The Pension Protection Fund (Multi-employer Schemes) (Modification) Regulations 2005

• (b) in subsections (2), (3)(a), (4) and (6), for the words “the employer”, there were substituted the words “an employer”; and

• (c) after subsection (6), there were inserted the following subsection—

(6A) Where the trustees or managers of a non-segregated scheme receive a notice issued by an insolvency practitioner or a former insolvency practitioner under subsection (6), they must send a copy of that notice as soon as practicable to all the employers in relation to the scheme.

• (3) Section 123 of the Act (approval of notices issued under section 122) shall be modified in its application to a scheme to which regulation 61 applies so that it shall be read as if—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) for subsection (2), there were substituted the following subsection—

(2) The Board must determine whether to approve the section 122 notice received in relation to that employer.

• (c) in paragraph (e) of subsection (4), for the words “in relation to the employer, the employer”, there were substituted the words “in relation to an employer, that employer”; and

• (d) after subsection (4), there were inserted the following subsection—

(4A) Where the trustees or managers of a non-segregated scheme receive a copy of a determination notice issued by the Board under subsection (4), they must send a copy of that notice as soon as practicable to all the employers in relation to the scheme.

• (4) Section 124 of the Act (Board’s duty where there is a failure to comply with section 122) shall be modified in its application to a scheme to which regulation 61 applies so that it shall be read as if—

• (a) in subsection (1)—

• (i) for the words “This section applies where in relation to an occupational pension scheme”, there were substituted the words “This section applies where in relation to a non-segregated scheme”; and

• (ii) in paragraphs (a) and (b) of subsection (1), for the words “the employer”, there were substituted the words “an employer”;

• (b) in subsection (4)—

• (i) in paragraph (d), for the words “the employer”, there were substituted the words “an employer”; and

• (ii) in paragraph (e), for the words “in relation to the employer, the employer”, there were substituted the words “in relation to an employer, that employer”; and

• (c) after subsection (4), there were inserted the following subsection—

(4A) Where the trustees or managers of a non-segregated scheme receive a copy of a notice issued by the Board under section 122 by virtue of this section, they must send a copy of that notice as soon as practicable to all the employers in relation to the scheme.

• (5) Section 125 of the Act (binding notices confirming status of scheme) shall be modified in its application to a scheme to which regulation 61 applies so that it shall be read as if—

• (a) in subsection (3)—

• (i) in paragraph (d), for the words “the employer”, there were substituted the words “an employer”; and

• (ii) in paragraph (e), for the words “in relation to the employer, the employer”, there were substituted the words “in relation to an employer, that employer”; and

• (b) after subsection (3), there were inserted the following subsection—

(3A) Where the trustees or managers of a non-segregated scheme receive a notice from the Board under subsection (3) together with a copy of the binding notice, they must send a copy of the notice and the binding notice as soon as practicable to all the employers in relation to the scheme.

Eligible schemes

63

• (1) Section 126(1) of the Act (eligible schemes) shall be modified in its application to a scheme to which regulation 61 applies so that it shall be read as if, for the words “an occupational pension scheme”, there were substituted the words “a non-segregated scheme”.

• (2) Paragraph (1) shall not have effect in relation to sections 174 to 181 of the Act (the levies).

Duty to assume responsibility for schemes

64

• (1) Section 127 of the Act (duty to assume responsibility for schemes following insolvency event) shall have effect in relation to a scheme to which regulation 61 applies and, for this purpose, shall be modified so that it shall be read as if—

• (a) for subsection (1), there were substituted the following subsection—

(1) This section applies where a qualifying insolvency event has occurred in relation to an employer in relation to a non-segregated scheme.

; and

• (b) for subsection (3), there were substituted the following subsection—

(3) For the purposes of this section, an insolvency event (“the current event”) in relation to an employer in relation to an eligible scheme is a qualifying insolvency event if— (a) it occurs— (i) simultaneously in relation to more than one of the employers in relation to the scheme at a time when those employers are the only employers in relation to the scheme, or (ii) in relation to an employer in relation to the scheme at a time when all other employers in relation to the scheme have either had— (aa) an insolvency event occur in relation to them and an insolvency practitioner is still required by law to be appointed to act in relation to them, or (bb) a notice given in respect of them by the trustees or managers of the section under section 129(1A) or a notice given by the Board in respect of them under section 129(5) by virtue of a notice given by the Regulator under section 129(4)(a), (b) it occurs on or after the day appointed under section 126(2), and (c) it— (i) is the first insolvency event to occur in relation to that employer on or after that day, or (ii) does not occur within an assessment period (see section 132) in relation to the scheme which began before the occurrence of the current event.

• (2) Section 128 of the Act (duty to assume responsibility for schemes following application or notification) shall be modified in its application to a scheme to which regulation 61 applies so that it shall be read as if, for subsection (1), there were substituted the following subsection—

(1) This section applies where, in relation to a non-segregated scheme which is, for the purposes of this Part, an eligible scheme— (a) the trustees or managers of the scheme make an application under subsection (1)(a) or (b) of section 129 (a “section 129 application”), or (b) the Board receives a notice given by the Regulator under subsection (4)(b) of that section.

Applications and notifications

65

• (1) Section 129 of the Act (applications and notifications for the purposes of section 128) shall be modified in its application to a scheme to which regulation 61 applies so that it shall be read as if—

• (a) for subsection (1), there were substituted the following subsection—

(1) Where the trustees or managers of a non-segregated scheme which is, for the purposes of this Part, an eligible scheme— (a) have— (i) notified the Board in accordance with subsection (1A) that an employer in relation to the scheme is unlikely to continue as a going concern at a time when all other employers in relation to the scheme have either had— (aa) an insolvency event occur in relation to them and an insolvency practitioner is still required by law to be appointed to act in relation to them, or (bb) a notice given in respect of them by the trustees or managers of the scheme under subsection (1A) or a notice given by the Board in respect of them under subsection (5) by virtue of a notice given by the Regulator under subsection (4)(a), or (ii) ii)received a notice given by the Board under subsection (5) by virtue of a notice given by the Regulator under subsection (4)(a) in respect of an employer in relation to the scheme at a time when all other employers in relation to the scheme have either had— (aa) an insolvency event occur in relation to them and an insolvency practitioner is still required by law to be appointed to act in relation to them, or (bb) a notice given in respect of them by the trustees or managers of the scheme under subsection (1A) or a notice given by the Board in respect of them under subsection (5) by virtue of a notice given by the Regulator under subsection (4)(a), or (b) are aware that a person is no longer an employer, or that persons are no longer employers, in relation to the scheme at a time when— (i) all other employers in relation to the scheme have either had— (aa) an insolvency event occur in relation to them and an insolvency practitioner is still required by law to be appointed to act in relation to them, or (bb) a notice given in respect of them by the trustees or managers of the scheme under subsection (1A) or a notice given by the Board in respect of them under subsection (5) by virtue of a notice given by the Regulator under subsection (4)(a), and (ii) at least one such insolvency event occurred, or at least one such notice was given under subsection (1A) or (5) by virtue of a notice given by the Regulator under subsection (4)(a), on or after 6th April 2005 in relation to an employer in relation to that scheme, they must, except where an assessment period has already begun in relation to that scheme, make an application to the Board for it to assume responsibility for the scheme under section 128.

