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Codes of practice

Code of practice 09
Internal controls

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The code of practice

Obligation on trustees

  1. Section 249A of the Pensions Act 20042gives effect to the requirement under Article 14(1) of the European Directive 2003/41/EC3 that schemes should have adequate internal control mechanisms in place. There is therefore a legal requirement in the Pensions Act 2004 that
    trustees of an occupational pension scheme must establish and operate adequate internal controls.
  2. The Regulations4 state that:

    “The trustees or managers of an occupational pension scheme must establish and operate internal controls which are adequate for the
    purpose of securing that the scheme is administered and managed:
    1. in accordance with the scheme rules, and
    2. in accordance with the requirements of the law.”

2 As inserted by the Occupational Pension Schemes (Internal Controls) Regulations 2005 (SI 3379)
3 Directive 2003/41/EC on the Activities and Supervision of Institutions for Occupational Retirement Provision
4 The Occupational Pension Schemes (Internal Controls) Regulations 2005 (SI 3379)


Related documents
Code of practice 09: Internal controls (PDF)
Related pages
Supporting guidance to be read in conjunction with the code: Internal controls guidance