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

Breck Homes appoints new head of land for north west Andrew Laing Breck

Breck Homes appoints new head of land for north west

21 Aug 2026

2

Northern Trust secures 10 new strategic land promotion agreements nationwide Promotional Agreements Image

Northern Trust secures 10 new strategic land promotion agreements nationwide

21 Aug 2026

3

Booths receives prestigious Princess Royal Training Award Jack Hewitt Fish Academy Graduate

Booths receives prestigious Princess Royal Training Award

20 Aug 2026

4

North West Mutual bank in Preston opening a step closer Generic Image A Fishergate High Streetpreston

North West Mutual bank in Preston opening a step closer

20 Aug 2026

5

The north needs more than words Image 4

The north needs more than words

20 Aug 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
LBV130 September/October Magazine Networking Event
LBV130 Magazine Launch Social720No Text 6 17 Sep 2026

LBV130 September/October Magazine Networking Event

The Beehive Blackburn, Shadsworth Business Park, BB1 2QS

08:30 - 10:30

Built Environment Conference 2026
BEC26 WW Logo720 24 Sep 2026

Built Environment Conference 2026

EG On The Move, Waterside Head Office, Blackburn, BB1 2FA

08:30 - 13:00

All In One Network
LBV Website Events GraphicAll In One Network 15 Oct 2026

All In One Network

The Leisure Box, Northlight, Glen Way, Brierfield , BB9 5NH

14:00 - 16:00

Sub36 Awards 2026
Sub36 WW Logo720 16 Oct 2026

Sub36 Awards 2026

Park Hall Hotel & Spa, Chorley, PR7 5LP

18:30 - 00:30

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

LBV131 November/December Magazine Networking Event

Lancashire

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

U35 Networking
Lancaster And Morecambe Logo 1 25 Aug 2026

U35 Networking

The Royal Hotel & Bar, Lancaster, LA1 1YD

17:30 - 19:00

Preston Freelancer Meet-Up: August
LBV Website Events GraphicFreelancer Meet Up 27 Aug 2026

Preston Freelancer Meet-Up: August

Society1, Preston, PR1 3LT

10:00 - 12:00

Build Your Business To Sell It - Even If You Aren't Planning To Sell - FREE Workshop
LBV Website Events GraphicAction Coach 2 27 Aug 2026

Build Your Business To Sell It - Even If You Aren't Planning To Sell - FREE Workshop

The Wellsprings, Bolton, BL1 1SB

09:00 - 11:30

Chamber Breakfast Networking – September
Lancaster And Morecambe Logo 1 03 Sep 2026

Chamber Breakfast Networking – September

Soul Bowl, Morecambe, LA4 4BU

08:00 - 10:00

Mediation in the workplace: a practical guide to resolving conflict
LBV Website Events GraphicMediation In The Workplace 08 Sep 2026

Mediation in the workplace: a practical guide to resolving conflict

Online, Preston, PR1 3JG

12:00 - 12:45

Preston Tech Connection Hot Takes
LBV Website Events GraphicHot Takes In Tech 09 Sep 2026

Preston Tech Connection Hot Takes

Society1, Preston, PR1 3LT

18:00 - 19:30

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 LBV129 Online Graphic
Subscribe now

Weekly news bulletin