The Personal Pension Schemes (Transfer Payments) Regulations 2001

Type Statutory-Instrument
Publication 2001-01-23
Last updated 2001-02-14
State In force
Department King's Printer of Acts of Parliament
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Made: 23rd January 2001

Laid before the House of Commons: 24th January 2001

Coming into force: In accordance with regulation 1

The Commissioners of Inland Revenue, in exercise of the powers conferred on them by section 638(2) and (7A) of the Income and Corporation Taxes Act 1988[^f00001], hereby make the following Regulations:

PART I — INTRODUCTORY

Citation, commencement and effect

1

Interpretation

2

In these Regulations, unless the context otherwise requires—

Requirements under section 638(2) of the Taxes Act

3

The provision for the making, acceptance and application of transfer payments, which is required to be made by a personal pension scheme, in order that the scheme may be approved by the Board for the purposes of Chapter IV of Part XIV, is the provision set out in regulations 4 to 13 (to be construed using the relevant definitions in regulation 2).

PART II — PROVISION FOR THE MAKING OF TRANSFER PAYMENTS

Basic obligations

4

but not to any other approved retirement benefits scheme or relevant statutory scheme.

the amount of the funds which represents those rights or has been, or will be, so used may be excluded from the transfer payment.

Transfer payments from one personal pension scheme to another—additional obligation to hand over a lump sum certificate where any of the payments originated from certain schemes mentioned in Chapter I

5

Transfer payments from a personal pension scheme to certain schemes mentioned in Chapter I—additional obligation to hand over a “nil” lump sum certificate where any of the payments originated from such schemes

6

PART III — PROVISION FOR THE ACCEPTANCE OF TRANSFER PAYMENTS

Basic obligation

7

Subject to regulations 4 and 8, a personal pension scheme may accept a transfer payment from—

but shall not accept a transfer payment from any other source without the prior written approval of the Board.

Prohibition of acceptance of certain transfer payments from certain schemes mentioned in Chapter I unless the administrator has obtained a certificate as to the value of the proposed transfer payment

8

(“the paying scheme”) in the circumstances described in paragraph (2) unless the administrator of the personal pension scheme has obtained the certificate referred to in paragraph (3) from the administrator of the paying scheme.

PART IV — PROVISION FOR THE APPLICATION OF TRANSFER PAYMENTS

Basic obligations

9

Subject to regulations 10 to 14, any transfer payment accepted by a personal pension scheme in accordance with these Regulations shall only be used for providing benefits listed in section 633(1) of the Taxes Act[^f00015] or for making a further transfer payment subject to the provisions of these Regulations.

Application of transfer payments to a personal pension scheme from or originating from certain schemes mentioned in Chapter I for the provision of “death benefits”

10

the accumulated value arising from that transfer payment or, as the case may be, that part shall be applied after the death of the individual referred to in regulation 8(2) in accordance with paragraph (2) or (3), in the events described in paragraph (2).

Application of transfer payments to a personal pension scheme from or originating from certain schemes mentioned in Chapter I for the provision of lump sums to the member

11

(“the paying scheme”) the provisions of paragraph (2) shall apply.

Application of transfer payments to a personal pension scheme where a “nil” lump sum certificate is held

12

Where—

no such lump sum may be paid out of the accumulated value arising from that transfer payment.

Obligations where there is a pension sharing order or provision

13

the administrator of the receiving scheme shall recalculate the amount shown on the certificate referred to in regulation 5(2) or (3)(b), according to any debit to which the individual’s rights under the scheme become subject by virtue of that order or provision, and shall prepare and sign a replacement certificate in respect of the individual’s rights remaining after the reduction referred to in section 29 of the 1999 Act[^f00019] or Article 26 of the 1999 Order[^f00020] has taken place.

the administrator of the receiving scheme shall prepare and sign a certificate in respect of the pension credit to which the transferee becomes entitled, showing that no amount may be paid out of the original payment by way of lump sum to the transferee.