; and

• (b) after subsection (1), there were inserted the following subsections—

(1A) Where the trustees or managers of a non-segregated scheme which is, for the purposes of this Part, an eligible scheme become aware that an employer in relation to the scheme— (a) is unlikely to continue as a going concern, and (b) the prescribed requirements are met in relation to that employer, they must give the Board a notice to that effect. (1B) The notice which must be given to the Board in accordance with subsection (1A) must be in writing and must contain the following information— (a) a description of the type or purpose of the notice, (b) the name of the employer in relation to the scheme in respect of which the notice is given, (c) a statement by the trustees or managers of the scheme that the employer in respect of which the notice is given is unlikely to continue as a going concern and that the requirements prescribed under subsection (1A)(b) have been met in relation to that employer, (d) the date on which the trustees or managers of the scheme became aware that the employer in respect of which the notice is given is unlikely to continue as a going concern, and (e) the date on which the notice was sent to the Board by the trustees or managers of the scheme. (1C) Where the trustees or managers of a non-segregated scheme which is, for the purposes of this Part, an eligible scheme make an application to the Board under subsection (1)(a) or (b), they must as soon as practicable notify that fact to all the employers in relation to the scheme.

• (c) for subsection (4), there were substituted the following subsection—

(4) Where, in relation to a non-segregated scheme which is, for the purposes of this Part, an eligible scheme, the Regulator— (a) becomes aware that an employer in relation to the scheme— (i) is unlikely to continue as a going concern, and (ii) meets the requirements prescribed under subsection (1A)(b), or (b) is aware that a person is no longer an employer, or that persons are no longer employers, in relation to the scheme at a time when— (i) all other employers in relation to the scheme have either had— (aa) an insolvency event occur in relation to them and an insolvency practitioner is still required by law to be appointed to act in relation to them, or (bb) a notice given in respect of them by the trustees or managers of the scheme under subsection (1A) or a notice given by the Board in respect of them under subsection (5) by virtue of a notice given by the Regulator under subsection (4)(a), and (ii) at least one such insolvency event occurred, or at least one such notice was given under subsection (1A) or (5) by virtue of a notice given by the Regulator under subsection (4)(a), on or after 6th April 2005 in relation to an employer in relation to that scheme, it must, except where an assessment period has already begun in relation to the scheme, give the Board a notice to that effect.

; and

• (d) after subsection (5), there were inserted the following subsection—

(5A) Where the trustees or managers of a non-segregated scheme receive a copy of a notice from the Board under subsection (5), they must send a copy of that notice as soon as practicable to all the employers in relation to the scheme.

• (2) Section 130 of the Act (Board’s duty where application or notification received under section 129) shall be modified in its application to a scheme to which regulation 61 applies so that it shall be read as if—

• (a) for subsection (1), there were substituted the following subsection—

(1) This section applies where the Board— (a) receives an application under subsection (1) of section 129 and is satisfied that either paragraph (a) or (b) of that subsection is satisfied in relation to the application, or (b) is notified by the Regulator under section 129(4)(b).

• (b) after subsection (4), there were inserted the following subsection—

(4A) Where the trustees or managers of a non-segregated scheme receive a copy of a notice from the Board under subsection (4), they must send a copy of that notice as soon as practicable to all the employers in relation to the scheme.

; and

• (c) after subsection (7), there were inserted the following subsection—

(7A) Where the trustees or managers of a non-segregated scheme receive a notice from the Board under subsection (7) together with a copy of the binding notice, they must send a copy of the notice and the binding notice as soon as practicable to all the employers in relation to the scheme.

Assessment periods

66

Section 132 of the Act (assessment periods) shall be modified in its application to a scheme to which regulation 61 applies so that it shall be read as if—

• (a) in subsection (2)—

• (i) for the words “in relation to an eligible scheme”, there were substituted the words “in relation to a non-segregated scheme which is, for the purposes of this Part, an eligible scheme”;

• (ii) for the words “the employer,”, there were substituted the words “an employer in relation to the scheme”; and

• (iii) after the words “an assessment period”, there were inserted the words “in relation to the scheme”;

• (b) in subsection (4), for the words “in relation to an eligible scheme, an application is made under section 129(1) or a notification is received under section 129(5)(a), an assessment period”, there were substituted the words “in relation to a non-segregated scheme which is, for the purposes of this Part, an eligible scheme, an application is made under section 129(1)(a) or (b) or a notification is received under section 129(4)(b), an assessment period in relation to the scheme”; and

• (c) in subsection (5), for the words “section 129(5)(a)”, there were substituted the words “section 129(4)(b)”.

Restrictions on winding up, discharge of liabilities etc and power to validate contraventions of section 135

67

• (1) Section 136(2)(of the Act (power to validate contraventions of section 135) shall be modified in its application to a scheme to which regulation 61 applies so that it shall be read as if, for the words “in relation to the employer, or if there is no such insolvency practitioner, the employer”, there were substituted the words “in relation to an employer or, if there is no such insolvency practitioner, that employer”.

• (2) Section 137(2) of the Act (Board to act as creditor of the employer) shall be modified in its application to a scheme to which regulation 61 applies so that it shall be read as if, for the words “the employer”, there were substituted the words “an employer”.

Valuation of assets

68

Sections 143A(4)(c) (Determinations under section 143), 144(2)(b)(iii) (approval of valuation) and 145(3)(c) (binding valuations) of the Act shall be modified in their application to a scheme to which regulation 61 applies so that they shall be read as if, for the words “in relation to the employer or, if there is no such insolvency practitioner, the employer”, there were substituted the words “in relation to an employer or, if there is no such insolvency practitioner, that employer”.

Refusal to assume responsibility

69

• (1) The provisions of the Act specified in paragraph (2) shall be modified in their application to a scheme to which regulation 61 applies so that they shall be read as if, for the words “in relation to the employer or, if there is no such insolvency practitioner, the employer”, there were substituted the words “in relation to an employer or, if there is no such insolvency practitioner, that employer”.

• (2) The provisions specified in this paragraph are—

• (a) section 146(2)(b)(iii) and (4)(c) (schemes which become eligible schemes); and

• (b) section 147(2)(b)(iii) and (4)(c) (new schemes created to replace existing schemes).

• (3) Section 148(5)(c) and (7)(c) of the Act (withdrawal following issue of section 122(4) notice) shall be modified in its application to a scheme to which regulation 61 applies so that it shall be read as if, for the words “the employer”, there were substituted the words “any employer”.

Transfer notices and the pension compensation provisions

70

• (1) Section 160 of the Act (transfer notice) shall be modified in its application to a scheme to which regulation 61 applies so that it shall be read as if—

• (a) in subsection (1), for the words “where the Board is required to assume responsibility for a scheme”, there were substituted the words “where the Board is required to assume responsibility for a non-segregated scheme”;

• (b) after subsection (2), there were inserted the following subsection—

(2A) Where the trustees or managers of a non-segregated scheme receive a transfer notice from the Board under subsection (2), they must send a copy of that notice as soon as practicable to all the employers in relation to the scheme.

; and

• (c) for subsection (6), there were substituted the following subsection—

(6) The Board must give a copy of the transfer notice given under subsection (2) to— (a) the Regulator, and (b) an insolvency practitioner acting in relation to every employer in relation to the scheme in respect of which the transfer notice is given.

