall within the period of 14 days beginning with the day on which it made its decision notify those trustees or managers of its decision, of the amount that it considers appropriate to lend and of the terms on which it will make the loan.

it shall provide the information specified in paragraph (10) to the persons specified in paragraph (11) within the period specified in paragraph (12).

to produce a document or provide information in connection with a notice given under section 120(2) or 129(4) or, as the case may be, an application under section 129(1), the date on which the document is produced to, or the information received by, either the Board or a person authorised by the Board for the purposes of section 191(2)(b) (notices requiring provision of information); or

Information to be provided by trustees or managers

4

by the trustees or managers of that scheme shall be determined in accordance with the provisions of Schedule 2.

Information to be provided by members and beneficiaries and their personal representatives

5

Method of providing information

6

that information shall be provided by or to his appointed representative.

SCHEDULE 1 — INFORMATION TO BE PROVIDED BY THE BOARD

1

Description of persons to whom information is to be provided Description of information to be provided Period during which or time at which information is to be provided
All members and beneficiaries. Notification that the Board has assumed responsibility for the scheme, or any part thereof, together with the date on which the Board assumed that responsibility. The period of two months beginning on the day on which the Board gave the transfer notice to the trustees or managers.
All members and beneficiaries. The identity of any person authorised by the Board for the purposes of these Regulations as mentioned in section 190(1)(b)(ii) in relation to the scheme in respect of which the member or beneficiary is receiving or may receive compensation. Where the Board so authorised a person before it gave the transfer notice, the period of two months beginning on the day on which it gave such notice; or, where the Board so authorises a person after it gave that notice, the period of two months beginning on the day on which that person was so authorised.
Any member who makes a request in writing to the Board for it to provide a forecast of his compensation entitlement. A forecast, determined in accordance with the pension compensation provisions, of the compensation to be paid to him in relation to that scheme. The period of 28 days beginning on the day when the Board receives the request.
Any member who will attain normal pension age on his next birthday. 1A forecast, determined in accordance with the pension compensation provisions, of the compensation to be paid to him in relation to that scheme.2Details of any options to commute which may be exercised by him in relation to that scheme in accordance with paragraph 24 of Schedule 7 to the Act (commutation of periodic compensation) and forecasts, determined in accordance with the pension compensation provisions, of—athe lump sum to be paid to him under any such option; andbthe reduced level of annual compensation payments which he would receive if he exercised any such option. The period of six months beginning 12 months before the day on which he will attain normal pension age.
Any member who makes a request in writing to the Board for it to provide—iinformation about any options to commute which may be exercised by him in relation to that scheme in accordance with paragraph 24 of Schedule 7 to the Act; or—iia forecast of the lump sum payable to him on the exercise of any such option. Details of any options to commute available to him, and forecasts, determined in accordance with the pension compensation provisions, of—the lump sum to be paid to him under any such option; andthe reduced level of annual compensation payments which he would receive if he exercised any such option. The period of 28 days beginning on the day on which the Board receives the request.
Any member who makes a request in writing to the Board for it to provide information about any entitlement he may have to early payment of compensation under paragraph 25 of Schedule 7 to the Act (early payment of compensation). Details of any entitlement he may have to early payment of compensation and a forecast, determined in accordance with the pension compensation provisions, of the periodic compensation and of any lump sum payment payable to him under paragraph 25. The period of 28 days beginning on the day on which the Board receives the request.
