The Pensions Regulator

Clearance

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Who can apply

120. Applications may be made by those parties who could be subject to a contribution notice or financial support direction in relation to a scheme. This could include the employer and those connected or associated with the employer. Parties that may become an employer, or become connected or associated with an employer (for example, a purchaser), may also wish to apply for a clearance statement.
121. While some corporate trustees may be connected or associated with employers, it will not usually be appropriate for any trustee to apply for a clearance statement because of the conflicts the application would create between the trustee’s duties to members and the trustee’s personal interests. In most cases, corporate trustees will not have any assets (other than the scheme assets), so the practical risk of contribution notices or financial support directions will be minimal. Most directors of corporate trustees as well as individuals will not be connected or associated with an employer as a result of their trusteeship.
122. If an applicant does not appear to be connected or associated with an employer, the regulator may ask that applicant to explain why an application would be appropriate.
123. If there are multiple applicants see paragraphs 132 to 135.
     

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