• (2) Schedule 6 to the Act (transfer of property, rights and liabilities to the Board) shall be modified in its application to a scheme to which regulation 61 applies so that it shall be read as if, in paragraph 1, for the words “an occupational pension scheme”, there were substituted the words “a non-segregated multi-employer scheme”.

• (3) Schedule 7 to the Act (pension compensation provisions) shall be modified in its application to a scheme to which regulation 61 applies so that it shall be read as if, in paragraph 1, for the words “an eligible scheme”, there were substituted the words “a non-segregated multi-employer scheme which is, for the purposes of Part 2, an eligible scheme”.

PART 7 — NON-SEGREGATED SCHEME WITH AN OPTION TO SEGREGATE ON THE WITHDRAWAL OF A PARTICIPATING EMPLOYER

Application and effect

71

• (1) This regulation applies to a non-segregated multi-employer scheme in circumstances—

• (a) where—

• (i) an insolvency event occurs in relation to an employer in relation to the scheme; or

• (ii) the trustees or managers of the scheme become aware that an employer in relation to the scheme is unlikely to continue as a going concern and meets the requirements prescribed under subsection (1)(b) of section 129 of the Act (applications and notifications for the purposes of section 128); and

• (b) where, under the rules of the scheme, the trustees or managers have an option, in circumstances where an employer in relation to the scheme ceases to participate in the scheme, to segregate such part of the assets of the scheme as is attributable to the scheme's liabilities to provide pensions or other benefits to or in respect of the pensionable service of some or all of the members by reference to that employer.

• (2) In the case of a scheme to which this regulation applies—

• (a) the trustees or managers of the scheme shall be deemed to have exercised the option to segregate under the scheme rules so as to create a segregated part of the scheme unless and until they decide not to exercise that option and have given the Board a notice to this effect as required by section 120(3A) or 129(1B) of the Act as modified by this Part; and

• (b) except as otherwise provided for in paragraph (3) below, Part 2 of the Act shall be read in relation to the scheme as if it contained the modifications provided for in Part 5 of these Regulations.

• (3) The exceptions referred to in paragraph (2) above are that—

• (a) section 120 of the Act (duty to notify insolvency events in respect of employers) shall be modified so that it shall be read as if—

• (i) for subsection (1), there were substituted the following subsection—

(1) This section applies where an insolvency event occurs in relation to an employer in relation to a multi-employer scheme which is not divided into two or more sections (“a non-segregated scheme”) under the rules of which the trustees or managers of the scheme have an option, in circumstances where an employer in relation to the scheme ceases to participate in the scheme, to segregate such part of the assets of the scheme as is attributable to the scheme's liabilities to provide pensions or other benefits to or in respect of the pensionable service of some or all of the members of the scheme by reference to that employer (“the segregated part”).

; and

• (ii) after subsection (3), there were inserted the following subsection—

(3A) If, where this section applies to a non-segregated scheme, the trustees or managers of the scheme decide not to exercise the option to segregate under the scheme rules so as to create a segregated part of the scheme they must, as soon as practicable— (a) give a notice to the Board to that effect (a “non-segregation notice”); and (b) send a copy of that notice to— (i) an insolvency practitioner acting in relation to the employer, and (ii) the Regulator.

• (b) section 122 of the Act (insolvency practitioner's duty to issue notices confirming status of scheme) shall be modified so that it shall be read as if, after subsection (2), there were inserted the following subsection—

(2A) Where an insolvency practitioner acting in relation to an employer in relation to a non-segregated scheme receives a non-segregation notice under subsection (3A) of section 120 from the trustees or managers of the scheme, he must as soon as practicable issue a notice under subsection (2)(b) (a “withdrawal notice”) in relation to the scheme.

; and

• (c) section 129 of the Act (applications and notifications for the purposes of section 128) shall be modified so that it shall be read as if—

• (i) for subsection (1), there were substituted the following subsection—

(1) The trustees or managers of a non-segregated scheme which is, for the purposes of this Part, an eligible scheme must make an application to the Board for it to assume responsibility for a segregated part of the scheme under section 128 where they become aware that — (a) an employer in relation to the scheme is unlikely to continue as a going concern, and (b) the prescribed requirements are met in relation to that employer,and where the rules of the scheme contain an option, in circumstances where an employer in relation to the scheme ceases to participate in the scheme, for the trustees or managers to segregate such part of the assets of the scheme as is attributable to the scheme's liabilities to provide pensions or other benefits to or in respect of the pensionable service of some or all of the members by reference to that employer.

; and

• (ii) after subsection (1A), there were inserted the following subsections—

(1B) If, where subsection (1) applies to a non-segregated scheme, the trustees or managers of the scheme decide not to exercise the option to segregate under the scheme rules so as to create a segregated part of the scheme they must, as soon as practicable— (a) give a notice to the Board to that effect (a “non-segregation notice”); and (b) send a copy of that notice to the Regulator.

; and

(1C) Where the Board receives a non-segregation notice from the trustees or managers of a non-segregated scheme under paragraph (a) of subsection (1B), it must as soon as practicable issue a notice under subsection (3) of section 130 (a “withdrawal notice”) in relation to the scheme.

PART 8 — SEGREGATED SCHEMES:

MULTI-EMPLOYER SECTIONS OF SEGREGATED SCHEMES WITH AN OPTION TO SEGREGATE ON THE WITHDRAWAL OF A PARTICIPATING EMPLOYER

Application and effect

72

• (1) This regulation applies to a multi-employer section of a segregated scheme in circumstances—

• (a) where—

• (i) an insolvency event occurs in relation to an employer in relation to that section; or

• (ii) the trustees or managers of the scheme become aware that an employer in relation to that section is unlikely to continue as a going concern and meets the requirements prescribed under subsection (1)(b) of section 129 of the Act (applications and notifications for the purposes of section 128); and

• (b) where, under the rules of the scheme, the trustees or managers have an option, in circumstances where an employer in relation to the section ceases to participate in the scheme, to segregate such part of the assets of the scheme as is attributable to the liabilities of the section to provide pensions or other benefits to or in respect of the pensionable service of some or all of the members by reference to that employer.

• (2) In the case of a multi-employer section of a segregated scheme to which this regulation applies—

• (a) the trustees or managers of that section shall be deemed to have exercised the option to segregate under the scheme rules so as to create a segregated part of the section unless and until they decide not to exercise that option and have given the Board a notice to this effect as required by section 120(3A) or 129(1B) of the Act as modified by this Part; and

• (b) except as otherwise provided for in paragraph (3) below, Part 2 of the Act shall be read in relation to that section as if it contained the modifications provided for in Part 4 of these Regulations.

• (3) The exceptions referred to in paragraph (2) above are that—

• (a) section 120 of the Act (duty to notify insolvency events in respect of employers) shall be modified so that it shall be read as if—

• (i) for subsection (1), there were substituted the following subsection—

(1) This section applies where an insolvency event occurs in relation to an employer in relation to a section of a multi-employer scheme which is divided into two or more sections (“a segregated scheme”) with at least two employers in relation to that section of the scheme (“a multi-employer section”) under the rules of which the trustees or managers of that section have an option, in circumstances where an employer in relation to that section of the scheme ceases to participate in the scheme, to segregate such part of the assets of the section as is attributable to the liabilities of the section to provide pensions or other benefits to or in respect of the pensionable service of some or all of the members of that section by reference to that employer (“the segregated part”).