Any member who becomes entitled to compensation under the pension compensation provisions and any beneficiary of such a member where that beneficiary becomes entitled to such compensation. 1A copy of the determination by the Board of the entitlement to compensation of the member or beneficiary in question.2Details of any options to commute which may be exercised by him in relation to that scheme in accordance with paragraph 24 of Schedule 7 to the Act and forecasts, determined in accordance with the pension compensation provisions, of—athe lump sum to be paid to him under any such option; andbthe reduced level of annual compensation payments which he would receive if he exercised any such option. The period of 28 days beginning on the day on which—the Board gave the transfer notice to the trustees or managers; orthe member or beneficiary became entitled to compensation;whichever is the later.
Any member who makes a request in writing to the Board for it to provide information about any entitlement the member may have to postpone to a date specified in the request—ithe periodic compensation; oriiany payment of lump sum compensation,under paragraph 25A of Schedule 7 to the Act (postponement of compensation). Details of any entitlement the member may have to postpone compensation and a forecast to the date specified in the request, and determined in accordance with the pension compensation provisions, ofathe periodic compensation; orbany lump sum compensation payment,payable to the member under the pension compensation provisions. The period of 28 days beginning on the day on which the Board receives the request.
Any member who has elected to postpone—ithe commencement of the periodic compensation; oriipayment of lump sum compensation,under paragraph 25A of Schedule 7 to the Act (postponement of compensation). 1.A forecast, to the date compensation ceases to be postponed, determined in accordance with the pension compensation provisions, of the periodic compensation and of any lump sump compensation, payable to the member under the pension compensation provisions.2.Details of any options to commute which may be exercised by the member in relation to that compensation in accordance with paragraph 24 of Schedule 7 to the Act (commutation of periodic compensation) and forecasts, to the date compensation ceases to be postponed, determined in accordance with the pension compensation provisions, of—(a)the lump sum to be paid to that member under any such options; and(b)the reduced level of annual compensation payments which that member would receive if they exercised any such option. The period of 6 months beginning 12 months before the day on which—(a)commencement of the periodic compensation ceases to be postponed; or(b)payment of lump sum compensation ceases to be postponed.
All members and beneficiaries. Details of any variation in the amounts of payments of compensation payable under that scheme where the variation will result from the operation of paragraph 27, 28, 29 or 30 of Schedule 7 to the Act, and the date when the variation will become effective (“the operative date”). Not less than 28 days before the operative date.
Any member or beneficiary who is an interested person in relation to a particular reviewable matter. A statement describing how an application may be made to the Board for the review of that reviewable matter, how it will be considered and the Board's powers on making a review decision. The period of 28 days beginning on the day on which the Board knew or ought to have known that that reviewable matter had occurred.
Any member who is a party to matrimonial or civil partnership proceedings or who is contemplating such proceedings and who makes a request in writing to the Board for information about his compensation entitlement. A statement, determined in accordance with the pension compensation provisions, of the compensation to be paid to him in relation to that scheme. The period of three months beginning on the day on which the Board receives the request, or by the date the Board complies with any court order to provide such information, whichever is the sooner.

