delete Duties of trustees of relevant trust schemes in connection with provision of FM services
The Occupational Pension Schemes (Scheme Administration) Regulations 1996 establish detailed administrative requirements for occupational pension schemes, including definitions of key roles (trustee, chair, professional trustee body), rules for appointment and duties of professional advisers (auditors, actuaries, fund managers, custodians), record-keeping obligations, disclosure requirements, and trustee governance procedures. They prescribe qualifications, appointment procedures, resignation/removal rules, and information-sharing duties between employers, trustees, and professional advisers.
These regulations impose substantial compliance costs and administrative burdens on pension schemes through prescriptive procedural requirements that could be achieved through contract law, market mechanisms, or principle-based regulation. The numerous exemptions for small schemes ( Schemes with fewer than 12 members, those with less than 100 members, etc.) demonstrate the regulator's own recognition that the burden is disproportionate. While protecting scheme members is important, mandating specific procedural approaches rather than outcomes stifles innovation and adds unnecessary costs that ultimately reduce retirement savings. A free market in pension administration would allow schemes to procure services based on demonstrated competence and value, with members exercising choice and trustees bearing fiduciary responsibility.