The powers of the Pensions Regulator

Produced in partnership with Wyn Derbyshire of gunnercooke LLP
Practice notes

The powers of the Pensions Regulator

Produced in partnership with Wyn Derbyshire of gunnercooke LLP

Practice notes
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Under the Pensions Act 2004 (PeA 2004), Pension Schemes Act 1993 (PSA 1993), Pensions Act 1995 (PA 1995), Pension Schemes Act 2017 (PSA 2017) and other legislation, the Pensions Regulator (TPR) has been given a range of powers which are considerably more extensive than those available to its predecessor, the Occupational Pensions Regulatory Authority (OPRA). They are intended to allow TPR to be a more proactive regulator than OPRA was able to be.

TPR’s powers were further extended by the Pension Schemes Act 2021 (PSA 2021) as part of the drive to have tougher and more decisive pensions regulation. For further information, see News Analysis: Pension Schemes Bill receives Royal Assent.

This Practice Note provides a general overview of TPR’s powers, as well as any TPR policy in relation to the exercise of such powers.

These powers can be divided into the following categories, which are explored below:

  1. trustee-related powers

  2. automatic enrolment powers

  3. master trust powers

  4. funding-related powers

  5. transfer-related powers

  6. scheme modification powers

  7. employer debt powers

  8. winding-up powers

  9. information-related

Wyn Derbyshire
Wyn Derbyshire

Partner, gunnercooke LLP


Wyn is a partner at gunnercooke LLP and specialises in pensions, trust and employment law in all industry sectors, dealing with the transactional, advisory and documentation aspects.

He also has wide experience of the pensions implications of heavyweight corporate transactions and flotations, the issues arising from the establishment and merger of pension schemes, and sex equalisation and other discrimination issues in respect of benefits provided by pension schemes. In addition, he provides advice to pension scheme trustees generally.

Recent transactions include advising Amcor on pension matters relating to the acquisition of Alcan business and the acquisition of Northern Foods PLC by Boparan Holdings.

He is a co-author (with Stephen Hardy and Stephen Maffey) of TUPE: Law and Practice, published by Spiramus Press (now in its 4th edition), and co-author (with Stephen Hardy and David Wicks) of Money & Work, published by Spiramus Press in August 2007. He has also written several other books and numerous articles on a variety of legal and non-legal topics.

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Jurisdiction(s):
United Kingdom
Key definition:
Pensions Regulator definition
What does Pensions Regulator mean?

The Pensions Regulator was established under the Pensions Act 2004 to replace the dysfunctional OPRA in April 2005. Its main purposes are to: protect the benefits of members of company pension arrangements (whether trust or contract based); keep claims on the pension protection fund to a minimum; and facilitate good pension administration.

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