SCHEDULE 2 — INFORMATION TO BE PROVIDED BY TRUSTEES OR MANAGERS

1

Description of persons to whom information is to be provided Description of information to be provided Period during which information is to be provided
The Board. In respect of each member of that scheme entitled to a reviewable ill health pension—his name;a description of his position as an employee in relation to the employer in relation to that scheme;the annual amount of his reviewable ill health pension; andthe date on which the award of that pension was made.if applicable, the date he left the employment of the employer in relation to that scheme; anda statement containing a brief description of his illness or injury. The period of 28 days beginning on the notification date.
The Board. The number of ill health pensions awarded each year for the previous six years immediately before the assessment date. The period of 28 days beginning on the notification date.
The Board. 1Details of any legal proceedings by or against any of the trustees or managers of the scheme in their capacity as trustees or managers which are pending immediately before, or in existence on, the assessment date.2Details of any relevant contract of insurance which is in being on the assessment date. The period of 28 days beginning on the notification date.
The Board. The identity of the maker of any further contributions towards the scheme paid under section 133 (admission of new members, payment of contributions etc), together with the amount of any such contributions. The period of 14 days beginning on the last day of the month in which the contribution was paid.
The Board. Details of any significant changes—in the investment of the scheme's assets; orin the level of expenditure incurred by the scheme. The period of 14 days beginning on the day the change took place.
The Board. Details of any change in the address or telephone number of the trustees or managers. Before the expiry of the period of five days beginning on the day the change took place.
The Board. The identity of those individuals within the trustees' or managers' organisation who will have responsibility for providing information to the Board. The period of 28 days beginning on the notification date.
The Board. Any change in the identity of—the individuals who have been notified to the Board as having responsibility for providing information to the Board; andthe insolvency practitioner. The period of 14 days beginning on the day the change took place.
All members. Notification that there is an assessment period in relation to the scheme, together with a description of the effect this will have on the rights and obligations of members of that scheme. The period of 28 days beginning on the notification date.
All members. An explanation of the provisions of Chapter 3 of Part 2 (pension protection) of the Act in so far as they will operate during the assessment period in relation to—benefits payable under the scheme; andcontributions towards the scheme;together with an explanation of how, when a withdrawal notice becomes binding, contributions may become payable by or on behalf of the member. The period of 28 days beginning on the notification date.
Where the scheme is not a hybrid scheme, a multi-employer scheme or a partially guaranteed scheme, all members. A copy of the valuation summary. The period of 28 days beginning on the day on which the trustees or managers receive a copy of the valuation approved under section 144(2).
Where the scheme is a hybrid scheme, all members other than those who receive only money purchase benefits. A copy of the valuation summary The period of 28 days beginning on the day on which the trustees or managers receive a copy of the valuation approved under section 144(2).
Where the scheme is a multi-employer scheme, all members who are in the section of the scheme to which the valuation relates. A copy of the valuation summary. The period of 28 days beginning on the day on which the trustees or managers receive a copy of the valuation, or further valuation, approved under section 144(2).
Where the scheme is a partially guaranteed scheme, all members who are in the unsecured part of the scheme. A copy of the valuation summary. The period of 28 days beginning on the day on which the trustees or managers receive a copy of the valuation, or further valuation, approved under section 144(2).
Where the scheme is not a hybrid scheme, a multi-employer scheme or a partially guaranteed scheme, all members. A copy of the determination summary. The period of 28 days beginning on the day on which the trustees or managers receive a copy of the determination.
Where the scheme is a hybrid scheme, all members other than those who receive only money purchase benefits. A copy of the determination summary. The period of 28 days beginning on the day on which the trustees or managers receive a copy of the determination.
Where the scheme is a multi-employer scheme, all members who are in the section of the scheme to which the determination relates. A copy of the determination summary. The period of 28 days beginning on the day on which the trustees or managers receive a copy of the determination.
Where the scheme is a partially guaranteed scheme, all members who are in the unsecured part of the scheme. A copy of the determination summary. The period of 28 days beginning on the day on which the trustees or managers receive a copy of the determination.
Where the trustees or managers of a scheme make an application in respect of the scheme in accordance with section 151 (application for reconsideration), all members. Notification of the application under section 151. The period of 28 days beginning on the day the trustees or managers make that application.

SCHEDULE 3 — INFORMATION TO BE PROVIDED BY MEMBERS AND BENEFICIARIES

1

Information to be provided by members and beneficiaries to the Board shall be determined in accordance with the provisions of the table of information to be provided by members and beneficiaries set out below—

Signed

Signed by authority of the Secretary of State for Work and Pensions.

Malcolm Wicks — Minister of State, — Department for Work and Pensions — 11th March 2005

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 2004 c. 35. Section 318(1) is cited because of the meaning there given to “prescribed” and “regulations”.

[^f00002]: See section 317 of the Pensions Act 2004 which provides that the Secretary of State must consult such persons as he considers appropriate before making regulations by virtue of the provisions of that Act (other than Part 8). This duty does not apply where regulations are made before the end of six months beginning with the coming into force of the provisions of that Act by virtue of which the regulations are made.

[^f00003]: The Act is modified in its application to partially guaranteed pension schemes by the Pension Protection Fund (Partially Guaranteed Schemes) (Modification) Regulations 2005 (S.I 2005/277), in its application to hybrid schemes by the Pension Protection Fund (Hybrid Schemes) (Modification) Regulations 2005 (S.I. 2005/449), and in its application to multi-employer schemes by the Pension Protection Fund (Multi-employer Schemes) (Modification) Regulations 2005 (S.I. 2005/441).

