Part 1: Collective Money Purchase Benefits Authorisation criteria Section 11: Fit and proper persons requirement
This section applies for the purposes of enabling the Pensions Regulator to decide if key individuals involved with the scheme are fit and proper to act in their roles in relation to the scheme. Subsection (2) sets out that the people who must be assessed for these purposes to act in relation to the scheme in the capacity mentioned are: the person who establishes the scheme, a trustee of the scheme, persons who have the power to appoint or remove trustees, persons who have the power to vary the scheme’s provisions (i.e. trust deed or scheme rules) and persons acting in a capacity specified in regulations by the Secretary of State.
	Under subsection (3)(a), in assessing whether a person is fit and proper to act in that person’s role, the Regulator must take into account any matters specified in regulations. Under subsection (3)(b) the Regulator may also take into account other matters as it considers appropriate, including matters relating to a person who is connected with the person being assessed. The circumstances in which persons are connected for these purposes are set out in subsection (5), in line with definitions set out in sections 251 and 435 of the Insolvency Act 1986. They include individuals who are directors, or shadow directors, of the same company or where a trustee is able to exercise a power under the trust to benefit a specific individual.