Powered by Lexis+®
Jurisdiction(s):
United Kingdom
CASE STUDY

“We have to become more agile as our clients' expectations and requirements change. The only thing we know is that tomorrow is going to be different and we must be prepared. With LexisNexis, I feel more confident of that we're ready every time.”

Wolverhampton County Council

Access all documents on Disqualification order (Pensions)

Disqualification order (Pensions) meaning

What does Disqualification order (Pensions) mean?
In pensions practice, a disqualification order prevents an individual from acting as a trustee of a trust-based occupational pension scheme. It is a statutory concept: under section 29 of the Pensions Act 1995, the pensions regulator may make an order disqualifying a person from being a trustee for a specified period. A disqualification order is typically considered where statutory criteria are met, including offences involving dishonesty or deception, and is used to protect scheme members and the proper governance of schemes. Its effect is generally scheme‑wide (and may extend to all trust schemes), requiring the person to cease acting and be replaced. Acting as a trustee in contravention of an order is unlawful and may lead to enforcement action and penalties under the Pensions Act 1995. This power applies consistently across England & Wales, Scotland and Northern Ireland. There is no identical regime in Ireland; however, under the Pensions Act 1990 (as amended), the Pensions Authority and the courts have powers to remove or restrict unsuitable trustees, serving a broadly similar purpose. Contrast with a prohibition order (section 3, Pensions Act 1995), which is a separate power used on “fit and proper” grounds and can be scheme‑specific or general.
Speed up all aspects of your legal work with tools that help you to work faster and smarter. Win cases, close deals and grow your business–all whilst saving time and reducing risk.

View the related News about Disqualification order (Pensions)

NEWS
UK corporate crime weekly: SFO UWO, OFSI counter-terrorism disclosure, HMCTS AI plan, ICO prosecution, Ofwat penalties, FCA actions, fraud strategy, Law Commission reform—11 September 2025

In this issue: Cross border criminal investigations Criminal procedure and evidence Proceeds of crime Bribery, corruption, sanctions and export controls Cybercrime and data protection offences Environmental offences Financial services and pensions offences Fraud, forgery, tax and theft offences Insolvency Local authority prosecutions Money laundering Corporate Crime in Scotland Other corporate crime and crime related news Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Cross border criminal investigations Companies should act as corporate enforcement develops. In late June 2025, SFO Director Nick Ephgrave met with Matthew Galeotti, head of the criminal division at the US Department of Justice (DOJ), and both reiterated a pledge to work together on prominent transnational investigations. Hayley Lund, partner, and Frankie Cowl, counsel, at Weil Gotshal & Manges LLP, consider the UK’s shifting corporate enforcement landscape. See News Analysis: Companies must take action as...

Read More Right Arrow
NEWS
UK Private Client weekly: probate digitisation, constructive trusts, Court of Protection, IHT/BPR and SDLT updates, HMRC Manual changes, HMLR guidance revisions, Scottish charity disqualification consultation

In this issue Probate Trusts Court of Protection UK taxation for private clients HMRC manuals: updates Art and heritage property, landed estates and farming families Pensions, insurance and tax‑efficient investments Scotland, Wales and Northern Ireland International Question of the week Further Private Client updates this week Daily and weekly news alerts LexTalk® Private Client: a Lexis+® community New and updated content Dates for your diary Trackers Useful information Probate Unique codes for probate applications can now be issued by email. HMRC’s Trusts and Estates Newsletter (August 2024) confirms that IHT400 filers may provide an email address and sign a disclaimer so HMRC can send the unique code required for the probate application electronically. See: LNB News 28/08/2024 16. Source: HMRC Trusts and Estates Newsletter (August 2024). Following a 3 September 2024 update from HM Courts & Tribunals Service Probate, the MyHMCTS service now allows applicants to...

Read More Right Arrow
NEWS
UK, EU and international financial services: weekly regulatory, enforcement, prudential, sanctions, ESG and disputes update – 10 April 2025

In this issue: UK, EU and international regulators and bodies Authorisation, approval and supervision; accountability, culture and social governance; prudential requirements Financial crime and sanctions; investigations, enforcement and discipline Benchmarks/IBOR reform and capital markets regulation; dispute resolution for financial services lawyers Derivatives regulation; sustainable finance and ESG Banks and mutuals; investment funds and asset management UK MiFID II and EU MiFID II Consumer credit, mortgage and home finance; insurance regulation Payment services and systems; fintech and cryptoassets LexTalk® Financial Services: a Lexis®Nexis community; Financial Services Enforcement Database Daily/weekly and intraday news alerts; new and updated content; dates for your diary; latest Q&As UK, EU and international regulators and bodies EIOPA publishes strategy to simplify regulation and enhance European competitiveness The European Insurance and Occupational Pensions Authority (EIOPA) has set out a plan to streamline rules and cut administrative burdens to strengthen Europe’s competitiveness. The strategy prioritises supportive business conditions, robust consumer protection,...

Read More Right Arrow

View the related Practice Notes about Disqualification order (Pensions)

PRACTICE NOTES
UK trust-based occupational pension schemes: the Pensions Regulator’s powers on trustee suspension, prohibition and statutory disqualification—grounds, procedures and consequences

THIS PRACTICE NOTE APPLIES TO TRUST-BASED OCCUPATIONAL PENSION SCHEMES This Practice Note considers the Pensions Regulator’s (the Regulator’s) powers to suspend or prohibit trustees of occupational pension schemes, and the statutory bases on which an individual or other legal person can be disqualified from acting as a trustee of an occupational pension scheme. Suspension and prohibition orders—reserved regulatory functions of the Regulator The Regulator’s powers to suspend or prohibit trustees of occupational pension schemes are: reserved regulatory functions exercised by the Regulator’s Determinations Panel and therefore subject to the standard procedure or, in special circumstances, the special procedure As part of the standard procedure, the Regulator must notify those persons who appear to be directly affected by a suspension or prohibition order that such an order is to be made. This will ordinarily include the continuing trustees of the relevant scheme. For further information on the Determinations Panel’s reserved regulatory functions, and on the standard and special procedures, see Practice...

Read More Right Arrow
PRACTICE NOTES
Comprehensive glossary of UK restructuring and insolvency terms, covering Companies Act schemes, Part 26A plans, IA 1986 processes, and cross‑border concepts including COMI, UNCITRAL and assimilated EU rules.

This glossary sets out numerous expressions regularly encountered in the restructuring & insolvency sphere. Words shown in bold within definitions are themselves explained in other entries in this glossary as well. A Article X The MLIJ contains a single provision named Article X, aimed at jurisdictions that have already implemented the MLCBI, like England, or are weighing its adoption. Article X states: ‘Not withstanding any prior interpretation to the contrary, the relief available under [insert a cross-reference to the legislation of this State enacting Article 21 of the UNCITRAL Model Law on Cross-Border Insolvency] includes recognition and enforcement of a judgment’ (see Practice Note: UNCITRAL model law on recognition and enforcement of insolvency-related judgments (MLIJ): Article X). Asset-backed security (ABS) A form of security anchored by asset pools, for example loans, leases, and credit card receivables. Assimilated law From 1 January 2024, ‘retained law’ has been retitled ‘assimilated law’. The body of domestic law originally arising from EU obligations, created by the European...

Read More Right Arrow