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

Driving your business forward with electric Linz Pic 2

Driving your business forward with electric

30 Oct 2026

2

Lancashire businesses react to Autumn Budget UK Parliament

Lancashire businesses react to Autumn Budget

30 Oct 2026

3

Council shake-up decision early next year County Hall Gates

Council shake-up decision early next year

29 Oct 2026

4

Mayoral authority pathway for Lancashire revealed County Hall in Lancashire

Mayoral authority pathway for Lancashire revealed

28 Oct 2026

5

Healey looks to deliver ‘breathing space’ Johnhealeyofficialcabinetportraitjuly2024cropped2

Healey looks to deliver ‘breathing space’

28 Oct 2026

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
LBV131 November/December Magazine Networking Event
LBV131 Magazine Launch Social720No Text 19 Nov 2026

LBV131 November/December Magazine Networking Event

The Landmark, School Lane, Burnley, BB11 1UF

08:30 - 10:30

Lancashire Business Day 2026
LBD26 WW Logo720 27 Nov 2026

Lancashire Business Day 2026

Burnley Football Club, BB10 4BX

12:00 - 17:00

Sub36 Reunion & Networking
03 Dec 2026

Sub36 Reunion & Networking

Burnley Football Club, BB10 4BX

15:00 - 17:00

Lancashire Net Zero Conference 2027
NZC27 Social 1200x800Generic 11 Feb 2027

Lancashire Net Zero Conference 2027

The Wellbeing Farm, Edgworth, Wheatsheaf Hill Farm, Plantation Road, BL7 0BY

09:30 - 02:00

Help to Grow: Management Course
Help To Grow 25 Sep 2026 - 15 Dec 2026

Help to Grow: Management Course

University of Lancashire, Preston, PR1 2HE

09:30 - 12:00

Chamber Breakfast Networking – November
Lancaster And Morecambe Logo 1 03 Nov 2026

Chamber Breakfast Networking – November

Porsche Centre South Lakes, Carnforth, LA6 1FW

08:30 - 10:30

Funding Unlocked
IMG_3058.jpeg.jpg 04 Nov 2026

Funding Unlocked

Accrington Stanley FC, Accrington , BB5 5BX

10:00 - 12:30

Clubhouse Business Network sponsored by Orca Finance - November 2026
Club House Padel 05 Nov 2026

Clubhouse Business Network sponsored by Orca Finance - November 2026

Clubhouse, Blackburn, BB1 3NT

14:00 - 16:00

Napthens' Cumbria Clay Shoot - for Penny Conservation Charity
N123_1200x400px_Title&Subtitle (1).png.png 12 Nov 2026

Napthens' Cumbria Clay Shoot - for Penny Conservation Charity

Leighton Hall Estate Storrs Lane, Carnforth, LA5 9ST

09:00 - 16:00

The Business Network Central and East Lancashire
12 Nov 2026

The Business Network Central and East Lancashire

Longridge House, Preston, PR3 2TB

11:30 - 14:15

Lancaster District Business Support Expo
Logo.jpg.jpg 18 Nov 2026 - 18 Nov 2026

Lancaster District Business Support Expo

The Platform, Morecambe, LA4 4DB

09:00 - 13:00

Great Winter Pie & Pea Social
Logo.jpg.jpg 19 Nov 2026

Great Winter Pie & Pea Social

The Royal Hotel & Bar, Lancaster, LA1 1YD

17:30 - 20:00

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 LBV130 Online GraphicWebsite
Subscribe now

Weekly news bulletin