[^f00004]: 1995 c. 26; section 75 is amended by section 271 of the Pensions Act 2004.

[^f00005]: See section 160 of the Pensions Act 2004 as modified by regulation 10 of the Pension Protection Fund (Partially Guaranteed Schemes) (Modification) Regulations 2005.

Editorial notes

[^c1133901]: 2004 c. 35. Section 318(1) is cited because of the meaning there given to “prescribed” and “regulations”.

[^c1133902]: See section 317 of the Pensions Act 2004 which provides that the Secretary of State must consult such persons as he considers appropriate before making regulations by virtue of the provisions of that Act (other than Part 8). This duty does not apply where regulations are made before the end of six months beginning with the coming into force of the provisions of that Act by virtue of which the regulations are made.

[^c1133903]: The Act is modified in its application to partially guaranteed pension schemes by the Pension Protection Fund (Partially Guaranteed Schemes) (Modification) Regulations 2005 (S.I 2005/277), in its application to hybrid schemes by the Pension Protection Fund (Hybrid Schemes) (Modification) Regulations 2005 (S.I. 2005/449), and in its application to multi-employer schemes by the Pension Protection Fund (Multi-employer Schemes) (Modification) Regulations 2005 (S.I. 2005/441).

[^c1133905]: See section 160 of the Pensions Act 2004 as modified by regulation 10 of the Pension Protection Fund (Partially Guaranteed Schemes) (Modification) Regulations 2005.

[^key-f27239fc605a9e54ce997f2805a9e9a1]: Words in reg. 2(1) inserted (19.8.2005) by Occupational Pension Schemes (Miscellaneous Amendments) Regulations 2005 (S.I. 2005/2113), regs. 1(1), 8(1), 8(2)(b)

[^key-e01556b0682a7978558a4889f54e8d44]: Words in reg. 2(1) inserted (19.8.2005) by Occupational Pension Schemes (Miscellaneous Amendments) Regulations 2005 (S.I. 2005/2113), regs. 1(1), 4(1), 4(2)(d)

[^key-7e0d68e83167a41be6cde87372db8878]: Words in reg. 2(1) inserted (19.8.2005) by Occupational Pension Schemes (Miscellaneous Amendments) Regulations 2005 (S.I. 2005/2113), regs. 1(1), 7(1), 7(2)(b)

[^key-55a95e6b22cc2f99f78f3aa824b8e0b8]: Word in reg. 2(1) omitted (19.8.2005) by virtue of Occupational Pension Schemes (Miscellaneous Amendments) Regulations 2005 (S.I. 2005/2113), regs. 1(1), 12(2)

[^key-70b31b9bfb41fc942a34207eaf13b836]: Reg. 2(2) substituted (19.8.2005) by Occupational Pension Schemes (Miscellaneous Amendments) Regulations 2005 (S.I. 2005/2113), regs. 1(1), 5(4)

[^key-410af8176b89a98c801ae28e7fc9fc05]: Reg. 2(3) substituted (19.8.2005) by Occupational Pension Schemes (Miscellaneous Amendments) Regulations 2005 (S.I. 2005/2113), regs. 1(1), 6(4)

[^key-bc68e63eb0256e3215bd8cfac9352054]: Words in Sch. 2 para. 1(1) omitted (19.8.2005) by virtue of Occupational Pension Schemes (Miscellaneous Amendments) Regulations 2005 (S.I. 2005/2113), regs. 1(1), 12(3)

[^key-51fff768923a2c4f341f649dcdb7b3ef]: Words in reg. 2 inserted (1.9.2005) by The Occupational Pension Schemes (Fraud Compensation Payments and Miscellaneous Amendments) Regulations 2005 (S.I. 2005/2184), regs. 1(1), 23(2)

