Commentary on Sections Part 3 – General Changes to Legislation about Pension Schemes Section 38: Disclosure of information about schemes
Section 109 of the Pension Schemes Act sets out a power for the Department to make regulations in relation to occupational and personal pension schemes, setting out requirements to keep certain persons informed of various matters including the scheme’s constitution, its administration and finances, and the rights and obligations that may arise under the scheme.
This section amends section 109, removing the list at subsection (2) of the persons who can be kept informed under provisions of the regulations, and instead specifying that it applies in respect of ‘persons of prescribed descriptions’ – that is, the persons who should be kept informed will be set out in secondary legislation.
The section also introduces a requirement for schemes to have regard to any guidance prepared by the Department when complying with disclosure requirements.