Blake Morgan LLP

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Adrian Lamb
Blake Morgan LLP
Arshoo Singh
Blake Morgan LLP
Claire Lamkin
Blake Morgan LLP
Matthew Corrie
Blake Morgan LLP
Penny Rinta-Suksi
Blake Morgan LLP
Contributions by Blake Morgan LLP

22

Employer duties to provide pensions to employees
Employer duties to provide pensions to employees
Practice notes

This Practice Note covers employers’ duties under statute and common law to make pension provision for employees. Statutory duties include providing access to a stakeholder pension scheme, enrolling eligible jobholders automatically into a qualifying pension scheme, providing information on pensions and consulting employees on pension changes. Common law duties include the implied duty of trust and confidence.

GPhC—Decisions of the Fitness to Practise Committee
GPhC—Decisions of the Fitness to Practise Committee
Practice notes

This Practice Note explains the decisions that can be made by the Fitness to Practise Committee of the General Pharmaceutical Council (GPhC) under The General Pharmaceutical Council (Fitness to Practise and Disqualification etc. Rules) Order 2010, SI 2010/1615 and the Pharmacy Order 2010, SI 2010/231. It includes information on what is meant by findings of fact, whether the findings on the allegation amount to current impairment of fitness to practise, the decisions that can be made on sanctions, conditional entries on the Register, interim measures that can be imposed and the position in relation to costs.

GPhC—Fitness to Practise Committee
GPhC—Fitness to Practise Committee
Practice notes

This Practice Note explains the practice and procedures of the Fitness to Practise Committee of the General Pharmaceutical Council (GPhC) under the General Pharmaceutical Council Fitness to Practise Rules Order of Council 2010, SI 2010/1615, and the Pharmacy Order 2010, SI 2010/231. It covers the procedure at the hearing, service of documents, case management meetings, notice of hearings and costs, decisions of the Committee, decisions on sanctions, interim orders and appealing the Committee’s decision.

GPhC—Interim measures, reviewing conditions and suspension
GPhC—Interim measures, reviewing conditions and suspension
Practice notes

This Practice Note explains the procedure of imposing interim measures or the review of conditions or suspension under the Pharmacy Order 2010, SI 2010/23 and the General Pharmaceutical Council (Fitness to Practise and Disqualification etc. Rules) Order 2010, SI 2010/1615. It includes information regarding entry on the sex offenders register or the barred lists.

Participation of new employer in a scheme
Participation of new employer in a scheme
Practice notes

This Practice Note considers the issues relevant to the participation of a new employer in a pension scheme, including the events which may end that participation, other considerations derived from the trust deed and rules of the scheme, reporting requirements, auto-enrolment issues and other member-related issues.

Substitution of principal employer
Substitution of principal employer
Practice notes

This Practice Note looks at the issues to consider when substituting the principal employer of a pension scheme, as well as the formalities to go through and the reporting and disclosure requirements to comply with.

Confidentiality agreement (pensions)
Confidentiality agreement (pensions)
Precedents

This precedent is suitable for use where the employer requires the trustees of an occupational pension scheme to enter into some confidentiality or non-disclosure undertakings in relation to information that is disclosed to them by the employer.

Deed of apportionment of liability—Flexible apportionment
Deed of apportionment of liability—Flexible apportionment
Precedents

This precedent is suitable for use by parties who wish to enter into a flexible apportionment arrangement (FAA) under reg 6E of the Occupational Pension Schemes (Employer Debt) Regulations 2005, SI 2005/678, either before or after an employment cessation event has occurred in relation to a departing employer from a defined benefit (DB) occupational pension scheme.

Deed of apportionment of liability—Scheme apportionment
Deed of apportionment of liability—Scheme apportionment
Precedents

This precedent is suitable for use by parties who wish to enter into a scheme apportionment arrangement (SAA) under reg 6B of the Occupational Pension Schemes (Employer Debt) Regulations 2005, SI 2005/678, as a result of an employment cessation event involving a defined benefit (DB) occupational pension scheme.

Deed of participation
Deed of participation
Precedents

This is a precedent deed of participation (also known as a deed of adherence) suitable for a trust-based pension scheme. The deed of participation will allow a new employer to be admitted as a participating employer of such a scheme.

