The Pensions Dashboards (Amendment) Regulations 2023

• Citation: S.I. 2023/858
• Sections: 11

Section 1 Citation, commencement and extent

(1) These Regulations may be cited as the Pensions Dashboards (Amendment) Regulations 2023.

(2) These Regulations come into force on 9th August 2023.

(3) These Regulations extend to England and Wales and Scotland.

Section 2 Amendments to the Pensions Dashboards Regulations 2022

The Pensions Dashboards Regulations 2022 are amended in accordance with regulations 3 to 11.

Section 3 Amendment of regulation 14

In regulation 14(2) (cooperation - trustees or managers), for “the staging profile” substitute “regulation 15(1)” .

Section 4 Amendment of regulation 15

In regulation 15 (connection according to the staging profile)—

(a) in the heading, for “staging profile” substitute “connection deadline” ;

(b) in paragraph (2)—

(i) in the opening words, omit “16,”;

(ii) omit sub-paragraphs (a) and (b);

(iii) before sub-paragraph (c) insert—

(aa) by no later than the connection deadline;

(iv) in sub-paragraph (d)—

(aa) after “from time to time by” insert “the Secretary of State,” ;

(bb) before “jointly” insert “by at least two of them” ;

(c) omit paragraph (3);

(d) for paragraph (6) substitute—

(6) The connection deadline that applies to a pension scheme under paragraph (2)(aa) remains fixed, unless—

(a) the deadline changes pursuant to regulation 17, 19 or 20, or

(b) all the members of the scheme become pensioner members.

Section 5 Amendment of regulation 16

In regulation 16 (early or voluntary connection)—

(a) in the heading, omit “Early or”;

(b) in paragraph (1)—

(i) omit sub-paragraph (a) including the “or” at the end of the sub-paragraph;

(ii) in the closing words, omit “early or”;

(c) in paragraphs (2) and (3), omit “early or” in each place it occurs;

(d) in paragraph (4)—

(i) in the opening words, omit “early or”;

(ii) in sub-paragraph (a)—

(aa) in the opening words, omit “even if there is a change in the classification of the scheme type or in its size,”;

(bb) at the end of paragraph (ii), for “;” substitute “.” ;

(iii) omit sub-paragraph (b);

(e) in paragraph (5)—

(i) in the opening words, omit “early or”;

(ii) in sub-paragraph (b), for “within the connection window referred to in paragraph (4)(b)” substitute “by no later than the agreed deadline” .

Section 6 Amendment of regulation 17

In regulation 17 (deferred connection)—

(a) in paragraph (1)—

(i) in the opening words, for “staging deadline that applies to a pension scheme by virtue of regulation 15(2)(a)” substitute “connection deadline that applies to a pension scheme by virtue of regulation 15(2)(aa)” ;

(ii) omit sub-paragraph (a);

(iii) before sub-paragraph (b), insert—

(aa) no more than 12 months has passed since the coming into force of regulation 15(2)(aa);

(iv) at the end of sub-paragraph (b), for “;” substitute “.” ;

(v) omit sub-paragraph (c);

(b) in paragraph (2)—

(i) in the opening words, for “staging deadline” substitute “connection deadline” ;

(ii) omit sub-paragraph (a);

(iii) before sub-paragraph (b), insert—

(aa) submit evidence to demonstrate that at least one of the following conditions applies—

(i) that before the coming into force of regulation 15(2)(aa), they had embarked on a programme to transfer the data held by the pension scheme to a new administrator;

(ii) that before the coming into force of regulation 15(2)(aa), they had entered into a contract containing an obligation to retender the administration of the scheme, and that the timetable for this is reasonable and conflicts with the connection deadline;

(iv) in sub-paragraph (b), in the opening words, for “staging deadline” substitute “connection deadline” ;

(c) in paragraph (3), for “staging deadline”, in each place it occurs, substitute “connection deadline” ;

(d) for paragraph (4), substitute—

(4) Where permission is granted to defer the connection deadline under paragraph (3)(a), the agreed deadline remains fixed, unless all the members of the scheme become pensioner members.

(e) in paragraph (5)—

(i) in the opening words, for “staging deadline” substitute “connection deadline” ;

(ii) in sub-paragraph (b), for “within the connection window referred to in paragraph (4)(b)” substitute “by no later than the agreed deadline” .

Section 7 Amendment of regulation 18

In regulation 18 (connection where the staging profile does not apply)—

(a) for the heading, substitute “Connection for new or growing schemes” ;

(b) for paragraph (1)(a) substitute—

(a) a pension scheme does not exist at the reference date or has fewer than 100 relevant members at the reference date, but is established (if it did not exist previously) and has 100 or more relevant members at a scheme year end date on or after 1st April 2024

(c) in paragraph (2)(b), for “staging deadline for the equivalent scheme type and size (as if it did exist at the reference date)” substitute “connection deadline that applies to a scheme which is covered by regulation 15(1)” ;

(d) omit paragraph (3);

(e) for paragraph (4), substitute—

(4) Once a deadline applies pursuant to paragraph (2), that deadline remains fixed, unless—

(a) permission to defer connection is given under regulation 17, or

(b) all the members of the scheme become pensioner members.

(f) in paragraph (5)(b), for “within the connection window referred to in paragraph (4)(b)” substitute “by no later than the deadline pursuant to paragraph (2)” .

Section 8 Amendment of regulation 19

In regulation 19 (connection where the Pensions Dashboards Regulations 2022 cease to apply and then apply again)—

(a) for paragraph (3), substitute—

(3) Once a deadline applies pursuant to paragraph (2), the deadline remains fixed, unless—

(a) permission to defer connection is given under regulation 17 (in which case the rules in that provision apply instead), or

(b) all the members of the scheme become pensioner members.

(b) in paragraph (4)(b), for “within the connection window referred to in paragraph (3)(b)” substitute “by no later than the deadline pursuant to paragraph (2)” .

Section 9 Amendment of regulation 20

In regulation 20 (connection affected by an assessment period)—

(a) for paragraph (2), substitute—

(2) Once a deadline applies pursuant to paragraph (1)(b), the deadline remains fixed, unless—

(a) permission to defer connection is given under regulation 17, or

(b) all the members of the scheme become pensioner members.

(b) in paragraph (3)(b), for “within the connection window referred to in paragraph (2)(b)” substitute “by no later than the deadline pursuant to paragraph (1)(b)” .

Section 10 Amendment of Schedule 1

In Schedule 1 (interpretation)—

(a) omit the definition of “automatic enrolment”;

(b) after the definition of “connection and security standards” insert—

“ connection deadline ” means 31st October 2026, being the latest date by which relevant occupational pension schemes must be connected to the Money and Pensions Service (unless a different deadline applies pursuant to regulation 16, 17, 18, 19 or 20);

(c) in the definition of “guidance” omit “early or”;

(d) omit the definition of “hybrid scheme”;

(e) omit the definition of “master trust scheme”;

(f) in the definition of “reference date”, for “1st April 2020 and 31st March 2021” substitute “1st April 2023 and 31st March 2024” ;

(g) omit the definition of “staging deadline”;

(h) omit the definition of “staging profile”.

Section 11 Omission of Schedule 2

Omit Schedule 2 (staging profile).