The Pensions Regulator’s winding-up powers—in practice
The Pensions Regulator’s winding-up powers—in practice

The following Pensions guidance note provides comprehensive and up to date legal information covering:

  • The Pensions Regulator’s winding-up powers—in practice
  • Powers to wind up schemes
  • Section 11 orders in practice—overview
  • Section 11 orders issued where scheme no longer required
  • Section 11 orders issued to protect the interests of the generality of the members of the scheme
  • Refusal to issue a section 11 order

THIS PRACTICE NOTE ONLY APPLIES TO OCCUPATIONAL PENSION SCHEMES

This Practice Note looks at examples of:

  1. where the Pensions Regulator (the Regulator) has issued an order directing or authorising the winding-up of an occupational pension scheme under the Pensions Act 1995 (PA 1995), s 11(1) (a ‘section 11 order’) and the reasoning of the Determinations Panel of the Regulator for issuing the order in each case

  2. where the Determinations Panel has refused to issue a section 11 order

In practice, it should only rarely be necessary for the Regulator to exercise its powers to wind up a scheme, and the Regulator is unlikely to make a section 11 order without a compelling case being made to it. Alternatively, it may in exceptional circumstances be necessary to apply to the court for directions to wind up a scheme.

Powers to wind up schemes

Under section 11(1) of PA 1995, the Regulator may, by order, direct or authorise an occupational pension scheme to be wound up if it is satisfied that:

  1. the scheme, or any part of it, ought to be replaced by a different scheme (PA 1995, s 11(1)(a))

  2. the scheme is no longer required (PA 1995, s 11(1)(b)), or

  3. it is necessary in order to protect the interests of the generality of the members of the scheme that the scheme be