Deed of substitution
Deed of substitution
Precedents

This is a precedent deed of substitution suitable for a trust-based pension scheme. The deed of substitution will enable the principal employer of such a scheme to be replaced by a new principal employer. The deed also contains some indemnification wording as well as suitable wording to amend the name of the scheme.

Member nominated trustee arrangement
Member nominated trustee arrangement
Precedents

This precedent is suitable for use by the trustees (or trustee company) of an occupational pension scheme to communicate to members the details of the arrangements put in place to comply with the requirements of the Pensions Act 2004, ss 241–243 and the Pensions Regulator, namely the requirement that at least one third of the trustee board be composed of member nominated trustees (or member nominated directors).

Member—nominated trustee—nomination form
Member—nominated trustee—nomination form
Precedents

This precedent is suitable for use as a form on which members of an occupational pension scheme (or organisations representing them) can nominate a member-nominated trustee (or a member-nominated director) in compliance with the requirements of the Pensions Act 2004, ss 241–243 and the Pensions Regulator.

Member—nominated trustees—invitation to nominate
Member—nominated trustees—invitation to nominate
Precedents

This precedent is suitable for use by the trustees (or trustee company) of an occupational pension scheme to invite members (or organisations representing them) to nominate a member-nominated trustee (or a member-nominated director) in compliance with the requirements of the Pensions Act 2004, ss 241–243 and the Pensions Regulator.

Register of conflicts of interest for advisers
Register of conflicts of interest for advisers
Precedents

This precedent is suitable for use by the trustees (or trustee company) of an occupational pension scheme as a register that identifies and records the conflicts of interest of their advisers, in accordance with the Pensions Regulator’s guidance on conflicts of interest.

Register of conflicts of interest for trustees
Register of conflicts of interest for trustees
Precedents

This precedent is suitable for use by the trustees (or trustee company) of an occupational pension scheme as a register that identifies and records their conflicts of interest, in accordance with the Pensions Regulator’s guidance on conflicts of interest.

Resolution to amend resolution passed before 6 April 2011 to preserve power to pay surplus to the scheme’s employer under the Pensions Act 2004, s 251 [Archived]
Resolution to amend resolution passed before 6 April 2011 to preserve power to pay surplus to the scheme’s employer under the Pensions Act 2004, s 251 [Archived]
Precedents

This precedent records a trustee resolution to amend or revoke a resolution passed before 6 April 2011 under the Pensions Act 2004, s 251(6A), ie a resolution passed to retain a power to pay a surplus to an employer.

Resolution to preserve the power to pay a surplus to the scheme’s employer under the Pensions Act 2004, s 251 [Archived]
Resolution to preserve the power to pay a surplus to the scheme’s employer under the Pensions Act 2004, s 251 [Archived]
Precedents

This precedent records a trustee resolution to retain a power to pay a surplus to an employer, where no Resolution has previously been passed under the Pensions Act, s 251.

Selection of member—nominated trustees—ballot form
Selection of member—nominated trustees—ballot form
Precedents

This precedent is suitable for use as a ballot form through which members of an occupational pension scheme can select a member-nominated trustee (MNT) in circumstances where the number of MNT nominations received exceeds the number of MNT vacancies.

Trustee minutes (general)
Trustee minutes (general)
Precedents

This precedent is suitable for use by the trustees of a pension scheme to record minutes of a trustee meeting.

Contributions by Blake Morgan LLP Experts

2

GPhC—Appeals Committee
GPhC—Appeals Committee
Practice notes

This Practice Note explains the practice and procedure of the Appeals Committee of the General Pharmaceutical Council. It deals with what decisions can be considered by the Appeals Committee, the burden of proof, the procedure of the Appeals Committee, the decision of the Appeals Committee and costs.

GPhC—Sanctions
GPhC—Sanctions
Practice notes

This Practice Note explains the powers of the Fitness to Practise Committee of the General Pharmaceutical Council (GPhC) to impose sanctions following a fitness to practise hearing. It includes information on the agreement of undertaking, the types of sanctions available to registrants, the purpose of sanctions, general principles of fairness, proportionality and reasonableness, and the Fitness to Practice Committee’s duty to give reasons. This Practice Note also explains the approach taken in relation to cases involving dishonesty and sexual misconduct.

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