[^key-64c1707395a9e29a3944cd39d03fcab7]: Reg. 3(7) - Reg. 3(8) added (1.9.2005) by The Occupational Pension Schemes (Fraud Compensation Payments and Miscellaneous Amendments) Regulations 2005 (S.I. 2005/2184), regs. 1(1), 23(3)

[^key-c99130ea43ae9453a9f1f06075e0c83c]: Reg. 4A inserted (1.9.2005) by The Occupational Pension Schemes (Fraud Compensation Payments and Miscellaneous Amendments) Regulations 2005 (S.I. 2005/2184), regs. 1(1), 23(4)

[^key-414126771c04f6bd151536bea3d3433a]: Sch. 1A inserted (1.9.2005) by The Occupational Pension Schemes (Fraud Compensation Payments and Miscellaneous Amendments) Regulations 2005 (S.I. 2005/2184), regs. 1(1), 23(5), Schs. 3

[^key-3ed2e8dd834eee6628908e360f4150f5]: Words in Sch. 3 added (6.4.2006) by Pension Protection Fund (Provision of Information) (Amendment) Regulations 2006 (S.I. 2006/595), regs. 1(1), 5(2)(a)

[^key-6e44bc5c4a177e301058c36dd5614bcb]: Words in Sch. 3 substituted (6.4.2006) by Pension Protection Fund (Provision of Information) (Amendment) Regulations 2006 (S.I. 2006/595), regs. 1(1), 5(2)(b)

[^key-05f8fbadfdfd89bf0ce97bad664b1e16]: Words in Sch. 3 added (6.4.2006) by Pension Protection Fund (Provision of Information) (Amendment) Regulations 2006 (S.I. 2006/595), regs. 1(1), 5(2)(c)

[^key-53a5e696f1b255e5b3bfc4a20524cbbc]: Words in Sch. 1 para. 1(2) substituted (6.4.2006) by Pension Protection Fund (Provision of Information) (Amendment) Regulations 2006 (S.I. 2006/595), regs. 1(1), 3

[^key-5fb54ac4f6be792e32a36868610fc8b2]: Words in Sch. 2 para. 1(1) substituted (6.4.2006) by Pension Protection Fund (Provision of Information) (Amendment) Regulations 2006 (S.I. 2006/595), regs. 1(1), 4(2)

[^key-8bec797afa2c5c75ca7be4ecd524e401]: Words in Sch. 2 para. 1(2) added (6.4.2006) by Pension Protection Fund (Provision of Information) (Amendment) Regulations 2006 (S.I. 2006/595), regs. 1(1), 4(3)

[^key-393633cb1ce1ae0acf983b4e564bd45e]: Words in Sch. 2 para. 1(2) inserted (6.4.2006) by Pension Protection Fund (Provision of Information) (Amendment) Regulations 2006 (S.I. 2006/595), regs. 1(1), 4(4)

[^key-848b3605da8f4c7788dc7b3195c2be73]: Reg. 3(2A) - Reg. 3(2B) inserted (6.4.2006) by Pension Protection Fund (Provision of Information) (Amendment) Regulations 2006 (S.I. 2006/595), regs. 1(1), 2(3)

[^key-0134bd25a05139a79c7723ee80e8a821]: Reg. 3(9)-(13) added (6.4.2006) by Pension Protection Fund (Provision of Information) (Amendment) Regulations 2006 (S.I. 2006/595), regs. 1(1), 2(4)

[^key-6beab436a31426bbde9893e04a4a7839]: Words in reg. 3(2) substituted (6.4.2006) by Pension Protection Fund (Provision of Information) (Amendment) Regulations 2006 (S.I. 2006/595), regs. 1(1), 2(2)

[^key-48e07bc9d96ba59525fba2927f4177d9]: Sch. 2 para. 1A inserted (8.3.2010) by The Pension Protection Fund and Occupational Pension Schemes (Miscellaneous Amendments) Regulations 2010 (S.I. 2010/196), regs. 1, 5

