FOI reference - FOI 2017-12-12
Date - 12/12/2017
Could you advise if this is a registered pension scheme: Uniway Systems Retirement Benefit Scheme.
Duty to confirm or deny whether we hold the information requested
We can neither confirm nor deny that we hold information falling within the description specified in your request for the reason set out below.
Information we are not able to supply
Section 44 of the FoIA
Section 59 of The Pensions Act 2004 (PA04) obliges us to compile and maintain a register of occupational pension schemes and personal pension schemes which are, or have been, registrable schemes. 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 information held on our register is information we receive in the exercise of our statutory functions and is considered ‘restricted information’.
Restricted information is defined at section 82(4) of the PA04 as ‘information obtained by the Regulator in the exercise of its functions which relates to the business or other affairs of any person’.
Under section 82(5) of the PA04 it is a criminal offence to disclose such information except as permitted under that Act.
Whilst the Freedom of Information Act (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 register, extracts from the register or confirm whether a specific pension scheme is listed on the register. This exemption is absolute and does not require a public interest assessment be undertaken.
Duty to provide advice and assistance
The European Insurance and Occupational Pensions Authority (EIOPA – the EU pensions regulator) publishes a register of ‘Institutions for Occupational Retirement Provision’ (IORPs – the EU term for occupational pension schemes), which contains the following information:
- names and contact details for all UK schemes with 100 or more members, as well as similar details for occupational pension schemes established in the other 27 EU member states; and
- whether the scheme operates cross-border in another EU member state, and if so in which countries it operates
The EIOPA register is searchable by name of the scheme, so may assist in conducting searches, however please note that although entries are updated regularly, they may become out of date between updates. The EIOPA register does not contain any details for UK personal pension schemes or UK occupational pension schemes with fewer than 100 members.
I have searched the EIOPA register for you to see whether the Uniway Systems Retirement Benefit Scheme is published on it but it isn’t. However, as the entries are regularly updated (and in case you have other schemes you might wish to check in future), you may find this register useful to you.
Also, if you are a member of a scheme looking for contact details for that scheme you may be able to find them through a free government service called the Pension Tracing Service.