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Salmon Enterprises (UK) Limited Pension Scheme

FOI reference: FOI-120
Date: 29 June 2023

Request

  1. As of 6 June 2023, is the Salmon Enterprises (UK) Limited Pension Scheme listed on the  Register of Registrable Pension Schemes? and 
  2. If the answer to (1) above is that the Salmon Enterprises (UK) Limited Pension Scheme is no longer listed on the Register of Registrable Pension Schemes, on what date was the scheme removed from the Register? and
  3. If the answer to (1) above is that the Salmon Enterprises (UK) Limited Pension Scheme is listed on the Register of Registrable Pension Schemes, does the scheme have any Trustees? and
  4. If the answer to (3) above is that the Salmon Enterprises (UK) Limited Pension Scheme does have Trustees, please provide me with details of those Trustees that are incorporated bodies (and therefore not identifiable "persons" as defined by s82 of the 2004 Pensions Act); and
  5. If the answer to (1) above is that the Salmon Enterprises (UK) Limited Pension Scheme is listed on the Register of Registrable Pension Schemes, does the scheme have a Scheme Administrator? and
  6. If the answer to (5) above is that the Salmon Enterprises (UK) Limited Pension Scheme does have a Scheme Administrator, please provide me with details of the Scheme Administrator if it is an incorporated body (and therefore not an identifiable "person" as defined by s82 of the 2004 Pensions Act).

Response

I confirm that we hold the information you have requested. However, we are unable to supply the information requested for the reason set out below.

Section 44(1)(a) – restricted information under s82 PA04

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 restrictions are broad and prevent us from even confirming the name of schemes or companies that provide support functions to pension schemes, such as professional trustees and administrators. Therefore, 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".

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 requested information. This exemption is absolute and does not require a public interest assessment be undertaken.

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. Any work-based pension scheme registered with HMRC, with more than one member must by law register with us. Therefore, if the scheme you are requesting confirmation about falls into this category (ie a work-based pension scheme registered with HMRC with more than one member) then it would fall under our remit as The Pensions Regulator.

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