|
| |
|
(2) | Regulations under sub-paragraph (1) may prescribe, or authorise the |
| |
Regulator to determine, the time at which any fee is due. |
| |
(3) | Any fee which is owed to the Regulator by virtue of regulations under this |
| |
paragraph may be recovered as a debt due to the Regulator. |
| |
26 (1) | Section 175 of the Pension Schemes Act 1993 (c. 48) (levies towards certain |
| 5 |
expenditure) is amended as follows. |
| |
(2) | In subsection (1) omit “or” at the end of paragraph (b) and for paragraph (c) |
| |
| |
“(c) | of the Regulatory Authority (including the establishment of the |
| |
Authority under the Pensions Act 2004), or |
| 10 |
(d) | of the Lord Chancellor in meeting the costs of the legal assistance |
| |
scheme established by virtue of section 80 of the Pensions Act |
| |
2004 (legal assistance in connection with proceedings before the |
| |
Pensions Regulator Tribunal),”. |
| |
(3) | In subsection (3), in paragraph (a), for the words from “any amounts paid” to the |
| 15 |
end of the paragraph substitute “— |
| |
(i) | any amounts paid to the Secretary of State under |
| |
section 168(4) of this Act or section 10 of the |
| |
Pensions Act 1995 (civil penalties), and |
| |
(ii) | any fees paid to the Authority under paragraph 25 |
| 20 |
of Schedule 1 to the Pensions Act 2004 (fees for |
| |
applications to modify under section 69 of the 1995 |
| |
| |
| |
27 (1) | The Regulator must— |
| 25 |
(a) | keep proper accounts and proper records in relation to the accounts, |
| |
| |
(b) | prepare in respect of each financial year a statement of accounts. |
| |
(2) | Each statement of accounts must comply with any directions given by the |
| |
Secretary of State with the approval of the Treasury as to— |
| 30 |
(a) | the information to be contained in it and the manner in which it is to |
| |
| |
(b) | the methods and principles according to which the statement is to be |
| |
| |
(c) | the additional information (if any) which is to be provided for the |
| 35 |
information of Parliament. |
| |
(3) | The Regulator must send a copy of each statement of accounts— |
| |
(a) | to the Secretary of State, and |
| |
(b) | to the Comptroller and Auditor General, |
| |
| before the end of the month of August next following the financial year to |
| 40 |
which the statement relates. |
| |
(4) | The Comptroller and Auditor General must— |
| |
(a) | examine, certify and report on each statement of accounts which he |
| |
receives under sub-paragraph (3), and |
| |
(b) | lay a copy of each statement and of his report before each House of |
| 45 |
| |
(5) | In this paragraph “financial year” means— |
| |
|
| |
|
| |
|
(a) | the period beginning with the date on which the Regulator is |
| |
established and ending with the next following 31st March, and |
| |
(b) | each successive period of 12 months. |
| |
| |
28 (1) | The Regulator may— |
| 5 |
(a) | pay, or make provision for paying, persons attending proceedings |
| |
before the Regulator at its request such travelling and other |
| |
allowances (including compensation for loss of remunerative time) |
| |
as the Secretary of State may determine, and |
| |
(b) | pay, or make provision for paying, persons from whom the |
| 10 |
Regulator may decide to seek advice, as being persons considered by |
| |
the Regulator to be specially qualified to advise it on particular |
| |
matters, such fees as the Regulator may determine. |
| |
(2) | In this paragraph references to proceedings before the Regulator include |
| |
references to proceedings before any committee of the Regulator. |
| 15 |
| |
| |
| |
29 (1) | The Regulator is not to be regarded— |
| |
(a) | as the servant or agent of the Crown, or |
| 20 |
(b) | as enjoying any status, privilege or immunity of the Crown. |
| |
(2) | Accordingly, the Regulator’s property is not to be regarded as property of, |
| |
or held on behalf of, the Crown. |
| |
| |
30 | The validity of any proceedings of the Regulator (including any proceedings |
| 25 |
of any of its committees) is not to be affected by— |
| |
(a) | any vacancy among the members of the Regulator or of any of its |
| |
| |
(b) | any defect in the appointment of any member of the Regulator or of |
| |
any of its committees, or |
| 30 |
(c) | any defect in the appointment of the Chief Executive. |
| |
| |
31 | Schedule 1 to the House of Commons Disqualification Act 1975 (c. 24) is |
| |
| |
(a) | in Part 2 (bodies whose members are disqualified) at the appropriate |
| 35 |
| |
| “The Pensions Regulator.”, and |
| |
(b) | in Part 3 (other disqualifying offices) at the appropriate place |
| |
| |
| “Member of the Determinations Panel established by |
| 40 |
the Pensions Regulator under section 10 of the |
| |
| |
|
| |
|
| |
|
32 | Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 |
| |
(c. 25) is amended as follows— |
| |
(a) | in Part 2 (bodies whose members are disqualified) at the appropriate |
| |
| |
| “The Pensions Regulator.”, and |
| 5 |
(b) | in Part 3 (other disqualifying offices) at the appropriate place |
| |
| |
| “Member of the Determinations Panel established by |
| |
the Pensions Regulator under section 10 of the |
| |
| 10 |
The Parliamentary Commissioner for Administration |
| |
33 | In Schedule 2 to the Parliamentary Commissioner Act 1967 |
| |
(c. 13)(departments and authorities subject to investigation), at the |
| |
appropriate place insert— |
| |
| “The Pensions Regulator.” |
| 15 |
The Superannuation Act 1972 |
| |
34 (1) | The persons to whom section 1 of the Superannuation Act 1972 (c. 11) |
| |
(persons to or in respect of whom benefits may be provided by schemes |
| |
under that section) applies are to include— |
| |
| the chairman of the Regulator |
| 20 |
| the employees of the Regulator. |
| |
(2) | The Regulator must pay to the Minister for the Civil Service, at such times as |
