Pensions aspects of the Draft Securitisation Regulations 2023

On July 11, 2023, HM Treasury (HMT) published a near-final version of the Securitisation Regulations 2023 (Draft Regulations), together with a policy note. The Draft Regulations will the retained version of the EU Securitisation Regulation retained in UK law after Brexit.  

In relation to occupational pension schemes, the Draft Regulations restate and amend due diligence requirements for trustees or managers of occupational pension schemes when they invest in securitisations directly. The Draft Regulations also clarify issues relating to liability where scheme responsibilities are delegated. The pensions-related rules are being enacted in legislation because, in contrast to the FCA and Prudential Regulation Authority (PRA), the Regulator does not have power to make binding rules.  

New regulation 42 will impose duties on the Regulator to maintain arrangements enabling it to determine whether trustees or managers are complying with the due diligence requirements and enforcing compliance where necessary.

The Regulator's responsibility for supervising compliance with the requirements applying under the UK Securitisation Regulation is being transferred to the FCA.