Made | 9th March 2006 | ||
Laid before the House of Commons | 10th March 2006 | ||
Coming into force | 6th April 2006 |
Description of schemes to be split
2.
—(1) The following registered pension schemes shall be treated as split schemes for the purposes of these Regulations—
(2) A successor scheme is a registered pension scheme established to take over some or all of the rights and obligations of a split scheme.
(3) The scheme administrator of a successor scheme shall notify HMRC of any sub-schemes in respect of which he is assuming responsibility immediately following registration of the successor scheme.
(4) Schedule 2 lists the schemes which, at the coming into force of these Regulations, are to be treated as sub-schemes of the split schemes referred to in sub-paragraph (1).
(5) The conditions referred to in sub-paragraph (1)(b) are as follows.
Condition A
The pension scheme falls within Paragraph 1(1)(a) or (c) of Schedule 36 to the Finance Act 2004.
Condition B
The pension scheme provides benefits to or for the benefit of the employees of two or more employers.
Condition C
The rules of the pension scheme as at 28th February 2006 provided for the establishment of separate schemes for each of the participating employers or group of employers and for the administration of such schemes to be carried out by separate scheme administrators.
(6) A successor sub-scheme is a scheme established to take over some or all of the rights and obligations of a sub-scheme.
(7) The scheme administrator of a successor sub-scheme shall notify HMRC immediately following his assumption of liability of the successor sub-scheme.
Responsibilities and liabilities of sub-scheme administrators
3.
—(1) The sub-scheme administrator of a sub-scheme shall assume the liabilities and responsibilities set out in Schedule 3 to these Regulations in relation to that scheme.
(2) In the provisions referred to in that Schedule any reference to the scheme administrator shall be read as a reference to the sub-scheme administrator.
(3) The split scheme administrator shall cease to have responsibility or liability in relation to the matters referred to in paragraph (1) in respect of the sub-scheme.
(4) The provisions of section 270(2) and (3) (meaning of "scheme administrator") apply to the sub-scheme administrator and the references to the scheme administrator in those subsections shall be read as references to the sub-scheme administrator).
(5) Section 272 (trustees etc. liable as scheme administrator) applies to sub-scheme administrators with the following modifications—
(e) in subsection (4) for "pension scheme" substitute "sub-scheme".
(6) Section 273 (members liable as scheme administrator) applies to members of a sub-scheme with the following modifications—
(7) Section 274(2) (supplementary) applies to sub-scheme administrators with the following modifications—
4.
—(1) Section 209(5) (unauthorised payments surcharge) shall be modified as follows.
5.
—(1) Paragraph 11 of Schedule 31 (insertion of chapter 15A into ITEPA 2003) shall be modified as follows.
(2) After subsection (4) of the inserted section 636A insert—
(3) Paragraph 1 of Schedule 35 (consequential amendments to the Taxes Management Act 1970) shall be modified as follows.
(4) Paragraph 16 of Schedule 35 (consequential amendments to section 349B(3) of ICTA) shall be modified as follows.
(5) After the substituted sub-paragraph (i) add—
(6) Paragraph 33 of Schedule 35 (consequential amendments to section 824(9) of ICTA) shall be modified as follows.
(7) After the insertion of the words "scheme administrators of registered pension schemes" add—
David Varney
Paul Gray
Two of the Commissioners for Her Majesty's Revenue and Customs
9th March 2006
Name of Scheme | Enabling legislation | Governing regulations |
Police Pension Scheme | s 1-8 Police Pensions Act 1982 | The Police Pensions Regulations 1987 (SI 1987 No.257) as amended |
Firefighters Pension Scheme | s.26 Fire Services Act 1947 and s.34 Fire and Rescue Services Act 2004 | The Firemen's Pension Scheme Order 1992 SI 1992 No.129 as amended |
Local Government Pension Scheme | s.7 and s.12 Superannuation Act 1972 | The Local Government Pension Scheme Regulations 1997 SI 1997 No.1612 as amended |
Local Government Pension Scheme (Scotland) | s.7 and s.12 Superannuation Act 1972 | The Local Government Pension Scheme (Scotland) Regulations 1998 SI 1998 No.366 (S.14) as amended |
Electricity Supply Pension Scheme |
Name of sub-scheme | Split scheme to which it relates |
