Is your pension scheme fit and proper?

By Mattioli Woods

23 Nov 2015

Taylor Patterson has seen an increased number of enquiries from individual members seeking help with their pension schemes. This has largely been down to the “Fit and Proper” legislation introduced by HMRC in September 2014. The legislation states that all scheme administrators should be fit and proper.

Why have HMRC introduced ‘Fit and proper’?

The legislation was designed to help with the fight against pension’s liberation as it gives HMRC the powers to refuse to register pension schemes. It also gives HMRC the power to deregister existing schemes.

HMRC are keen to ensure that as pension funds receive many beneficial tax breaks, that the funds in these schemes are used for their intended purpose of providing pension benefits.

The intention of this legislation is a further step by the Government to ensure pension schemes are only registered and run by appropriate people. This is to make it harder for fake arrangements and pension schemes to be set up, and for tax avoiders and fraudsters to set up and run registered pension schemes with a view to misusing the tax relieved funds and abusing pension tax reliefs.

HMRC and The Pensions Regulator have been trying to educate the public regarding pension liberation and pension scams, to protect people’s pension savings.

How does HMRC define a fit and proper scheme administrator?

There is no definition of a fit and proper person, HMRC have simply given guidance on what they expect from a pension scheme administrator. HMRC will therefore assume all scheme administrators are fit and proper unless they have cause to believe otherwise.

A scheme administrator is likely to be considered a fit and proper person if they are familiar with, and capable of competently performing, the appropriate responsibilities and there is nothing in their past behaviour to suggest they should not be responsible for the financial management of a pension scheme.

What factors do HMRC consider in deciding if a scheme administrator is NOT a fit and proper person?having insufficient working knowledge of pensions and pensions tax legislation, or not employing an adviser with this knowledge; previous involvement with pensions liberation; previous involvement in a pension scheme that has been de-registered by HMRC; involvement in tax fraud, abuse of tax repayment systems, or other fraudulent behaviour; criminal convictions relating to finance, corporate bodies or dishonesty; being or having been subject to civil proceedings relating to finance, corporate bodies or dishonesty/misconduct; any connection or participation in designing or marketing tax avoidance schemes; employing an adviser involved with pension liberation or tax avoidance; being disqualified from acting as a pension scheme trustee, or any serious contravention of the pensions regulatory system or any other professional or governmental regulatory body or system; and being disqualified from acting as a company director, or having been declared bankrupt. One of the easy triggers for HMRC to spot would be for example, if schemes are late with their returns or haven’t filed them for a number of years. It would be easy to consider the possibility that these are not being correctly administered. If member trustees have previously had a fall out with their professional trustee, who has resigned, the role of scheme administrator generally falls to the member trustees. The fines for getting the scheme administration wrong can be steep. De-registration will cost the pension scheme members 40% of the fund value and they will then pay tax at their highest marginal rate to withdraw the funds.

Latest news

1

Sportswear specialist goes into liquidation Milano

Sportswear specialist goes into liquidation

10 Jul 2026

2

Manufacturers urged to cut through the AI hype Mark Edwards

Manufacturers urged to cut through the AI hype

10 Jul 2026

3

HR firm makes key development appointment Sonia Hanson

HR firm makes key development appointment

10 Jul 2026

4

Blackburn College brings national focus to tackling NEET challenge NEET

Blackburn College brings national focus to tackling NEET challenge

10 Jul 2026

5

Vape firm IVG targets £1bn revenue IVG Preston staff

Vape firm IVG targets £1bn revenue

08 Jul 2026

Blackburn College (July-Aug 26)
Background image for hub sign up block

LBV Hub

Leverage Lancashire Business View platforms

Post your news
Post your events
Post your offers
Build your network
Improve your SEO
Gain coverage in the magazine
Sign-up
Events
LBV129 July/August Magazine Networking Event
Nov/Dec Networking Event
Networking
16 Jul 2026

LBV129 July/August Magazine Networking Event

Brysdales, Britannia Buildings Drumhead Road, Chorley, PR6 7BX

16:00 - 18:00

LBV130 September/October Magazine Networking Event
Jan/Feb Networking Event - Entrance
Networking
17 Sep 2026

LBV130 September/October Magazine Networking Event

The Beehive Blackburn, Shadsworth Business Park, BB1 2Q

08:30 - 10:30

Built Environment Conference 2026
BEC Listing
Networking
24 Sep 2026

Built Environment Conference 2026

08:30 - 13:00

Sub36 Awards 2026
Awards
16 Oct 2026

Sub36 Awards 2026

Park Hall Hotel & Spa , Chorley

18:00 - 00:00

LBV131 November/December Magazine Networking Event
Jan/ Feb Networking Event - Talking
Networking
19 Nov 2026

LBV131 November/December Magazine Networking Event

Lancashire

08:30 - 10:30

Lancashire Business Day 2026
LBD Listing
Networking
27 Nov 2026

Lancashire Business Day 2026

Burnley Football Club, BB10 4BX

12:00 - 17:00

Preparing for the changes to unfair dismissal
Logo.jpg.jpg
LBV Hub Seminars
15 Jul 2026

Preparing for the changes to unfair dismissal

The Longlands Hotel, Carnforth, LA6 1JH

08:00 - 10:00

July Preston Tech Connection Hot Takes
PTC Square July (900 x 900 px).png.png
LBV Hub Networking
15 Jul 2026

July Preston Tech Connection Hot Takes

Society1, Coworking Space, Preston, PR1 3LT

18:00 - 19:03

The Business Network Central and East Lancashire
LBV Header (34).png.png
LBV Hub Networking
16 Jul 2026 - 16 Jul 2026

The Business Network Central and East Lancashire

Mytton Fold, Langho, BB6 8AB

11:30 - 14:15

Achieving more with your money: Your options at retirement
LBV Hub Seminars
16 Jul 2026

Achieving more with your money: Your options at retirement

Accrington Stanley Football Club, Accrington, BB5 5BX

17:55 - 17:55

Legacy & Leadership – Planning for Lift, Death and business continuity
Logo.jpg.jpg
LBV Hub Seminars
21 Jul 2026

Legacy & Leadership – Planning for Lift, Death and business continuity

Lancaster & Morecambe College, Lancaster, LA1 2TZ

09:00 - 10:30

Preston Freelancer Meet-Up July
LBV Hub Networking
21 Jul 2026

Preston Freelancer Meet-Up July

Society1, Coworking Space, Preston, PR1 3LT

10:00 - 12:00

Advertise with us

Reaching 50,000 members, our print, digital and event platforms offer a fantastic way to raise your business profile and help you grow.

Find out more LBV124 Online Graphic
Subscribe now

Weekly news bulletin