Section 72 — Pensions Act 2008: Procedure for rules

Procedure for rules 72 1 A person who proposes to make rules under section 67 must publish a draft of the rules and invite comments.

2 They must have regard to any comments made in accordance with the invitation.

3 If they make the rules they must publish an account in general terms of those comments and their response to them.

4 If the rules they make differ from the draft published under subsection (1), they must publish details of any differences that they think are significant.

5 Subsection (6) applies to any rules made by the Secretary of State under section 67 relating to a scheme, except rules taking effect at the same time as the order establishing the scheme.

6 The Secretary of State may not make the rules without the consent of the trustees.

7 But the trustees may not withhold their consent without giving reasons.

8 The trustees must consult the members' panel and the employers' panel—

a before making rules under section 67;

b before deciding whether to give consent under subsection (6).

9 If the Secretary of State or the trustees make rules under section 67 they must publish them.

10 Anything published under this section must be published in a way designed to bring it to the attention of the persons likely to be interested or affected.

11 The publication must not be limited to electronic publication.