| |
he may direct, such sums as he may determine in respect of the increase |
| |
attributable to sub-paragraph (1) in the sums payable out of money |
| |
provided by Parliament under that Act. |
| 25 |
Exemption from liability in damages |
| |
35 (1) | Neither the Regulator nor any person who is a member of the Regulator, a |
| |
member of any of its committees, or a member of its staff is to be liable in |
| |
damages for anything done or omitted in the exercise or purported exercise |
| |
of the functions of the Regulator conferred by, or by virtue of, this or any |
| 30 |
| |
| |
(a) | the chairman of the Regulator, |
| |
(b) | the Chief Executive of the Regulator, or |
| |
(c) | the chairman of the Determinations Panel, |
| 35 |
| is not to be liable in damages for anything done or omitted in the exercise or |
| |
purported exercise of any function conferred on the office in question by, or |
| |
by virtue of, this Act or any provisions in force in Northern Ireland |
| |
corresponding to this Act. |
| |
(3) | Any person who is a member of the Non-Executive Committee or of any of |
| 40 |
its sub-committees is not to be liable in damages for anything done or |
| |
omitted in the discharge or purported discharge of the duty to prepare a |
| |
report under section 9(4) on the discharge of the non-executive functions. |
| |
(4) | Any person who is a member of the Determinations Panel is not to be liable |
| |
in damages for anything done or omitted in the exercise or purported |
| 45 |
exercise of the functions of the Panel under— |
| |
|
| |
|
| |
|
(a) | section 67(3) (procedure in relation to regulatory functions) or any |
| |
corresponding provision in force in Northern Ireland, |
| |
(b) | section 73(9) (procedure in relation to exercise of functions on a |
| |
compulsory review) or any corresponding provision in force in |
| |
| 5 |
(c) | paragraph 18(2) of this Schedule (general procedure). |
| |
(5) | But sub-paragraphs (1) to (4) do not apply— |
| |
(a) | if it is shown that the act or omission was in bad faith, or |
| |
(b) | so as to prevent an award of damages made in respect of an act or |
| |
omission on the ground that the act or omission was unlawful as a |
| 10 |
result of section 6(1) of the Human Rights Act 1998 (c. 42). |
| |
| |
| |
The reserved regulatory functions |
| |
| |
Functions under the Pension Schemes Act 1993 (c. 48) |
| 15 |
1 | The power under section 99(4) to grant an extension of the period within |
| |
which the trustees or managers of a scheme are to carry out certain duties. |
| |
2 | The power under section 101J(2) to extend the period for compliance with a |
| |
| |
3 | The power under regulations made by virtue of section 168(4) to require a |
| 20 |
| |
| |
Functions under the Pensions Act 1995 (c. 26) |
| |
4 | The power to make an order under section 3 prohibiting a person from being |
| |
| 25 |
5 | The power to make an order under section 3(3) revoking such an order. |
| |
6 | The power to make an order under section 4 suspending a trustee. |
| |
7 | The power to make an order under section 4(5) revoking such an order. |
| |
8 | The power to make an order appointing a trustee under any of the following |
| |
| 30 |
(a) | subsection (1) where a trustee is removed by an order under section |
| |
| |
(b) | subsection (3)(a) or (c). |
| |
9 | The power to require a person to pay a penalty under section 10 (including |
| |
under regulations made by virtue of subsection (3) of that section). |
| 35 |
10 | The power to make an order under section 11 directing or authorising an |
| |
occupational pension scheme to be wound up. |
| |
11 | The power to give directions to trustees under section 15. |
| |
|
| |
|
| |
|
12 | The power under section 29(5) to give a notice waiving a disqualification |
| |
under section 29 of that Act. |
| |
13 | The power to make an order under section 69 authorising the modification |
| |
of an occupational pension scheme or modifying the scheme. |
| |
14 | The power to make an order under section 71A modifying an occupational |
| 5 |
pension scheme with a view to ensuring that it is properly wound up. |
| |
| |
Functions under the Welfare Reform and Pensions Act 1999 (c. 30) |
| |
15 | The power under section 2(3)(b) to remove a scheme from the register of |
| |
stakeholder pension schemes. |
| 10 |
| |
| |
16 | The power to make a freezing order under section 20. |
| |
17 | The power to make an order under section 22(3) extending the period for |
| |
which a freezing order has effect. |
| 15 |
18 | The power to make an order under section 23 validating action taken in |
| |
contravention of a freezing order. |
| |
19 | The power to make an order under section 24 directing that specified steps |
| |
| |
20 | The power to make an order under section 26 giving a direction where a |
| 20 |
freezing order ceases to have effect. |
| |
21 | The power to make an order under section 27(3) directing the notification of |
| |
| |
22 | The power to make a direction under section 50(8) extending the retention |
| |
period for documents taken into possession under section 49. |
| 25 |
23 | The power to make a direction under section 52(8) extending the retention |
| |
period for documents taken into possession under that section. |
| |
24 | The power to make an order under section 188 modifying a scheme, giving |
| |
directions or imposing a schedule of contributions. |
| |
25 | The power to vary or revoke under section 75— |
| 30 |
(a) | a determination made by the Determinations Panel whether to |
| |
exercise one of the other functions listed in this Schedule, or |
| |
(b) | an order, notice or direction made, issued or given in the exercise of |
| |
| |
| 35 |
(ii) | by the Regulator in compliance with a direction of the |
| |
Tribunal under section 77. |
| |
|
| |
|