Explanatory Notes

Pensions Act 2004

2004 CHAPTER 35

18 November 2004

Commentary on Sections

Part 1 – the Pensions Regulator

Register of schemes

Section 61: The register: inspection, provision of information and reports etc.

220.Subsection (1) of this section provides the power for regulations to be made in relation to the provision of information recorded in the register, extracts from the register, or copies of the register to specified persons in specified circumstances. Regulations can also provide for the inspection of the register, extracts from the register, or copies of the register by prescribed persons in prescribed circumstances.

221.Subsection (2) states that the regulations may confer functions on the Secretary of State, or other authorised person. In particular, this regulation-making power will enable the Secretary of State to provide a Pensions Tracing Service following the dissolution of Opra. This service will provide persons with a free service for tracing unclaimed or “lost” occupational and personal pensions. The regulations may also provide for disclosure of the information obtained by virtue of the regulations and may provide that the disclosure of restricted information under them may not be an offence.

222.Under the provisions in subsections (4), (5) and (6) the Secretary of State may direct the Regulator to produce reports, in a set format and within a set time, concerning the information held in the register, including the operation of the Regulator’s functions in relation to the register. These reports may be published.