The Pensions Regulator

Clearance

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Considering clearance

112. Clearance is only appropriate for type A events. Clearance is a voluntary process.
     
     

     When there is a type A event and a clearance statement is not sought

113. If the trustees become aware of an event that they believe could be a type A event, they should raise their concerns with the employer and other relevant parties to the event, in order to ensure that appropriate mitigation is considered and to ascertain whether an application is being considered. 
114. Where an application is not being considered and the trustees are concerned that no mitigation is being offered, or that mitigation is inadequate, they should consider contacting the regulator. 
115. Certain occurrences relating to employers and schemes must be reported to us as notifiable events. For more information on notifiable events, see our separate guidance, code of practice and directions on our website: Regulatory guidance / Subject listing / Notifiable events.
116. Where there has been a breach of the law, trustees (amongst others) are required to report the matter to us. For more information on reporting breaches of the law, see our code of practice and guidance on our website: Codes of practice / Reporting breaches of the law.
     
     

     When a detrimental event is not a type A event

117. An application will not usually be an appropriate course of action if there is no type A event. When there is uncertainty as to whether there is a type A event, parties should take appropriate advice. Employers and trustees can contact our Corporate Risk Management team with an enquiry (see paragraph 153 for further details).
118. Type A events are defined for the purpose of the clearance process.  An event that is not a type A event may still be a detrimental event, or may be detrimental to the benefits of scheme members, so it may still be appropriate for employers and trustees to consider the impact of that event and any appropriate mitigation. 
     

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