• (ii) after subsection (3), there were inserted the following subsection—

(3A) If, where this section applies to a multi-employer section of a segregated scheme, the trustees or managers of the section decide not to exercise the option to segregate under the scheme rules so as to create a segregated part of that section they must, as soon as practicable— (a) give a notice to the Board to that effect (a “non-segregation notice”); and (b) send a copy of that notice to— (i) an insolvency practitioner acting in relation to the employer, and (ii) the Regulator.

• (b) section 122 of the Act (insolvency practitioner's duty to issue notices confirming status of scheme) shall be modified so that it shall be read as if, after subsection (2), there were inserted the following subsection—

(2A) Where an insolvency practitioner acting in relation to an employer in relation to a multi-employer section of a segregated scheme receives a non-segregation notice under subsection (3A) of section 120 from the trustees or managers of that section, he must as soon as practicable issue a notice under subsection (2)(b) (a “withdrawal notice”) in relation to that section.

; and

• (c) section 129 of the Act (applications and notifications for the purposes of section 128) shall be modified so that it shall be read as if—

• (i) for subsection (1), there were substituted the following subsection—

(1) The trustees or managers of a multi-employer section of a segregated scheme which is, for the purposes of this Part, an eligible scheme must make an application to the Board for it to assume responsibility for a segregated part of the section under section 128 where they become aware that — (a) an employer in relation to the section is unlikely to continue as a going concern, and (b) the prescribed requirements are met in relation to that employer,and where the rules of the scheme contain an option, in circumstances where an employer in relation to a section of the scheme ceases to participate in the scheme, for the trustees or managers to segregate such part of the assets of the section as is attributable to the liabilities of the section to provide pensions or other benefits to or in respect of the pensionable service of some or all of the members by reference to that employer.

; and

• (ii) after subsection (1A), there were inserted the following subsections—

(1B) If, where subsection (1) applies to a multi-employer section of a segregated scheme, the trustees or managers of the section decide not to exercise the option to segregate under the scheme rules so as to create a segregated part of that section they must, as soon as practicable— (a) give a notice to the Board to that effect (a “non-segregation notice”); and (b) send a copy of the notice to the Regulator.

; and

(1C) Where the Board receives a non-segregation notice from the trustees or managers of a multi-employer section of a segregated scheme under paragraph (a) of subsection (1B), it must as soon as practicable issue a notice under subsection (3) of section 130 (a “withdrawal notice”) in relation to that section.

PART 9 — MULTI-EMPLOYER SCHEMES:

THE PENSION PROTECTION LEVIES

Modification of sections 175 to 181 of the Act: segregated schemes

73

• (1) This regulation applies to a segregated scheme.

• (2) In the case of a segregated scheme to which this regulation applies—

• (a) sections 175 to 181 of the Act (pension protection levies) shall have effect as if each section of the scheme were a separate scheme; and

• (b) references in sections 175 to 181 to “an eligible scheme” shall be read as if they were references to a section of the scheme in circumstances where that section, if it were a scheme, would not be—

• (i) a money purchase scheme; or

• (ii) a scheme which is a prescribed scheme or a scheme of a prescribed description under section 126(1)(b) of the Act (eligible schemes).

• (3) For the purposes of this regulation, section 179 of the Act (valuations to determine scheme underfunding) shall be modified so that it shall be read as if, for the words “an actuarial valuation of the scheme” in subsection (1)(a), there were substituted the words “ an actuarial valuation of the section ”.

Modification of sections 175 to 181 of the Act: non-segregated schemes

74

• (1) This regulation applies to a multi-employer scheme which is not divided into two or more sections (“a non-segregated scheme”).

• (2) In the case of a scheme to which this regulation applies, references to “an eligible scheme” in sections 175 to 181 of the Act (pension protection levies) are to a non-segregated scheme which—

• (a) is not a money purchase scheme; or

• (b) is not a prescribed scheme or a scheme of a prescribed description under section 126(1)(b) of the Act (eligible schemes).

• (3) Section 175 of the Act shall be modified so that it shall be read as if—

• (a) in the case of a scheme to which this regulation applies, the rules of which contain a requirement for the trustees or managers to segregate such part of the assets as is attributable to the liabilities of the scheme to provide pensions or other benefits to or in respect of the pensionable service of some or all of the members of the scheme by reference to an employer in relation to the scheme which would be triggered when such an employer ceased to participate in the scheme, for paragraph (a) of subsection (2), there were substituted the following paragraph—

(a) a risk-based pension protection levy is a levy assessed by reference to— (i) the difference between the value of the scheme's assets (disregarding any assets representing the value of any rights in respect of money purchase benefits under the scheme rules) and the amount of its protected liabilities, (ii) where the Board considers it appropriate, the scheme rules containing a requirement for the trustees or managers of the scheme to segregate such part of the assets of the scheme as is attributable to the scheme's liabilities to provide pensions or other benefits to or in respect of the pensionable service of some or all of the members by reference to an employer in relation to the scheme in circumstances where that employer ceases to participate in the scheme, (iii) except in relation to any prescribed scheme or scheme of a prescribed description, the likelihood of an insolvency event occurring in relation to each employer in relation to the scheme, and (iv) if the Board considers it appropriate, one or more other risk factors mentioned in subsection (3), and

• (b) in the case of a scheme to which this regulation applies, the rules of which give the trustees or managers an option to segregate such part of the assets as is attributable to the liabilities of the section to provide pensions or other benefits to or in respect of the pensionable service of some or all of the members of the section by reference to an employer in relation to that section when an employer in relation to the section ceases to participate in the scheme, for paragraph (a) of subsection (2), there were substituted the following paragraph—

(a) a risk-based pension protection levy is a levy assessed by reference to— (i) the difference between the value of the scheme's assets (disregarding any assets representing the value of any rights in respect of money purchase benefits under the scheme rules) and the amount of its protected liabilities, (ii) where the Board considers it appropriate, whether or not the scheme rules containing a requirement for the trustees or managers of the scheme to segregate such part of the assets of the scheme as is attributable to the scheme's liabilities to provide pensions or other benefits to or in respect of the pensionable service of some or all of the members by reference to an employer in relation to the scheme in circumstances where that employer ceases to participate in the scheme, (iii) except in relation to any prescribed section or section of a prescribed description, the likelihood of an insolvency event occurring in relation to each employer in relation to the scheme, and (iv) if the Board considers it appropriate, one or more other risk factors mentioned in subsection (3), and

; and

• (c) in the case of a scheme to which this regulation applies, the rules of which do not contain a requirement for the trustees or managers to segregate such part of the assets as is attributable to the liabilities of the scheme to provide pensions or other benefits to or in respect of the pensionable service of some or all of the members of the scheme by reference to an employer in relation to that scheme which would be triggered when such an employer ceased to participate in the scheme, ... for paragraph (a) of subsection (2), there were substituted the following paragraph—

(a) a risk-based pension protection levy is a levy assessed by reference to— (i) the difference between the value of the scheme's assets (disregarding any assets representing the value of any rights in respect of money purchase benefits under the scheme rules) and the amount of its protected liabilities, (ii) except in relation to any prescribed scheme or scheme of a prescribed description, the likelihood of an insolvency event occurring in relation to all the employers in relation to the scheme, and (iii) if the Board considers it appropriate, one or more other risk factors mentioned in subsection (3), and

Modification of sections 175 to 181 of the Act: multi-employer sections of segregated schemes

75

• (1) This regulation applies to a multi-employer section of a segregated scheme.

