Citation and commencement

1. These Regulations may be cited as the Registered Pension Schemes (Miscellaneous Amendments) Regulations 2022 and come into force on 6th April 2022.

Amendment of the Registered Pension Schemes (Provision of Information) Regulations 2006

2.The Registered Pension Schemes (Provision of Information) Regulations 2006( 3 ) are amended as follows.

3. In regulation 3 (Provision of information by scheme administrator to the Commissioners)—

(a) in paragraph 6(b) after “paragraph (7)” insert “, (9)” , and

(b) after paragraph (8) insert—

“ (9) An event report in respect of reportable event 22, in a case where regulation 14A(6A) or (6B) applies, must be delivered—

(a) within 3 months of the date of issue of the pension savings statement, or

(b) if later, on or before 31st January following the tax year to which the report relates. ” .

4. In regulation 14A (Annual allowance: annual provision of information by scheme administrator to member)( 4 )—

(a) in paragraph (4) for “and (6)” substitute “, (6) and (6C)” , and

(b) after paragraph (6) insert—

“ (6A) This paragraph applies where—

(a) the scheme administrator has been provided with additional information concerning the member by the member’s employer in respect of the relevant pension input period pursuant to regulation 15B, and

(b) the conditions in paragraph (1)(a) and (b) are met.

(6B) This paragraph applies where —

(a) a change is made to scheme rules,

(b) as a result of the change to scheme rules the aggregate of the member’s pension input amounts has changed in a pension input period, and

(c) the conditions in paragraph (1)(a) and (b) are met.

(6C) Where paragraph (6A) or (6B) applies, the scheme administrator must provide the member with a pension savings statement for a pension input period falling within the relevant time—

(a) within 3 months after the scheme administrator receives the additional information pursuant to regulation 15B or the change to scheme rules is made, or

(b) if later, on or before the date specified in paragraph (4),

irrespective of whether a pension savings statement has previously been provided for the relevant tax year.

(6D) In this regulation “ relevant time ” means a time beginning with the start of the tax year 6 years before the current tax year and ending with the end of the current tax year.

(6E) In this regulation, “ current tax year ” means the tax year in which the condition in paragraph (6A)(a) or (6B)(a) is met. ”

5. After regulation 14C (Individual protection 2016: provision of information by scheme administrator to member on request)( 5 ) insert—

“ Annual allowance: provision of updated information by scheme administrator to member

14D. —(1) Where, for a pension input period falling within the relevant time—

(a) the scheme administrator has provided a member with information in respect of a pension input period ending in a tax year (“the relevant pension input period”) pursuant to regulation 14A(1) or 14B(1), and

(b) either—

(i) the scheme administrator has since been provided with additional information concerning the member by the member’s employer in respect of the relevant pension input period pursuant to regulation 15B (“the regulation 15B information”), or

(ii) as a result of a change to scheme rules the aggregate of the member’s pension input amounts has changed in any pension input period falling within the relevant time (“the rule change aggregate”), and

(c) the scheme administrator is not required to provide the member with a pension savings statement for the relevant pension input period under regulation 14A(6C),

the scheme administrator must provide the information referred to in paragraph (1)(a), as amended where necessary by either the regulation 15B information or the rule change aggregate, to the member again (“the updated information”).

(2) The updated information must be provided by the scheme administrator—

(a) within 3 months after the scheme administrator receives the regulation 15B information or the change to scheme rules is made, or

(b) if later, on or before 6th October following the tax year in which the relevant pension input period ended.

(3) In this regulation “ relevant time ” means a time beginning with the start of the tax year 6 years before the current tax year and ending with the end of the current tax year.

(4) In this regulation, “ current tax year ” means the tax year in which either of the conditions in paragraph (1)(b) are met. ”

6. After regulation 15A (Annual allowance: information to be provided to scheme administrators by certain persons)( 6 ) insert—

“ Annual allowance: additional information to be provided to scheme administrators by certain persons

15B. —(1) Where, for a pension input period falling within the relevant time—

(a) an employer has provided information to the scheme administrator under regulation 15A, and

(b) the employer becomes aware that the information provided under regulation 15A is insufficient to enable the scheme administrator to correctly calculate the pension input amounts in respect of the arrangement for the pension input period ending in that tax year,

the employer must provide to the scheme administrator such information as will enable the scheme administrator to recalculate the pension input amounts in respect of the arrangement for the pension input period ending in that tax year.

(2) The information must be provided to the scheme administrator within 3 months of the employer becoming aware that the information provided under regulation 15A is insufficient or, (if later), on or before 6th July following the tax year in which the pension input period ends.

(3) In this regulation “ relevant time ” means a time beginning with the start of the tax year 6 years before the current tax year and ending with the end of the current tax year.

(4) In this regulation, “ current tax year ” means the tax year in which the condition in paragraph (1)(b) is met.

(5) The obligations contained in this regulation shall apply to a responsible person (see paragraph (6)) and for the purposes of applying this regulation to the responsible person, references to “employer” shall be read as referring to the responsible person.

(6) In this regulation “ responsible person ” means a person who is responsible for providing the scheme administrator of a registered pension scheme with such information as will enable the scheme administrator to calculate the pension input amounts in respect of a member where the member is an active member of that scheme in relation to an arrangement under the scheme for all or part of a pension input period ending in a tax year. ”

Amendment of the Registered Pension Schemes (Notice of Joint Liability for the Annual Allowance Charge) Regulations 2011

7. The Registered Pension Schemes (Notice of Joint Liability for the Annual Allowance Charge) Regulations 2011( 7 ) are amended as follows.

8. In regulation 4 (Amendment to the notice)—

(a) in paragraph (2) after “2” insert “(excluding regulation 2(2))” ,

(b) after paragraph (2) insert—

“ (2A) Where the amount specified in the further notice is £2,000 or less, the individual must confirm in the further notice whether the amount of the individual’s liability to the annual allowance charge for the relevant tax year exceeds £2,000. ” , and

(c) in paragraph (3) for “4 years” substitute “6 years” .