Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Consultation definition

What does Consultation mean? In pensions practice, consultation is the employer’s statutory duty to consult affected members or their representatives before implementing material changes to an occupational pension scheme. In England & Wales and Scotland this duty is set out in the Occupational and Personal Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 2006, made under the Pensions Act 2004, with corresponding regulations in Northern Ireland and oversight by The Pensions Regulator (TPR). The duty typically applies to employers with at least 50 employees and requires at least 60 days’ consultation with active and prospective members (or recognised unions), providing sufficient written...

Consultation on listed changes to occupational and personal pension schemes: 60-day duty, scope, exceptions, process and penalties under SI 2006/349 (Great Britain)

Published by a LexisNexis Pensions expert

Practice notes

employers are legally obliged to consult with members, or their representatives, for a minimum of 60 days before introducing a “listed change” to occupational or personal pension schemes. What amounts to a “listed change” is defined in the Occupational and Personal Pension Schemes (consultation by Employers and Miscellaneous Amendment) Regulations 2006, SI 2006/349 (the Pension Consultation Regs). For wider considerations that may arise when amending an occupational pension scheme, see Practice Note: Amendment of occupational pension schemes—employer and trustee considerations.

Statutory framework for the pension consultation requirements

The consultation duty took effect on 6 April 2006. Its operative provisions are contained in:

sections 259–261 of the Pensions Act 2004 (PeA 2004), and
Pension Consultation Regs, SI 2006/349

In April 2010, the DWP published guidance to assist employers in complying with the consultation duty. The guidance recommends good practice but has no legal status. Although now archived, it may still help employers to meet their obligations under the Pension Consultation Regs, SI 2006/349.

When do the requirements apply?

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Web page updated on 21/05/2026

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