PENSIONS Citation, commencement and interpretation 1 1 These Regulations may be cited as the Pension Protection Fund (Miscellaneous Amendments) Regulations 2007 and shall come into force on 6th April 2007. 2 In these Regulations “assessment date” means the date on which the assessment period in relation to the scheme or section, or (where there has been more than one such assessment) the last one, began. Amendment of the Pension Protection Fund (Entry Rules) Regulations 2005 2 1 Amend the Pension Protection Fund (Entry Rules) Regulations 2005 as follows. 2 In regulation 2(1) (schemes which are not eligible schemes)— a after sub-paragraph (f) insert— fa a tax registered scheme which, immediately before 6th April 2006, was a former approved superannuation fund within the meaning of paragraph 1(1)(b) of Schedule 36 to the Finance Act 2004 (deemed registration of existing schemes); ; b for head (i) of sub-paragraph (l) substitute— i the provisions of the scheme provide that any decision made by the trustees is made by the unanimous agreement of the trustees who are members of the scheme; or ; and c for head (i) of sub-paragraph (m) substitute— i the provisions of the scheme provide that any decision made by the company in its capacity as trustee is made by the unanimous agreement of the directors of that company who are members of the scheme; or . 3 In paragraph 5(b) of the Schedule (contents of accounts audited by the auditor of the scheme) for “regulation 12” to the end of that paragraph substitute “regulation 13 of the Occupational Pension Schemes (Investment) Regulations 2005 (investments to which restrictions do not apply) applies”. Amendment of the Pension Protection Fund (Compensation) Regulations 2005 3 1 Amend the Pension Protection Fund (Compensation) Regulations 2005 as follows. 2 In regulation 19(3) (commutation of periodic compensation) for “paragraph 20(2)(b)” substitute “regulation 20(2)(b)”. Amendment of the Pension Protection Fund (Valuation) Regulations 2005 4 1 Amend the Pension Protection Fund (Valuation) Regulations 2005 as follows. 2 In regulation 1(2) (interpretation)— a after the definition of “pension credit rights” insert— “pre-6th April 1997 contract of insurance” means a contract of insurance that— falls within the definition of a relevant contract of insurance in section 161(8) of the Act; was taken out before 6th April 1997; and the trustees or managers are, or should reasonably be, aware of; ; and b for the definition of “relevant accounts” substitute— “relevant accounts” for the purposes of identifying and valuing the assets of a scheme, means audited accounts for the scheme which— contain the information specified in the Schedule; show a true and fair value of — the financial transactions of the scheme during the period to which the accounts relate (“the accounting period”); the amount and disposition of the assets at the end of the accounting period; and the liabilities of the scheme, other than the liabilities to pay pensions and benefits, after the end of the accounting period; include a report by the auditor in writing as to whether or not in his opinion the requirements of paragraphs (a) and (b) above are satisfied; and are prepared in respect of a period ending with the relevant time of the valuation; . 3 In regulation 2 (provision of actuarial valuation to determine scheme underfunding)— a for paragraph (1) substitute— 1 The trustees or managers of an eligible scheme shall provide the Board or the Regulator on the Board’s behalf with its first section 179 valuation— a in the case of an eligible scheme which is a registrable scheme prior to 6th April 2007— i within 15 months of the relevant time of that valuation; or ii by no later than 31st March 2008, whichever is the earlier; b in the case of an eligible scheme which becomes a registrable scheme on or after 6th April 2007, within 15 months of the effective date of the first actuarial valuation obtained by them under section 224 of the Act (actuarial valuations and reports). ; b omit paragraphs (2) and (3); c in paragraph (5) for “12 months” substitute “15 months”. 4 In regulation 3 (excluded assets) after paragraph (b) add— c in the case of either a section 143 or section 179 valuation, an amount in respect of the value of any pre-6th April 1997 contract of insurance if— i the trustees or managers have taken all reasonable steps to obtain information concerning that contract of insurance (whether by searching the records of the scheme or otherwise); and ii the information that they provide concerning that contract of insurance is insufficient, in the opinion of the appropriate person, to conduct a valuation. . 5 In regulation 6 (valuation of protected liabilities)— a the provisions of the regulation shall become paragraph (1) of the regulation; and b after that paragraph add— 2 Where regulation 3(c) applies, the amount representing the value of a protected liability in respect of the benefits secured by a pre-6th April 1997 contract of insurance shall be excluded from the valuation of the eligible scheme’s protected liabilities. . 6 After regulation 10 (prescribed qualifications for the purposes of section 143 and section 179 of the Act) add— SCHEDULE Contents of Accounts Audited by the Auditor of the Scheme Regulation 1(2) 1 An account of the financial additions to, withdrawals from and changes to the value of the fund during the accounting period. 2 1 A statement, as at the end of the accounting period, of the assets at market value, or trustees’ or managers’ estimate thereof where the market value is not readily ascertainable, and liabilities of the scheme, other than liabilities to pay pensions and benefits after the end of the accounting period— a giving, in the case of any assets which are stated as an estimate of their market value, the reason why the valuation is an estimate; b showing the distribution of the investments and other assets of the scheme between each of the following categories (where none of the investments falls within a particular category, that fact is not required to be stated), namely— i insurance policies; ii public sector fixed interest investments and separately showing quoted securities and unquoted securities; iii other fixed interest investments and separately showing quoted securities and unquoted securities; iv index-linked securities and separately showing quoted securities and unquoted securities; v equities (including convertible shares) and separately showing quoted equities and unquoted equities; vi property (which in this paragraph means any right or interest in freehold or leasehold land or buildings); vii unit trusts invested in property; viii other unit trusts; ix managed funds (other than unit trusts) invested in property; x other managed funds (not being unit trusts); xi loans (whether or not secured by mortgage); xii cash deposits and cash in hand; xiii investments and other assets not included in heads (i) to (xii) above; and c showing separately, in the case of investments in each category, investments in the United Kingdom and investments outside the United Kingdom, and in the case of cash investments mentioned in heads (vii) to (x) of sub-paragraph (b) investments where the company operating the unit trust or managed fund is, and where it is not, a company registered in the United Kingdom. 