[^key-e9b89a8cf71b1e197a071f7c11953211]: Words in Sch. 2 para. 1(1) inserted (24.1.2013) by The Pension Protection Fund (Miscellaneous Amendments) (No. 2) Regulations 2012 (S.I. 2012/3083), regs. 1(2)(b), 6(2)(a), 9(1)(f)(2) (with reg. 10)

[^key-e8eae28d0e298544fe32a26acfa4c335]: Words in Sch. 2 para. 1(1) substituted (24.1.2013) by The Pension Protection Fund (Miscellaneous Amendments) (No. 2) Regulations 2012 (S.I. 2012/3083), regs. 1(2)(b), 6(2)(b), 9(1)(f)(2) (with reg. 10)

[^key-7c87011cb2c7ba4828d6bb14b052c85e]: Words in Sch. 2 para. 1(2) inserted (24.1.2013) by The Pension Protection Fund (Miscellaneous Amendments) (No. 2) Regulations 2012 (S.I. 2012/3083), regs. 1(2)(b), 6(3), 9(1)(f)(2) (with reg. 10)

[^key-ea72ea20767d149069f2577693c7f2d6]: Words in Sch. 1 para. 1(2) inserted (30.4.2013) by The Pension Protection Fund, Occupational and Personal Pension Schemes (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/627), regs. 1(1), 10

Information to be provided to the Board

4A

Information to be provided by members and beneficiaries and their personal representatives

Method of providing information

SCHEDULE 1A — Further information to be provided by the Board

In this Schedule the “applicant” shall be construed in accordance with regulation 3(7) or (8), as appropriate.

Description of persons to whom information is to be provided Description of information the Board must provide Period during which the Board must provide information
Trustees or Managers and applicant. Notification of the settlement date determined by the Board under section 184(2). The period of 14 days beginning on the day on which the Board determined the settlement date.
Trustees or Managers and applicant. Notification of the Board’s determination that a payment received is to be treated as a payment in respect of any act or omission constituting a prescribed offence under section 182(1). The period of 14 days beginning on the day on which the Board made that determination.
Trustees or Managers and applicant. Notification of the Board’s determination of the terms and conditions on which an interim payment will be made under section 186. The period of 14 days beginning on the day on which the Board determined to make the payment.
Trustees or Managers and applicant. Notification of the Board’s determination to recover so much of the interim payment as it considers appropriate. The period of 14 days beginning on the day on which the Board determined to seek the recovery.
Trustees or Managers and applicant. Notification of the Board’s determination of the terms and conditions on which a fraud compensation payment will be made under section 182(1). The period of 14 days beginning on the day on which the Board determined to make the payment.
Trustees or Managers and applicant. Notification of the Board’s determination under section 186(3) to recover any interim payments made and of the amount it considers appropriate to recover. The period of 14 days beginning with the day on which the Board made that determination.
Trustees or Managers and applicant. Notification of the settlement date under section 81(3)(d) of the 1995 Act determined by the Board. The period of 14 days beginning on the day on which the Board determined the settlement date.
Trustees or Managers and applicant. Notification by the Board that a payment received is to be treated as a payment in respect of any act or omission constituting a prescribed offence under section 81(1)(c) of the 1995 Act. The period of 14 days beginning on the day on which the Board made that determination.
Trustees or Managers and applicant. Notification of the Board’s determination of the terms and conditions on which a payment in anticipation will be made under section 84 of the 1995 Act. The period of 14 days beginning on the day on which the Board determined to make the payment.
Trustees or Managers and applicant. Notification of the Board’s determination to recover so much of the payment in anticipation made under section 84 of the 1995 Act as it thinks appropriate. The period of 14 days beginning on the day on which the Board determined to seek the recovery.
Trustees or Managers and applicant. Notification of the Board’s determination of the terms and conditions on which a compensation payment will be made under section 83 of the 1995 Act. The period of 14 days beginning on the day on which the Board determined to make the payment.

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