FOI reference - FOI-305
Date - 30 August 2024
Request
Would it be possible to provide a list of all registered pension schemes from 2004 onwards? Just a list of names would be enough.
Response
I confirm that we hold the information you have requested. However, some of the information you have requested is exempt from disclosure.
Section 44(1)(a) – restricted information under s82 Pensions Act 2004
While we hold the type of information you have requested this exempt from disclosure as its disclosure is prohibited under an enactment, save in certain circumstances which do not apply here.
As TPR has 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 information which is provided to us. The requested information is ‘restricted information’. This 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’.
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.
Help and advice
Workplace (occupational) pensions registered with HMRC must be registered with us if they have more than one member.
The following scheme types do not need to be registered with us.
- Personal pension schemes (including SIPPs) – where there will only ever be one member.
- Death in service and life assurance schemes – which only provide benefits upon death of a member.