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Legislation
Finance Act 2004

Crossheading Borrowing

  • Section 182 Unauthorised borrowing: money purchase arrangements other than collective money purchase arrangements
  • Section 183 Effect of unauthorised borrowing: money purchase arrangements other than collective money purchase arrangements
  • Section 184 Unauthorised borrowing: other arrangements
  • Section 185 Effect of unauthorised borrowing: other arrangements
  1. Borrowing
  2. Unauthorised borrowing: other arrangements

Section 184 | Unauthorised borrowing: other arrangements

From legislation.gov.uk

(1)A registered pension scheme is not authorised to borrow an amount in respect of any relevant arrangement unless the scheme borrowing condition is met.

(1A)In this section “relevant arrangement” means an arrangement that—

(a)is not a money purchase arrangement, or

(b)is a collective money purchase arrangement.

(2)The scheme borrowing condition is met if—

Formula

(APB+PB)<AARA2

where—

APB is the aggregate of the amounts previously borrowed by the pension scheme in respect of relevant arrangements (excluding any amounts which have been repaid),

PB is the amount proposed to be borrowed by the pension scheme, and

AARA is the aggregate amount of the relevant sums and assets.

(3)The aggregate amount of the relevant sums and assets is the aggregate of—

(a)the amount of the sums held for the purposes of such of the arrangements under the pension scheme as are relevant arrangements, and

(b)the market value of the assets held for the purposes of such of the arrangements under the pension scheme as are relevant arrangements.

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