PART V — EXCEPTIONS TO SECTION 638(7A) OF THE TAXES ACT AND SUPPLEMENTAL

Exceptions to section 638(7A) of the Taxes Act

14

Revocations and transitional provision

15

Signed

Tim Flesher — Dave Hartnett — Two of the Commissioners of Inland Revenue — 23rd January 2001

Explanatory note

(This note is not part of the Regulations)

Section 638(2) of the Income and Corporation Taxes Act 1988 (“section 638(2)” and “the Taxes Act” respectively) provides that the Commissioners of Inland Revenue (“the Board”) shall not approve a personal pension scheme unless it makes such provision for the making, acceptance and application of transfer payments as satisfies any requirements imposed by or under regulations made by the Board. These Regulations amend and consolidate those requirements.

Regulation 1 provides for citation and commencement and regulation 2 contains definitions.

Regulation 3 provides that the requirements referred to in section 638(2) are to make the provision set out in regulations 4 to 13.

Regulations 4, 5 and 6 set out the provision for the making of transfer payments to other personal pension schemes, certain retirement benefits schemes and statutory schemes.

Regulations 7 and 8 set out the provision for the acceptance by personal pension schemes of transfer payments from other personal pension schemes, retirement benefits schemes, relevant statutory schemes and retirement annuity contract or trust schemes.

The publication “Occupational Pension Schemes Practice Notes (IR 12)” referred to in regulation 8(3) may be obtained from the PSO Stationery Order Line, Pension Schemes Office, Yorke House, PO Box 62, Castle Meadow Road, Nottingham NG2 1BG (tel: 0115 974 1670), or from web site: www.inlandrevenue.gov.uk (Revenue leaflets).

Regulations 9 to 12 set out provision for the application of transfer payments made to personal pension schemes. Regulation 13 imposes obligations relating to the preparation of lump sum certificates where a pension sharing order or provision has been made.

Regulation 14 prescribes exceptions to section 638(7A) of the Taxes Act, allowing the transfer of funds which are subject to income drawdown in the circumstances specified.

Regulation 15 contains revocations and provides for the continuity of transfer payments made, and certificates given, under the revoked Regulations.

The Regulatory Impact Assessment for these Regulations can be obtained from Inland Revenue (Capital and Savings), Room 134, New Wing, Somerset House, Strand, London WC2R 1LB or from web site: www.inlandrevenue.gov.uk

Footnotes

[^f00001]: 1988 c. 1; subsection (7A) was inserted by paragraph 9 of Schedule 11 to the Finance Act 1995 (c. 4).

[^f00002]: Section 611AA was inserted by section 103 of the Finance Act 1994 (c. 9).

[^f00003]: Section 591(2A) was inserted by section 107(3) of the Finance Act 1994.

[^f00004]: S.I. 1988/1014; amended by S.I. 1989/1115 and 1997/480.

[^f00005]: Subsection (3) was amended by paragraph 6 of Schedule 17 to the Finance Act 1995.

[^f00006]: 2000 c. 7.

[^f00007]: 2000 c. 30.

[^f00008]: S.I. 1999/3147 (N.I. 11).

[^f00009]: Section 630 was renumbered as subsection (1) thereof, and the definition of “pension date” was inserted by paragraph 2 of Schedule 11 to the Finance Act 1995.

[^f00010]: 1993 c. 48.

[^f00011]: 1993 c. 49.

[^f00012]: Section 611A was inserted by paragraph 15 of Schedule 6 to the Finance Act 1989 (c. 26) and amended by paragraph 5 of Schedule 6 to the Finance Act 1999 (c. 16).

[^f00013]: Section 591(2)(g) was amended by Part V(12) of Schedule 26 to the Finance Act 1994 (c. 9).

[^f00014]: Section 640A was inserted by paragraph 4 of Schedule 7 to the Finance Act 1989 (c. 26).

[^f00015]: Section 633(1) was amended by paragraph 3 of Schedule 11 to the Finance Act 1995 (c. 4) and section 172 of the Finance Act 1996 (c. 8).

[^f00016]: Section 636 was amended by paragraph 6 of Schedule 11 to the Finance Act 1995 and paragraph 13 of Schedule 10 to the Finance Act 1999 (c. 16).

[^f00017]: Section 636A was inserted by paragraph 7 of Schedule 11 to the Finance Act 1995.

[^f00018]: Section 833(2) was amended by S.I. 1996/273.