• (2) Section 175 of the Act shall be modified so that it shall be read as if—

• (a) in the case of a section of a scheme to which this regulation applies, the rules of which contain a requirement for the trustees or managers to segregate such part of the assets as is attributable to the liabilities of the section to provide pensions or other benefits to or in respect of the pensionable service of some or all of the members of the section by reference to an employer in relation to that section which would be triggered when an employer in relation to the section ceased to participate in the scheme, for paragraph (a) of subsection (2), there were substituted the following paragraph—

(a) a risk-based pension protection levy is a levy assessed by reference to— (i) the difference between the value of the assets of the section (disregarding any assets representing the value of any rights in respect of money purchase benefits under the scheme rules) and the amount of its protected liabilities, (ii) where the Board considers it appropriate, whether or not the scheme rules relating to the section contain a requirement for the trustees or managers of the scheme to segregate such part of the assets of the section as is attributable to the liabilities of the section to provide pensions or other benefits to or in respect of the pensionable service of some or all of the members by reference to an employer in relation to the section in circumstances where that employer ceases to participate in the scheme, (iii) except in relation to any prescribed section or section of a prescribed description, the likelihood of an insolvency event occurring in relation to each employer in relation to the section, and (iv) if the Board considers it appropriate, one or more other risk factors mentioned in subsection (3), and

• (b) in the case of a section of a scheme to which this regulation applies, the rules of which give the trustees or managers an option to segregate such part of the assets as is attributable to the liabilities of the section to provide pensions or other benefits to or in respect of the pensionable service of some or all of the members of the section by reference to an employer in relation to that section when an employer in relation to the section ceases to participate in the scheme, for paragraph (a) of subsection (2), there were substituted the following paragraph—

(a) a risk-based pension protection levy is a levy assessed by reference to— (i) the difference between the value of the assets of the section (disregarding any assets representing the value of any rights in respect of money purchase benefits under the scheme rules) and the amount of its protected liabilities, (ii) where the Board considers it appropriate, whether or not the scheme rules relating to the section contain a requirement for the trustees or managers of the scheme to segregate such part of the assets of the section as is attributable to the liabilities of the section to provide pensions or other benefits to or in respect of the pensionable service of some or all of the members by reference to an employer in relation to the section in circumstances where that employer ceases to participate in the scheme, (iii) except in relation to any prescribed section or section of a prescribed description, the likelihood of an insolvency event occurring in relation to each employer in relation to the section, and (iv) if the Board considers it appropriate, one or more other risk factors mentioned in subsection (3), and

; and

• (c) in the case of a section of a scheme to which this regulation applies, the rules of which do not contain a requirement for the trustees or managers to segregate such part of the assets as is attributable to the liabilities of the section to provide pensions or other benefits to or in respect of the pensionable service of some or all of the members of the section by reference to an employer in relation to that section which would be triggered when an employer in relation to the section ceased to participate in the scheme, for paragraph (a) of subsection (2), there were substituted the following paragraph—

(a) a risk-based pension protection levy is a levy assessed by reference to— (i) the difference between the value of the assets of the section (disregarding any assets representing the value of any rights in respect of money purchase benefits under the scheme rules) and the amount of its protected liabilities, (ii) except in relation to any prescribed section or section of a prescribed description, the likelihood of an insolvency event occurring in relation to all the employers in relation to the section, and (iii) if the Board considers it appropriate, one or more other risk factors mentioned in subsection (3), and

PART 10 — FINANCIAL ASSISTANCE SCHEME FOR MEMBERS OF CERTAIN PENSION SCHEMES

Modification of section 286 of the Act

76

Section 286 of the Act (financial assistance for members of certain pension schemes) shall be modified in its application to a multi-employer scheme so that it shall be read as if, for paragraph (c) of the definition of “qualifying pension scheme” in subsection (2), there were substituted the following paragraph—

(c) one, some or all of the employers in relation to which satisfy such conditions as may be prescribed at such time as may be prescribed, and

Signed

Signed by authority of the Secretary of State for Work and Pensions

Malcolm Wicks — Minister of State, — Department for Work and Pensions — 2005-03-02

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 2004 c. 35. Section 318(1) is cited because of the meaning there given to “modifications”, “prescribed” and “regulations”.

[^f00002]: See section 317 of the Pensions Act 2004 which provides that the Secretary of State must consult such persons as he considers appropriate before making regulations by virtue of the provisions of the Act (other than Part 8). This duty does not apply where regulations are made before the end of six months beginning with the coming into force of the provisions of the Act by virtue of which the regulations are made.

[^f00003]: 1993 c. 48.

[^f00004]: 1995 c. 26.

Power to validate contraventions of section 135 and Board to act as creditor of the employer

Transfer notice and assumption of responsibility for a scheme

Ill health pensions

37A

• (1) Section 141 of the Act (effect of a review) shall be modified in its application to a segregated part to which regulation 28 applies so that it shall be read as if–

• (a) in subsection (4) the words “a determination under section 143(2)(a) or” were omitted; and

• (b) in subsection (5)(a) the words “makes a determination under section 143(2)(a) or” were omitted.

• (2) Section 142(1) of the Act (sections 140 and 141: interpretation) shall be modified in its application to a segregated part to which regulation 28 applies so that it shall be read as if, for the words “143(2)(b)” in the definition of “scheme valuation” there were substituted the word “143”.

Valuation of assets

Refusal to assume responsibility for a scheme

Reconsideration

Closed schemes, requirement to wind up schemes with sufficient assets and applications and notifications where closed schemes have insufficient assets

Transfer notices and assumption of responsibility for a scheme

Further actuarial valuation of segregated parts

The pension compensation provisions

Ill health pensions

53A

• (1) Section 141 of the Act (effect of a review) shall be modified in its application to a segregated part to which regulation 45 applies so that it shall be read as if–

• (a) in subsection (4) the words “a determination under section 143(2)(a) or” were omitted; and

• (b) in subsection (5)(a) the words “makes a determination under section 143(2)(a) or” were omitted.

• (2) Section 142(1) of the Act (sections 140 and 141: interpretation) shall be modified in its application to a segregated part to which regulation 45 applies, so that it shall be read as if for the words “143(2)(b)” in the definition of “scheme valuation” there were substituted the word “143”.

Valuation of assets

Refusal to assume responsibility for a scheme

Reconsideration

Closed schemes, requirement to wind up schemes with sufficient assets and applications and notifications where closed schemes have insufficient assets)

Transfer notices and assumption of responsibility for a scheme

Further actuarial valuation of segregated parts

The pension compensation provisions

Applications and notifications and Board’s duty where application or notification received under section 129

Power to validate contraventions of section 135 and Board to act as creditor of the employer

Transfer notice and the pension compensation provisions

Editorial notes

[^c1082746]: 2004 c. 35. Section 318(1) is cited because of the meaning there given to “modifications”, “prescribed” and “regulations”.

