C1C2C3C4C5C6C7C8C9C10C11C12C13C14C15Part 4Pension schemes etc
Pt. 4 modified (6.4.2006) by The Pension Protection Fund (Tax) Regulations 2006 (S.I. 2006/575), regs. 1, 9, 10
Pt. 4 modified (6.4.2006) by The Pension Protection Fund (Tax) Regulations 2006 (S.I. 2006/575), regs. 1, 12
Pt. 4 modified (6.4.2006) by The Pension Protection Fund (Tax) Regulations 2006 (S.I. 2006/575), regs. 1, 13(5)
Pt. 4 modified (6.4.2006) by The Pension Protection Fund (Tax) Regulations 2006 (S.I. 2006/575), regs. 1, 26
Pt. 4 modified (31.12.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 3 para. 7; S.I. 2007/3203, art. 3(b)
Pt. 4 modified (1.7.2008) (N.I.) (with effect in accordance with reg. 1 of the amending Rule) by The Health and Social Care (Pension Scheme) Regulations (Northern Ireland) 2008 (S.R. 2008/256), regs. 1, 124(1) (with regs. 134, 258)
Pt. 4 modified by The Taxation of Pension Schemes (Transitional Provisions) Order 2006 (S.I. 2006/572), reg. 5A (as inserted (6.4.2006) by S.I. 2008/2990, arts. 1(1), 3)
Pt. 4 applied (21.7.2009) by Finance Act 2009 (c. 10), Sch. 35 para. 18
Pt. 4 modified (19.7.2011) by Finance Act 2011 (c. 11), Sch. 18 para. 14(3)
Pt. 4 applied (with modifications) (with application in accordance with Sch. 22 para. 1 of the amending Act) by Finance Act 2013 (c. 29), Sch. 22 para. 1(2)
Pt. 4 modified (17.7.2014) by Finance Act 2014 (c. 26), Sch. 6 para. 1(2)(3)
Pt. 4: power to amend conferred (17.12.2014) by Taxation of Pensions Act 2014 (c. 30), s. 4(3)
Pt. 4 modified (15.9.2016) by Finance Act 2016 (c. 24), Sch. 4 para. 1
Pt. 4 modified (15.9.2016) by Finance Act 2016 (c. 24), Sch. 4 para. 9(2)
C10Chapter 3Payments by registered pension schemes
Introductory
I1162Meaning of “loan”
1
This section applies for the interpretation of this Chapter.
2
“Loan” does not include the purchase of or subscription to debentures, debenture stock, loan stock, bonds, certificates of deposit or other instruments creating or acknowledging indebtedness which are—
a
listed or dealt in on a recognised stock exchange (within the meaning of F8section 1005 of ITA 2007), or
b
offered to the public.
3
A guarantee of a loan made to or in respect of a F3person who is or has been a member or sponsoring employer of a registered pension scheme F1, or to or in respect of a person who is connected with a F3person who is or has been a member or sponsoring employer of a registered pension scheme but is not F4such a person, is to be treated as a loan to or in respect of the F3person who is or has been a member or sponsoring employer of an amount equal to the amount guaranteed.
4
If a F5person who is or has been a member or sponsoring employer of a registered pension scheme F2or a person who is connected with a F5person who is or has been a member or sponsoring employer of a registered pension scheme but is not F6such a person—
a
is liable to pay a debt, the right to payment of which constitutes an asset held for the purposes of the pension scheme, but
b
is not required to pay it by the relevant date,
the debt is to be treated as a loan made by the pension scheme to the F5person who is or has been a member or sponsoring employer on that date.
5
The relevant date is the date by which a person at arm’s length from the pension scheme might be expected to be required to pay the debt.
F76
For the purposes of this section whether a person is connected with another person is determined in accordance with section 993 of ITA 2007.
Pt. 4 modified (N.I.) (1.4.2006) by The Firemens Pension Scheme Order (Northern Ireland) 2006 (S.R. 2006/210), arts. 1(2), 103