Metropolitan Police Authority Norfolk Police Authority North Yorkshire Police Authority North Wales Police Authority Northamptonshire Police Authority Northumbria Police Authority Nottinghamshire Police Authority South Wales Police Authority South Yorkshire Police Authority Staffordshire Police Authority Suffolk Police Authority Surrey Police Authority Sussex Police Thames Valley Police Authority Warwickshire Police Authority West Mercia Police Authority West Midlands Police Authority West Yorkshire Police Authority Wiltshire Police Authority Central Scotland Joint Police Board Dumfries & Galloway Police Authority Fife Police Authority Grampian Joint Police Board Lothian and Borders Police Board Northern Joint Police Board Strathclyde Joint Police Fire Board Tayside Joint Police Board |
Police Pension Scheme |
Avon Fire Authority Bedfordshire and Luton Combined Fire Authority Buckinghamshire and Milton Keynes Fire Authority Cambridgeshire and Peterborough Fire Authority Cheshire Fire Authority Cleveland Fire Authority Cornwall Fire Authority County Durham and Darlington Fire and Rescue Authority Cumbria Fire Authority Derbyshire Fire Authority Devon Fire Authority Dorset Fire Authority East Sussex Fire Authority Essex Fire Authority Gloucestershire Fire Authority Greater Manchester Fire and Civil Defence Authority Hampshire Fire and Rescue Authority Hereford and Worcester Combined Fire Authority Hertfordshire Fire Authority Humberside Fire Authority Isle of Wight Fire Authority Kent and Medway Towns Fire Authority Lancashire Combined Fire Authority Leicester, Leicestershire and Rutland Combined Fire Authority Lincolnshire Fire Authority London Fire and Emergency Planning Authority Merseyside Fire and Civil Defence Authority Mid and West Wales Fire Authority Norfolk Fire Authority North Wales Fire Authority North Yorkshire Fire and Rescue Authority Northamptonshire Fire Authority Northumberland Fire Authority Nottinghamshire and City of Nottingham Fire Authority Oxfordshire Fire Authority Royal Berkshire Fire Authority Shropshire and Wrekin Fire Authority Somerset Fire Authority South Wales Fire Authority South Yorkshire Fire and Civil Defence Authority Stoke on Trent and Staffordshire Fire Authority Suffolk Fire Authority Surrey Fire Authority Tyne & Wear Fire and Civil Defence Authority Warwickshire Fire Authority West Midlands Fire and Civil Defence Authority West Sussex Fire Authority West Yorkshire Fire and Civil Defence Authority Wiltshire and Swindon Fire Authority Dumfries & Galloway Fire and Rescue Authority Highland and Islands Fire Board Grampian Fire Board Lothian and Borders Fire Board Central Scotland Fire Board Fife Fire and Rescue Authority Strathclyde Fire Board Tayside Fire Board |
Firefighters Pension Scheme |
Bath & North East Somerset Council Bedfordshire County Council Buckinghamshire County Council Cambridgeshire County Council Carmarthenshire County Council Cheshire County Council City and County of Cardiff Council City and County of Swansea City of London City of Bradford Metropolitan District Council Cornwall County Council Cumbria County Council Derbyshire County Council Devon County Council Dorset County Council Durham County Council East Riding of Yorkshire Council East Sussex County Council Environment Agency Essex County Council Flintshire County Council Gloucestershire County Council Gwynedd Council Hampshire County Council Hertfordshire County Council Isle of Wight Council Kent County Council Lancashire County Council Leicestershire County Council Lincolnshire County Council London Borough of Barking and Dagenham London Borough of Barnet London Borough of Bexley London Borough of Brent London Borough of Bromley London Borough of Camden London Borough of Croydon London Borough of Ealing London Borough of Enfield London Borough of Greenwich London Borough of Hackney London Borough of Hammersmith and Fulham London Borough of Haringey London Borough of Harrow London Borough of Havering London Borough of Hillingdon London Borough of Hounslow London Borough of Islington London Borough of Lambeth London Borough of Lewisham London Borough of Merton London Borough of Newham London Borough of Redbridge London Borough of Richmond Upon Thames London Borough of Southwark London Borough of Sutton London Borough of Tower Hamlets London Borough of Waltham Forest London Borough of Wandsworth London Pensions Fund Authority Middlesbrough Borough Council Norfolk County Council North Yorkshire County Council Northamptonshire County Council Northumberland County Council Nottinghamshire County Council Oxfordshire County Council Powys County Council Rhondda-Cynon-Taff County Borough Council Royal Borough of Kensington & Chelsea Royal Borough of Kingston Upon Thames Royal Borough of Windsor and Maidenhead Shropshire County Council Somerset County Council South Tyneside Metropolitan Borough Council South Yorkshire Pensions Authority Staffordshire County Council Suffolk County Council Surrey County Council Tameside Metropolitan Borough Council Torfaen County Borough Council Warwickshire County Council Westminster City Council West Sussex County Council Wiltshire County Council Wirral District Council Wolverhampton City Council Worcestershire County Council |