[^f00019]: 1999 c. 30.

[^f00020]: S.I. 1999/3147 (N.I. 11).

[^f00021]: S.I. 1988/1014; regulation 4 was amended by S.I. 1989/1115.

[^f00022]: Section 638(7A) was inserted by paragraph 9 of Schedule 11 to the Finance Act 1995.

[^f00023]: Section 634A was inserted by paragraph 4 of Schedule 11 to the Finance Act 1995.

[^f00024]: Section 634 was amended by paragraph 12 of Schedule 10 to the Finance Act 1999 (c. 16).

[^f00025]: Section 633(1) was amended by paragraph 3 of Schedule 11 to the Finance Act 1995 and section 172 of the Finance Act 1996 (c. 8).

[^f00026]: Section 636A was inserted by paragraph 7 of Schedule 11 to the Finance Act 1995, and amended by paragraph 14 of Schedule 10 to the Finance Act 1999 and paragraph 12 of Schedule 13 to the Finance Act 2000 (c. 17).

[^f00027]: S.I. 1988/1014.

[^f00028]: S.I. 1989/1115.

[^f00029]: S.I. 1997/480.

Editorial notes

[^key-8c30465980d0e701e7503dcc508b4251]: Reg. 1 in force at 14.2.2001 for specified purposes and 6.4.2001 in so far as not already in force, see reg. 1(1)

[^key-563f13f47ed3116454bfec572727f988]: Reg. 2 in force at 14.2.2001 for specified purposes and 6.4.2001 in so far as not already in force, see reg. 1(1)

[^key-4299e890f06a2037ea75dc665013d477]: Reg. 3 in force at 14.2.2001 for specified purposes and 6.4.2001 in so far as not already in force, see reg. 1(1)

[^key-b142b94fd44dfef2d577fc397921cd79]: Reg. 4 in force at 14.2.2001 for specified purposes and 6.4.2001 in so far as not already in force, see reg. 1(1)

[^key-dad3e17b0dcbd3d78f01200df37b832a]: Reg. 5 in force at 14.2.2001 for specified purposes and 6.4.2001 in so far as not already in force, see reg. 1(1)

[^key-dba799ddde9e2cebc38aee4f0e882431]: Reg. 6 in force at 14.2.2001 for specified purposes and 6.4.2001 in so far as not already in force, see reg. 1(1)

[^key-8ec27817cffc70011cd297fb738f6b01]: Reg. 7 in force at 14.2.2001 for specified purposes and 6.4.2001 in so far as not already in force, see reg. 1(1)

[^key-a4e0b67a36e452039296079642b61b00]: Reg. 8 in force at 14.2.2001 for specified purposes and 6.4.2001 in so far as not already in force, see reg. 1(1)

[^key-58c164f51f1ab30a1d34fe9ab69d0b79]: Reg. 9 in force at 14.2.2001 for specified purposes and 6.4.2001 in so far as not already in force, see reg. 1(1)

[^key-a0964cf3ad677ec794013a1d1983845a]: Reg. 10 in force at 14.2.2001 for specified purposes and 6.4.2001 in so far as not already in force but with effect in accordance with reg. 15(1), see reg. 1

[^key-310a6ab28e0c7c2a89d65e1e6cf516ec]: Reg. 11 in force at 14.2.2001 for specified purposes and 6.4.2001 in so far as not already in force, see reg. 1(1)

[^key-45e261b7d401bfc1caab20ca7e244524]: Reg. 12 in force at 14.2.2001 for specified purposes and 6.4.2001 in so far as not already in force, see reg. 1(1)

[^key-683e7bceea786fadcae602940c611d6b]: Reg. 13 in force at 14.2.2001 for specified purposes and 6.4.2001 in so far as not already in force, see reg. 1(1)

[^key-830e8b3e73ca6797423db961b209d38d]: Reg. 14 in force at 14.2.2001 for specified purposes and 6.4.2001 in so far as not already in force, see reg. 1(1)

[^key-49983e7d441ac7a32f89b93008c16429]: Reg. 15 in force at 14.2.2001 for specified purposes and 6.4.2001 in so far as not already in force, see reg. 1(1)

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