FOI reference - FOI 2016-10-28
Date - 28/10/2016
I would like to request a list of the schemes which have received The Pensions Regulator's (TPR) approval for a Regulated Apportionment Agreement (RAA), with the date and approximate size of the scheme concerned.
I can confirm that we hold the information you have requested. However, we are unable to supply the information requested for the reasons set out below.
Information we are not able to supply
Information which is already in the public domain is exempt from disclosure under Section 21 of the Freedom of Information Act (FoIA). This is because the information is accessible to you, as it is already in the public domain.
We are also unable to confirm the details of the remaining schemes to achieve approval of an RAA or the dates and approximate size of the schemes concerned because disclosure of this information is prohibited under an enactment, save in certain circumstances which do not apply here.
As we have been given strong powers to demand documents and other information from trustees, employers and others, those powers are also balanced by restrictions on how we disclose the information provided to us. The type of information you have requested would be ‘restricted information’. Restricted information is defined at section 82(4) of the Pensions Act 2004 (PA04) as 'information obtained by the Regulator in the exercise of its functions which relates to the business or other affairs of any person’. This includes the names, dates and approximate size of schemes which have received our approval for an RAA which are not in the public domain. Under section 82(5) of the PA04 it is a criminal offence to disclose such information except as permitted under that Act.
Whilst the FoIA is based on the presumption of releasing information, section 44(1)(a) of the FoIA provides an absolute exemption to the requirement to disclose any information if its disclosure is prohibited by or under any enactment. In this case, section 82 of the PA04 prohibits disclosure and we are unable to disclose the requested information. This exemption is absolute and does not require a public interest assessment be undertaken.
Duty to provide advice and assistance
There have been a total of 26 schemes* in respect of which RAAs have received approval from us. Of these approved RAAs we have issued section 89 reports on four of them, which can be found below:
- Halcrow Pension Scheme (PDF, 95kb, 13 pages)
- Kodak Pension Plan (PDF, 46kb, 6 pages)
- British Midland Airways Limited Pension and Life Assurance Scheme (PDF, 92kb, 4 pages)
- Uniq (PDF, 96kb, 5 pages)
The section 89 reports provide details of the name, date and approximate size of the scheme that they respectively concern.
The following schemes have not had section 89 reports issued, but the details of the RAA approval are in the public domain through the financial press and company reports. The schemes are as follows:
- Dawson Holdings
- The Aquascutum Life
- Cattles Staff
*As part of a review of how we record RAA approvals, we have added another that was not included in our original answer. On this basis, we had approved RAAs in respect of 27 schemes on the date this response was issued. TPR has also previously disclosed details of a number of RAAs that are in the public domain but that have not been the subject of regulatory intervention reports by TPR, under Section 89 of the Pensions Act 2004. Following our review, we can further confirm that details of an RAA relating to the Jessop Group Limited Pension and Life Assurance Scheme (1993) are publicly available through the financial press and company reports.