Jurisdiction(s):
United Kingdom

Key definition

Rules definition

What does Rules mean? Rules describes the written provisions that govern how a pension scheme operates—especially occupational pension schemes—usually contained in, or annexed to, the trust deed (trust deed and rules). Legislation refers to these as scheme rules (for example, Pensions Act 1995 and Pensions Act 2004 in the UK, and the Pensions Act 1990 in Ireland). Scheme rules set out eligibility, benefit structure (defined benefit or defined contribution), contributions, service and accrual, retirement options and ages, revaluation/indexation, ill‑health and death benefits, transfers in and out, leaver provisions, forfeiture, augmentation, priority on winding‑up, discretions and decision‑making, and the scheme’s amendment and termination powers. They also...

Section 106 contribution repayment after 5 years: no commencement

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Published by a LexisNexis Planning expert

Q&As

LPA’s obligations when imposing financial contributions

Developers are frequently obliged to make monetary payments to the local planning Authority (LPA) to fund defined projects, helping to offset the harmful effects of a scheme and thereby enable the grant of planning permission. This Q&A addresses circumstances where the Section 106 agreement contains no specific express clawback mechanism.

When a planning obligation (a section 106 obligation) is proposed to secure a financial contribution at the determination stage of a planning application, that contribution must satisfy the stringent legal tests in regulation 122 of the Community Infrastructure Levy Regulations 2010, SI 2010/948 (SI 2010/948, reg 122) (as amended). Only by meeting those tests can any such payment lawfully and ultimately underpin the grant of planning permission...

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Rosalind Andrews

HCR Law

Rosalind Andrews is Head of Planning & Highways Law at Harrison Clark Rickerbys solicitors, covering the firm’s nine offices. She specialises in Planning and Highways Law, and advises on a range of contentious and non-contentious planning matters, including strategic planning advice, judicial review and other Planning Court challenges, and planning enforcement issues. She acts on behalf of a variety of clients, with particular experience of acting for developers and promoters in relation to residential development. She also acts on behalf of lenders, registered providers of affordable housing, and local authorities, as well as third parties with an interest in the planning process, such as local residents' groups. As well as negotiating Section 106 Obligations and other infrastructure agreements, she also advises on other matters affecting development, such as town and village greens, public rights of way, assets of community value, tree...

Web page updated on 27/05/2026

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