[^c1082747]: See section 317 of the Pensions Act 2004 which provides that the Secretary of State must consult such persons as he considers appropriate before making regulations by virtue of the provisions of the Act (other than Part 8). This duty does not apply where regulations are made before the end of six months beginning with the coming into force of the provisions of the Act by virtue of which the regulations are made.

[^c2199566]: Reg. 2 wholly in force at 6.4.2005; reg. 2 not in force at made date; reg. 2(2)(b) in force at 9.3.2005 for certain purposes and reg. 2 in force at 6.4.2005 in so far as not already in force, see reg. 1(1)(a)(d)

[^c2199567]: Reg. 3 wholly in force at 6.4.2005; reg. 3 not in force at made date; reg. 3(2)(d) in force at 9.3.2005 for certain purposes and reg. 3 in force at 6.4.2005 in so far as not already in force, see reg. 1(1)(a)(d)

[^c2199568]: Reg. 4 partly in force; reg. 4 not in force at made date; reg. 4 in force at 1.4.2005 for certain purposes and reg. 4 in force at 6.4.2005 in so far as not already in force, see reg. 1(1)(c)(d)

[^c2199569]: Reg. 9 wholly in force at 6.4.2005; reg. 9 not in force at made date; reg. 9(1)(a) in force at 9.3.2005 for certain purposes and reg. 9 in force at 6.4.2005 in so far as not already in force, see reg. 1(1)(a)(d)

[^c2199574]: Reg. 28 wholly in force at 6.4.2005; reg. 28 not in force at made date; reg. 28(4)(b) in force at 9.3.2005 for certain purposes and reg. 28 in force at 6.4.2005 in so far as not already in force, see reg. 1(1)(a)(d)

[^c2199575]: Reg. 29 wholly in force at 6.4.2005; reg. 29 not in force at made date; reg. 29(2)(d) in force at 9.3.2005 for certain purposes and reg. 29 in force at 6.4.2005 in so far as not already in force, see reg. 1(1)(a)(d)

[^c2199576]: Reg. 32 wholly in force at 6.4.2005; reg. 32 not in force at made date; reg. 32(d) in force at 9.3.2005 for certain purposes and reg. 32 in force at 6.4.2005 in so far as not already in force, see reg. 1(1)(a)(d)

[^c2199577]: Reg. 38 wholly in force at 6.4.2005; reg. 38 not in force at made date; reg. 38(1)(d)(i) in force at 9.3.2005 for certain purposes and reg. 38 in force at 6.4.2005 in so far as not already in force, see reg. 1(1)(a)(d)

[^c2199578]: Reg. 39 wholly in force at 6.4.2005; reg. 39 not in force at made date; reg. 39(1)(a)(2)(a) in force at 9.3.2005 for certain purposes and reg. 39 in force at 6.4.2005 in so far as not already in force, see reg. 1(1)(a)(d)

[^c2199579]: Reg. 45 wholly in force 6.4.2005; reg. 45 not in force at made date; reg. 45(4)(b) in force at 9.3.2005 for certain purposes and reg. 45 in force at 6.4.2005 in so far as not already in force, see reg. 1(1)(a)(d)

[^c2199580]: Reg. 46 wholly in force at 6.4.2005; reg. 46 not in force at made date; reg. 46(2)(d) in force at 9.3.2005 for certain purposes and reg. 46 in force at 6.4.2005 in so far as not already in force, see reg. 1(1)(a)(d)

[^c2199581]: Reg. 49 wholly in force at 6.4.2005; reg. 49 not in force at made date; reg. 49(d) in force at 9.3.2005 for certain purposes and reg. 49 in force at 6.4.2005 in so far as not already in force, see reg. 1(1)(a)(d)

[^c2199582]: Reg. 54 wholly in force at 6.4.2005; reg. 54 not in force at made date; reg. 54(1)(d)(i) in force at 9.3.2005 for certain purposes and reg. 54 in force at 6.4.2005 in so far as not already in force, see reg. 1(1)(a)(d)

[^c2199583]: Reg. 55 wholly in force at 6.4.2005; reg. 55 not in force at made date; reg. 55(1)(a)(2)(a) in force at 9.3.2005 for certain purposes and reg. 55 in force at 6.4.2005 in so far as not already in force, see reg. 1(1)(a)(d)

[^c2199586]: Reg. 73 wholly in force at 6.4.2005; reg. 73 not in force at made date; reg. 73(3) in force at 9.3.2005 for certain purposes; reg. 73(2)(b) in force at 1.4.2005 for certain purposes and reg. 73 in force at 6.4.2005 in so far as not already in force, see reg. 1(1)(a)(c)(d)

[^c2199588]: Reg. 30 partly in force; reg. 30 not in force at made date; reg. 30 in force at 1.4.2005 for certain purposes and reg. 30 in force at 6.4.2005 in so far as not already in force, see reg. 1(1)(c)(d)

[^c2199589]: Reg. 47 partly in force; reg. 47 not in force at made date; reg. 47 in force at 1.4.2005 for certain purposes and reg. 47 in force at 6.4.2005 in so far as not already in force, see reg. 1(1)(c)(d)

[^c2199590]: Reg. 74 partly in force; reg. 74 not in force at made date; reg. 74(2) in force at 1.4.2005 for certain purposes and reg. 74 in force at 6.4.2005 in so far as not already in force, see reg. 1(1)(c)(d)

[^c2199591]: Reg. 5 wholly in force at 6.4.2005; reg. 5 not in force at made date; reg. 5(2)(d) in force at 9.3.2005 for certain purposes and reg. 5 in force at 6.4.2005 in so far as not already in force, see reg. 1(1)(a)(d)

[^key-0379185d35a0157f137b1ba9fe481c77]: Reg. 1(3)(b)(v) inserted (6.4.2010) by The Occupational Pension Schemes (Employer Debt and Miscellaneous Amendments) Regulations 2010 (S.I. 2010/725), regs. 1(2), 2(c)

[^key-0775f371b42aa4bd6191b24489de14fa]: Reg. 1(3)(a)(vi) inserted (27.1.2012) by The Occupational Pension Schemes (Employer Debt and Miscellaneous Amendments) Regulations 2011 (S.I. 2011/2973), regs. 1(2), 2(b)

[^key-07a8a44df88c171f7ba6331b18b6e833]: Reg. 28(4)(c) and word inserted (24.1.2013) by The Pension Protection Fund (Miscellaneous Amendments) (No. 2) Regulations 2012 (S.I. 2012/3083), regs. 1(2)(b), 2(8) (with regs. 9(2), 10)

[^key-082fd9338ffc9636face26238d413874]: Words in reg. 1(3)(a) substituted (27.1.2012) by The Occupational Pension Schemes (Employer Debt and Miscellaneous Amendments) Regulations 2011 (S.I. 2011/2973), regs. 1(2), 2(a)

[^key-0dd4e062b7c9c33f0a40ae4a07e3df20]: Reg. 75 excluded (with application in accordance with reg. 5(1) of the amending S.I.) by The Occupational Pension Schemes (Pension Protection Levies) (Transitional Period and Modification for Multi-employer Schemes) Regulations 2006 (S.I. 2006/566), regs. 1(1), 6

