Social Welfare and Pensions Act 2008

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Trustee training.

28.— The Principal Act is amended—

(a) in section 3A(1A) by inserting “59(1)(ca),” after “(2)(a)(iii) or (iv)”,

(b) in section 54(1)—

(i) in paragraph (a), by inserting “and status” after “constitution”,

(ii) by substituting the following for paragraph (c):

“(ba) compliance with sections 59(1)(ca) and 59AA;

(c) the rights and obligations that arise or may arise under the scheme or trust RAC;”,

and

(iii) in paragraph (ca), by substituting “51A(5);” for “51A(5).”,

(c) in section 59(1) by inserting the following after paragraph (c):

“(ca) to undertake trustee training in accordance with section 59AA,”,

and

(d) by substituting the following for section 59AA:

“Trustee training.

59AA.— (1) An employer who operates a scheme or trust RAC shall arrange for the trustees of that scheme or trust RAC (and, in the case of a trustee which is a body corporate, for all the directors of that body corporate) to receive appropriate training in relation to—

(a) this Act, the regulations made under it and any other law of general application governing the operation of that scheme or trust RAC,

(b) the duties and responsibilities of trustees generally, and

(c) such other matters relevant to the effective management of a scheme or trust RAC, as the case requires, as are prescribed.

(2) An employer to whom subsection (1) applies shall arrange training—

(a) for a person for whom the relevant date is not earlier than the date of commencement of section 28 of the Social Welfare and Pensions Act 2008, within six months from the relevant date and every two years thereafter, and

(b) for a person for whom the relevant date is earlier than the date of commencement of section 28 of the Social Welfare and Pensions Act 2008, within two years from the date of that commencement and every two years thereafter.

(2A) For the purposes of subsection (2), the relevant date is—

(a) in relation to a trustee who is a natural person — the date of appointment of the person as a trustee of the scheme or trust RAC concerned,

(b) in relation to a director of a body corporate that becomes a trustee of the scheme or trust RAC concerned — the date of appointment of the body corporate as a trustee of that scheme or trust RAC, and

(c) in relation to a person who becomes a director of a body corporate that is a trustee of the scheme or trust RAC — the date of appointment of the person as a director of that body corporate.

(3) An employer is not required to arrange appropriate training for—

(a) a pensioneer trustee, or

(b) a professional trustee.”.