Local Government Pension Scheme |
Aberdeen City Council The City of Edinburgh Council The City of Glasgow Council Dumfries & Galloway Council Dundee City Council Falkirk Council Fife Council The Highland Council Orkney Islands Council Scottish Borders Council Shetland Islands Council |
Local Government Pension Scheme (Scotland) |
Alfred McAlpine Group Areva Group British Energy Combined Group British Energy Generation Group Drax Power Group EA Technology Group EDF Energy Group Electricity Association Services Group E.ON UK Group First Hydro Group International Power Group Keadby Generation Group Magnox Electric Group Manweb Group National Grid Electricity Group Northern Electric Group RWE npower Group Southern Electric Group United Utilities Group Western Power Distribution Group |
Electricity Supply Pension Scheme |
Statutory Reference | Subject-matter |
Liabilities | |
Section 205 | Short service refund lump sum charge |
Section 206 | Special lump sum death benefit s charge |
Section 207 | Authorised surplus payments charge |
Section 215(9) | Lifetime allowance charge – amount of charge |
Section 217 | Lifetime allowance charge (joint & several with the individual) |
Section 227(3) | Annual allowance charge |
Section 238(3) and (4) | Pension input period |
Section239 | Scheme sanction charge |
Information | |
Section 250(1) | To make and deliver a registered pension scheme return |
Section 254 | Accounting for tax by scheme administrators |
Interest and penalties | |
Section 257 | Penalty for failure to comply with a S250 notice. |
Section 258(1) | Penalty for failure to provide information within S251(1)(a) |
Section 258(2) | Penalty for failure to comply with regulations within S251(1)(b) |
Section 259(1) | Penalty for failure to comply with a notice under S252 |
Section260(1), (4) and (6) | Penalties for failure to make a return within S254 |
Section 265(3) | Penalty for winding up a scheme to obtain a winding up lump sum |
Section 266(2) | Penalty for transfers to "non" insured schemes (unauthorised transfer) |
Section 266B | Scheme liability (inserted by Paragraph 4 Schedule10 FA 05) |
Section 267 | Discharge of lifetime allowance charge in the case of good faith. |
Section 268 | Unauthorised payment surcharge & scheme sanction charge |
Scheme administrator | |
Section 271 | Liability of a scheme administrator |
Section 272 | Trustees etc. liable as scheme administrator |
Section 273 | Members liable as scheme administrator |
Section 274 | Supplementary provisions |
Paragraph 1of Schedule28 | Scheme administrator to receive evidence of member's ill health. |
Paragraph 15(2)(b) of Schedule28 | Scheme administrator to agree if a child is a dependant |
Paragraph 15(3) of Schedule 28 | Scheme administrator to decide whether someone is a dependant. |
Paragraph 4(1) of Schedule 29 | Scheme administrator to consider evidence of serious ill health |
Paragraph 19(1)(d) of Schedule 29 | Scheme administrator to nominate arrangement for transfer lump sum benefit. |
Paragraph 19(2) (e) of Schedule 29 | Scheme administrator to nominate arrangement for transfer lump sum benefit. |
Paragraph 9(2) of Schedule 32 | Changes to benefit crystallisation event 2 |
Paragraph 9(3) of Schedule 32 | Changes to benefit crystallisation event 2 (inserted by paragraph 43(4) of Schedule10 to the Finance Act 2005 05). |
Paragraph 13(4) and (5) of Schedule 32 | Changes to benefit crystallisation event 3 (inserted by paragraph 43(5) of Schedule10 to the Finance Act 20005) |
Paragraph 14(1A) & (1B) of Schedule 32 | Changes to benefit crystallisation event 5 (inserted by paragraph 43(7) of Schedule10 to the Finance Act 2005) |
Paragraph 5 of Schedule 34 | Exemption for scheme administrator from s.205 & s.206 charges |
Paragraph 17 of Schedule 34 | Omits reference to scheme administrator in s. 217 |
Paragraph 4(1), (2) and (3) of Schedule36 | Transitional provisions for deemed registered schemes |
Paragraph 6 of Schedule 36 | Pre-commencement liability of scheme administrator |
[2] The functions of the Commissioners of Inland Revenue were transferred to the Commissioners for Her Majesty's Revenue and Customs by section 5(2) of the Commissioners for Revenue and Customs Act 2005 (c. 11). Section 50(1) of that Act provides that a reference to the Commissioners of Inland Revenue (however expressed) shall be taken as a reference to the Commissioners for Her Majesty's Revenue and Customs.back