[^key-0eb0f0d182fc48b3d71c0622be7c4ceb]: Word in reg. 39(2)(c) omitted (1.4.2005) by virtue of The Occupational Pension Schemes and Pension Protection Fund (Amendment) Regulations 2005 (S.I. 2005/993), regs. 1(1), 5(5)(f)

[^key-1a4111d88ca698e7cc67de23975ae5c6]: Words in reg. 73(3) substituted (1.4.2005) by The Occupational Pension Schemes and Pension Protection Fund (Amendment) Regulations 2005 (S.I. 2005/993), regs. 1(1), 5(10)(a)

[^key-1ae188cc3b2fb3201f6955762f526405]: Word in reg. 48(2) omitted (1.4.2005) by virtue of The Occupational Pension Schemes and Pension Protection Fund (Amendment) Regulations 2005 (S.I. 2005/993), regs. 1(1), 5(6)(b)

[^key-1d52eea546dca0bd4166fa77bec4e8dc]: Reg. 74 excluded (with application in accordance with reg. 5(1) of the amending S.I.) by The Occupational Pension Schemes (Pension Protection Levies) (Transitional Period and Modification for Multi-employer Schemes) Regulations 2006 (S.I. 2006/566), regs. 1(1), 6

[^key-1e0be7b03ffc6b04ec84eeb793a41fbb]: Reg. 54(3)(a) substituted (24.1.2013) by The Pension Protection Fund (Miscellaneous Amendments) (No. 2) Regulations 2012 (S.I. 2012/3083), regs. 1(2)(b), 2(16)(g) (with regs. 9(2), 10)

[^key-20c63cbf86cacf55de8815d784539018]: Words in reg. 41 heading substituted (1.4.2005) by The Occupational Pension Schemes and Pension Protection Fund (Amendment) Regulations 2005 (S.I. 2005/993), regs. 1(1), 5(5)(h)(i)

[^key-2881293f8bb67c05714140c27a0cdba4]: Word in reg. 54(1)(c) omitted (24.1.2013) by virtue of The Pension Protection Fund (Miscellaneous Amendments) (No. 2) Regulations 2012 (S.I. 2012/3083), regs. 1(2)(b), 2(16)(c) (with regs. 9(2), 10)

[^key-30d49732eeac96c6aab5cfb99e7ef737]: Reg. 53A inserted (24.1.2013) by The Pension Protection Fund (Miscellaneous Amendments) (No. 2) Regulations 2012 (S.I. 2012/3083), regs. 1(2)(b), 2(15) (with regs. 9(2), 10)

[^key-31ac393f68b9431e58e4d110ebeb7209]: Words in reg. 1(3)(b) substituted (6.4.2010) by The Occupational Pension Schemes (Employer Debt and Miscellaneous Amendments) Regulations 2010 (S.I. 2010/725), regs. 1(2), 2(a)

[^key-31d24981cc3a84a421f57fa8bd438ac6]: Reg. 73(2) excluded (with application in accordance with reg. 5(1) of the amending S.I.) by The Occupational Pension Schemes (Pension Protection Levies) (Transitional Period and Modification for Multi-employer Schemes) Regulations 2006 (S.I. 2006/566), regs. 1(1), 6

[^key-324f85b4010c0a24c3ee4e90b26b4b64]: Words in reg. 74(3)(a) substituted (1.4.2005) by The Occupational Pension Schemes and Pension Protection Fund (Amendment) Regulations 2005 (S.I. 2005/993), regs. 1(1), 5(10)(b)(i)

[^key-35d692356156c8fb9b51c89a9e7a43a3]: Reg. 1(3)(a)(v) inserted (6.4.2010) by The Occupational Pension Schemes (Employer Debt and Miscellaneous Amendments) Regulations 2010 (S.I. 2010/725), regs. 1(2), 2(b)

[^key-3a511f1600ca599315019c060731689b]: Reg. 11(5) inserted (24.1.2013) by The Pension Protection Fund (Miscellaneous Amendments) (No. 2) Regulations 2012 (S.I. 2012/3083), regs. 1(2)(b), 2(5) (with regs. 9(2), 10)

[^key-3c64046e819a8d113d19a3d3190ed231]: Words in reg. 35(a)(i) substituted (1.4.2005) by The Occupational Pension Schemes and Pension Protection Fund (Amendment) Regulations 2005 (S.I. 2005/993), regs. 1(1), 5(5)(d)

[^key-425b4c34af7af9be066f7e236d8d2bc3]: Reg. 57(2)(aa) inserted (24.1.2013) by The Pension Protection Fund (Miscellaneous Amendments) (No. 2) Regulations 2012 (S.I. 2012/3083), regs. 1(2)(b), 2(18)(a) (with regs. 9(2), 10)

[^key-4709485751c1940f8447f9615dadd875]: Reg. 1(3) substituted (19.8.2005) by The Occupational Pension Schemes (Miscellaneous Amendments) Regulations 2005 (S.I. 2005/2113), regs. 1(1), 10(2)(b)

[^key-4a17fe5e12e19e8f7cab6c082e0ad3ff]: Words in reg. 6(1) substituted (24.1.2013) by The Pension Protection Fund (Miscellaneous Amendments) (No. 2) Regulations 2012 (S.I. 2012/3083), regs. 1(2)(b), 2(2) (with regs. 9(2), 10)

[^key-4bae15c81b729f44c02197ed63b5ce87]: Words in reg. 71(3)(b) substituted (1.4.2005) by The Occupational Pension Schemes and Pension Protection Fund (Amendment) Regulations 2005 (S.I. 2005/993), regs. 1(1), 5(8)(b)

[^key-4bcad43eaba21ecaf9b3431873ecf0ed]: Words in reg. 57 heading substituted (1.4.2005) by The Occupational Pension Schemes and Pension Protection Fund (Amendment) Regulations 2005 (S.I. 2005/993), regs. 1(1), 5(6)(e)

[^key-50e5cde25902417f3e66a17ef35784df]: Reg. 23(1) substituted (24.1.2013) by The Pension Protection Fund (Miscellaneous Amendments) (No. 2) Regulations 2012 (S.I. 2012/3083), regs. 1(2)(b), 2(6)(a) (with regs. 9(2), 10)

[^key-57c1b307e0e9562691c2f57de865e965]: Word in reg. 74(3)(b) substituted (1.4.2005) by The Occupational Pension Schemes and Pension Protection Fund (Amendment) Regulations 2005 (S.I. 2005/993), regs. 1(1), 5(10)(b)(ii)

[^key-5cb6d1759f1309a7c930282710fbc7bf]: Reg. 54(2)(a) substituted (24.1.2013) by The Pension Protection Fund (Miscellaneous Amendments) (No. 2) Regulations 2012 (S.I. 2012/3083), regs. 1(2)(b), 2(16)(f) (with regs. 9(2), 10)

[^key-64982dc3dc2dd177a960a4f730c47e6e]: Words in reg. 56(2)(b) substituted (1.4.2005) by The Occupational Pension Schemes and Pension Protection Fund (Amendment) Regulations 2005 (S.I. 2005/993), regs. 1(1), 5(6)(d)

