Captured statutory text (L5)
17 Deferred connection
(1)Where the trustees or managers wish to defer the connection deadline that applies to a pension scheme by virtue of regulation 15(2)(aa), they may apply to the Secretary of State for permission to do this if—
(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(aa)no more than 12 months has passed since the coming into force of regulation 15(2)(aa);
(b)a deferral has not been permitted in respect of the pension scheme previously .
(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)If applying to defer the connection deadline that applies to a pension scheme, trustees or managers must—
(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(aa)submit evidence to demonstrate that at least one of the following conditions applies—
(i)that before the coming into force of regulation 15(2)(aa), they had embarked on a programme to transfer the data held by the pension scheme to a new administrator;
(ii)that before the coming into force of regulation 15(2)(aa), they had entered into a contract containing an obligation to retender the administration of the scheme, and that the timetable for this is reasonable and conflicts with the connection deadline;
(b)submit evidence to demonstrate that complying with the connection deadline—
(i)would be disproportionately burdensome, or
(ii)would put the personal data of members at risk;
(c)set out the steps being taken to ensure that the pension scheme can connect to the Money and Pensions Service at the earliest opportunity.
(3)The Secretary of State, following consultation with the Regulator and with the Money and Pensions Service, may by notice—
(a)grant permission to defer the connection deadline until such a date within 12 months of the connection deadline as the Secretary of State considers appropriate (referred to in this regulation as the “agreed deadline”), or
(b)refuse to grant permission to defer the connection deadline.
(4)Where permission is granted to defer the connection deadline under paragraph (3)(a), the agreed deadline remains fixed, unless all the members of the scheme become pensioner members.
(5)Once permission has been granted to defer the connection deadline under paragraph (3)(a), trustees or managers must—
(a)register the scheme with the Money and Pensions Service, having regard to the guidance referred to in regulation 15(2)(d);
(b)connect the pension scheme to the Money and Pensions Service by no later than the agreed deadline, in compliance with the standards referred to in regulation 15(2)(c) and having regard to the guidance referred to in regulation 15(2)(d);
(c)meet the requirements in regulation 15(4) and (5).
Full captured verbatim text
(1) Where the trustees or managers wish to defer the connection deadline that applies to a pension scheme by virtue of regulation 15(2)(aa), they may apply to the Secretary of State for permission to do this if— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (aa) no more than 12 months has passed since the coming into force of regulation 15(2)(aa); (b) a deferral has not been permitted in respect of the pension scheme previously . (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) If applying to defer the connection deadline that applies to a pension scheme, trustees or managers must— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (aa) submit evidence to demonstrate that at least one of the following conditions applies— (i) that before the coming into force of regulation 15(2)(aa), they had embarked on a programme to transfer the data held by the pension scheme to a new administrator; (ii) that before the coming into force of regulation 15(2)(aa), they had entered into a contract containing an obligation to retender the administration of the scheme, and that the timetable for this is reasonable and conflicts with the connection deadline; (b) submit evidence to demonstrate that complying with the connection deadline— (i) would be disproportionately burdensome, or (ii) would put the personal data of members at risk; (c) set out the steps being taken to ensure that the pension scheme can connect to the Money and Pensions Service at the earliest opportunity. (3) The Secretary of State, following consultation with the Regulator and with the Money and Pensions Service, may by notice— (a) grant permission to defer the connection deadline until such a date within 12 months of the connection deadline as the Secretary of State considers appropriate (referred to in this regulation as the “agreed deadline”), or (b) refuse to grant permission to defer the connection deadline. (4) Where permission is granted to defer the connection deadline under paragraph (3)(a), the agreed deadline remains fixed, unless all the members of the scheme become pensioner members. (5) Once permission has been granted to defer the connection deadline under paragraph (3)(a), trustees or managers must— (a) register the scheme with the Money and Pensions Service, having regard to the guidance referred to in regulation 15(2)(d); (b) connect the pension scheme to the Money and Pensions Service by no later than the agreed deadline, in compliance with the standards referred to in regulation 15(2)(c) and having regard to the guidance referred to in regulation 15(2)(d); (c) meet the requirements in regulation 15(4) and (5).