Section 238E — Pensions Act 2004: Information from occupational pension schemes: further provision

Information from occupational pension schemes: further provision 238E 1 Regulations under section 238D(1) may make provision about—

a how pensions information is to be provided, including provision about the use of intermediaries;

b the involvement of the trustees or managers of a scheme in the arrangements for dealing with requests for information about pensions.

2 The provision made by virtue of subsection (1) may, in particular, require—

a the use of electronic communications;

b the use of facilities or services specified or of a description specified in the regulations;

c the provision of assistance in connection with the establishment, maintenance or management of such facilities or services;

d participation in, or compliance with, arrangements for establishing, maintaining or managing such facilities or services.

3 The facilities and services for which provision may be made by virtue of subsection (2)(b) may include facilities or services with functions relating to—

a the transmission of information, b verifying the identity of a person, c identifying the occupational or personal pension scheme or schemes under which pensions are payable to or in respect of a particular individual, d authenticating information transmitted by means of electronic communications, or e ensuring the security of information transmitted by means of electronic communications.

4 Regulations under subsection (2)(b) may impose requirements as regards a facility or service, including requirements about—

a compliance with standards, specifications or technical requirements published from time to time by—

i the Secretary of State, ii the Money and Pensions Service, or iii a person specified or of a description specified in the regulations;

b the provider of the facility or service being a person approved from time to time by—

i the Secretary of State, ii the Money and Pensions Service, or iii a person specified or of a description specified in the regulations.

5 Regulations under subsection (2)(d) may, in particular, require the trustees or managers—

a to cooperate with the Money and Pensions Service or other persons specified or of a description specified in the regulations;

b to coordinate activities with the Money and Pensions Service or other persons specified or of a description specified in the regulations.

6 Except as provided by subsection (7), regulations under section 238D(1) may provide for the processing of personal data in accordance with the regulations not to be in breach of—

a any obligation of confidence owed by the person processing the personal data, or b any other restriction on the processing of personal data (however imposed).

7 Regulations under section 238D(1) are not to be read as authorising or requiring such processing of personal data as would contravene the data protection legislation (but in determining whether particular processing of data would do so, take into account the power conferred or duty imposed by the provision of regulations in question).