2 Where the assets include insurance policies which are specifically allocated to the provision of benefits for, and which provide all the benefits payable under the scheme to, particular members or other persons in respect of particular members or both, those policies must be included in the statement and there must be a note of the existence of such policies but that entry need not include their market value or an estimate. 3 Where the assets— a are invested only for the purposes of securing additional money purchase benefits derived from voluntary contributions; and b are specifically allocated to the provision of additional benefits for particular members or other persons in respect of particular members (or both), a note that paragraphs (a) and (b) apply must be included in the statement, but that entry need not include the market value or an estimate of value of those assets. 3 Where any assets or liabilities are denominated in currencies other than sterling, a translation of those assets into sterling and an explanation of the basis on which they have been translated. 4 Particulars of any investment (other than in UK Government securities) in which more than 5 per cent. of the total value of the net assets of the scheme is invested, and if any such investment is an insurance policy, a statement of its main characteristics. 5 Where the scheme has employer-related investments, within the meaning of section 40(2) of the Pensions Act 1995 (restriction on employer-related investments), a statement— a as to the percentage of the scheme’s resources invested in such investments at the end of the accounting period; and b if that percentage exceeds 5 per cent., as the percentage of the scheme’s resources which are investments to which regulation 13 of the Occupational Pension Schemes (Investment) Regulations 2005 (restrictions on employer-related investments) applies. 6 In respect of every other amount shown in the accounts other than the amounts referred to in paragraph 7, a statement of the corresponding amount for the scheme year previous to the accounting period, except in a case where regulation 2 of the Occupational Pension Schemes (Requirement to obtain Audited Accounts and a Statement from the Auditor) Regulations 1996 (requirement for trustees or managers to obtain documents) is complied with by the trustees or managers of a scheme for the first time. 7 The total amount of the purchases and the total amount of the sales of investments during the accounting period. 8 A statement whether the accounts have been prepared in accordance with the Statement of Recommended Practice, the guidelines (“Financial Reports of Pension Schemes”) published by the Pensions Research Accountants Group or another organisation approved for this purpose by the Accounting Standards Board , current at the end of the accounting period and, if not, an indication of where there are any material departures from those guidelines. . Amendment of the Pension Protection Fund (General and Miscellaneous Amendments) Regulations 2006 5 1 Amend the Pension Protection Fund (General and Miscellaneous Amendments) Regulations 2006 as follows. 2 In regulation 6 (circumstances where the Board is not required to recover overpaid scheme benefits)— a in paragraph (2) for the words “it shall determine, having regard to any evidence provided under paragraph (1)(c)(ii),” substitute “it shall as soon as reasonably practicable determine”; and b after paragraph (2) insert— 2A The Board may request such additional information from the person who gave the hardship notification as it reasonably requires for the purpose of making a determination under paragraph (2). 2B In making the determination, the Board shall have regard to any evidence provided under paragraph (1)(c)(ii) and any information provided in accordance with paragraph (2A) . . 3 In regulation 16 (recovery of PPF compensation overpayments)— a in paragraph (2) for the words “it shall determine, having regard to any evidence provided under paragraph (1)(c)(ii),” substitute “it shall as soon as reasonably practicable determine”; and b after paragraph (2) insert— 2A The Board may request such additional information from the person who gave the hardship notification as it reasonably requires for the purpose of making a determination under paragraph (2). 2B In making the determination, the Board shall have regard to any evidence provided under paragraph (1)(c)(ii) and any information provided under paragraph (2A). . Transitional provision for schemes with an assessment date before 1st April 2007 6 In the case of a scheme with an assessment date before 1st April 2007, the definition of “relevant accounts” in regulation 1(2) of the Pension Protection Fund (Valuation) Regulations 2005 shall continue to have effect until 31st December 2007 as if regulation 4(2)(b) of these Regulations had not come into force. Revocation 7 The following provisions are revoked— a paragraph 13A of the Schedule to the Pension Protection Fund (Reviewable Matters) Regulations 2005 (prescribed period for failure to make a determination under regulation 6(2) of the Pension Protection Fund (General and Miscellaneous Amendments) Regulations 2006); b regulation 21(5)(b) of the Pension Protection Fund (General and Miscellaneous Amendments) Regulations 2006 (amendment of the Entry Rules Regulations); c regulation 3 of the Pension Protection Fund (Reviewable Matters and Review and Reconsideration of Reviewable Matters) (Amendment) Regulations 2006 (which inserts the provision revoked by sub-paragraph (a)). Signed by authority of the Secretary of State for Work and Pensions. James Purnell Minister of State, Department for Work and Pensions 9th March 2007