Pensions Act 2004

Commentary on Sections

Part 1 – the Pensions Regulator

Register of prohibited trustees

Section 67: Accessibility of register of prohibited trustees

231.Subsection (1) provides that the Regulator must ensure that the prohibition register is open during its normal working hours for people to inspect it without notice. Subsection (2) provides that where a request is made to the Regulator as to whether a particular person appears in the prohibition register as prohibited in respect of a specific scheme, a particular description of trust scheme, or in respect of all trust schemes, then the Regulator must comply with that request promptly in such manner as it considers reasonable.

232.Subsection (3) provides that the Regulator can publish a summary of the prohibition register if the summary contains:

• the full names and titles (where the Regulator has such record) of all the people appearing as prohibited in the register;

• the dates of birth of those people (where the Regulator has such record);

• for each person included in the published summary, whether they appear in the register as prohibited in respect of only one scheme, or in respect of two or more schemes, or as prohibited in respect of all trust schemes (as specified at subsection (4)(c)). For each of the three subcategories specified in subsection (4)(c), the Regulator must publish a separate register.

233.The published summary of the prohibition register must not identify any of the schemes in respect of which people who are named in the summary are prohibited and also must not disclose any other information contained in the register (subsections (3)(c) and (d) refer).

234.Subsections (6) to (8) deal with the information to be included in a published summary where the inclusion of a person in the register, or a particular part of it, may be, or is, subject to a review, or an appeal or other legal proceedings.

235.Subsection (9) defines ‘a determination which might still become the subject of a review, appeal or proceedings’ as one where:

• the time for the making of an application for a review or for the bringing of an appeal or other proceedings has not expired; and

• there is a reasonable likelihood that such an application might yet be made, or that such an appeal or such proceedings might yet be brought.