[^key-6e28bc75efe11dd6690455d2ea88044c]: Reg. 46(2)(d) substituted (1.4.2005) by The Occupational Pension Schemes and Pension Protection Fund (Amendment) Regulations 2005 (S.I. 2005/993), regs. 1(1), 5(6)(a)(i)

[^key-704feb2714bba1b6d88ec778ca319ef5]: Pt. 3 substituted (1.8.2005) by The Occupational Pension Schemes (Miscellaneous Amendments) Regulations 2005 (S.I. 2005/2113), regs. 1(2), 10(3)

[^key-756336d9071ac405f02c1699b256a4df]: Reg. 38(1)(ca)(cb) inserted (24.1.2013) by The Pension Protection Fund (Miscellaneous Amendments) (No. 2) Regulations 2012 (S.I. 2012/3083), regs. 1(2)(b), 2(10)(d) (with regs. 9(2), 10)

[^key-756c75a4624ca04c30e6e06889c3d6a0]: Words in reg. 1(2) substituted (retrospectively) by The Pension Protection Fund (Pensionable Service) and Occupational Pension Schemes (Investment and Disclosure) (Amendment and Modification) Regulations 2018 (S.I. 2018/988), regs. 1(2)(c), 3 (as amended by Pension Schemes Act 2021 (c. 1), s. 126(2), 131(1); S.I. 2021/620, reg. 2(2)(c))

[^key-769ad4c874f66b0f193d23b6d3911627]: Words in reg. 1(2) inserted (19.8.2005) by The Occupational Pension Schemes (Miscellaneous Amendments) Regulations 2005 (S.I. 2005/2113), regs. 1(1), 4(1)(2)(c)

[^key-78e8271878adecfdeecbb30f5312b75c]: Reg. 40(1) substituted (24.1.2013) by The Pension Protection Fund (Miscellaneous Amendments) (No. 2) Regulations 2012 (S.I. 2012/3083), regs. 1(2)(b), 2(11) (with regs. 9(2), 10)

[^key-7ac4998ce4f9196ee6e92b18f36c0a94]: Reg. 3(2)(d) substituted (1.4.2005) by The Occupational Pension Schemes and Pension Protection Fund (Amendment) Regulations 2005 (S.I. 2005/993), regs. 1(1), 5(3)(a)

[^key-83dc07c30e03f14bc13499e07c20eec2]: Reg. 49(d) substituted (1.4.2005) by The Occupational Pension Schemes and Pension Protection Fund (Amendment) Regulations 2005 (S.I. 2005/993), regs. 1(1), 5(6)(c)

[^key-8d99000345fe44f653ecec3b6339d653]: Reg. 32(d) substituted (1.4.2005) by The Occupational Pension Schemes and Pension Protection Fund (Amendment) Regulations 2005 (S.I. 2005/993), regs. 1(1), 5(5)(c)

[^key-8e2ca4977b72468cf15a9b3137dada2d]: Reg. 23(1A) inserted (24.1.2013) by The Pension Protection Fund (Miscellaneous Amendments) (No. 2) Regulations 2012 (S.I. 2012/3083), regs. 1(2)(b), 2(6)(b) (with regs. 9(2), 10)

[^key-90d9ad48b5e6a2d993c9818f85f6ac76]: Words in reg. 46(4)(b) substituted (1.4.2005) by The Occupational Pension Schemes and Pension Protection Fund (Amendment) Regulations 2005 (S.I. 2005/993), regs. 1(1), 5(6)(a)(ii)

[^key-93a82723da9e54df42db57643c25b192]: Reg. 58(1)(ba)(bb) inserted (24.1.2013) by The Pension Protection Fund (Miscellaneous Amendments) (No. 2) Regulations 2012 (S.I. 2012/3083), regs. 1(2)(b), 2(19) (with regs. 9(2), 10)

[^key-95240f993b35d96bda8b1bb2e53f04ab]: Reg. 5(2)(d) substituted (1.4.2005) by The Occupational Pension Schemes and Pension Protection Fund (Amendment) Regulations 2005 (S.I. 2005/993), regs. 1(1), 5(3)(b)

[^key-97a22e4676928fe9b2bb26f11d4d8bd8]: Reg. 54(1)(ba)-(bd) inserted (24.1.2013) by The Pension Protection Fund (Miscellaneous Amendments) (No. 2) Regulations 2012 (S.I. 2012/3083), regs. 1(2)(b), 2(16)(b) (with regs. 9(2), 10)

[^key-982f999ed0b3d9da1f6e7d1346d3f26e]: Reg. 25(7) inserted (24.1.2013) by The Pension Protection Fund (Miscellaneous Amendments) (No. 2) Regulations 2012 (S.I. 2012/3083), regs. 1(2)(b), 2(7) (with regs. 9(2), 10)

[^key-9918be2ac1b1bab42d469abecc8286f9]: Reg. 38(1)(b) substituted (24.1.2013) by The Pension Protection Fund (Miscellaneous Amendments) (No. 2) Regulations 2012 (S.I. 2012/3083), regs. 1(2)(b), 2(10)(a) (with regs. 9(2), 10)

[^key-9c98d087bb88738a4b84fda2adc89f24]: Reg. 8(1) substituted (24.1.2013) by The Pension Protection Fund (Miscellaneous Amendments) (No. 2) Regulations 2012 (S.I. 2012/3083), regs. 1(2)(b), 2(3)(a) (with regs. 9(2), 10)

[^key-9e53f8645da4bed69cce92943d438c02]: Reg. 41(2)(aa) inserted (24.1.2013) by The Pension Protection Fund (Miscellaneous Amendments) (No. 2) Regulations 2012 (S.I. 2012/3083), regs. 1(2)(b), 2(12)(a) (with regs. 9(2), 10)

[^key-a73083853fbbf19599a6bf83dd28511f]: Reg. 56(1) substituted (24.1.2013) by The Pension Protection Fund (Miscellaneous Amendments) (No. 2) Regulations 2012 (S.I. 2012/3083), regs. 1(2)(b), 2(17) (with regs. 9(2), 10)

[^key-aea0fec48bbc616666b1bf9a3cd3e9cb]: Reg. 57(6) inserted (24.1.2013) by The Pension Protection Fund (Miscellaneous Amendments) (No. 2) Regulations 2012 (S.I. 2012/3083), regs. 1(2)(b), 2(18)(b) (with regs. 9(2), 10)

[^key-b8855de7a618e073f3b9b833ff087b18]: Reg. 37A inserted (24.1.2013) by The Pension Protection Fund (Miscellaneous Amendments) (No. 2) Regulations 2012 (S.I. 2012/3083), regs. 1(2)(b), 2(9) (with regs. 9(2), 10)

[^key-ba0f4fbe06cb0b7708e502170827df83]: Reg. 54(1)(ca)(cb) inserted (24.1.2013) by The Pension Protection Fund (Miscellaneous Amendments) (No. 2) Regulations 2012 (S.I. 2012/3083), regs. 1(2)(b), 2(16)(d) (with regs. 9(2), 10)

[^key-ba6fcbace5c5c9571a36b1077ef10588]: Reg. 38(3)(a) substituted (24.1.2013) by The Pension Protection Fund (Miscellaneous Amendments) (No. 2) Regulations 2012 (S.I. 2012/3083), regs. 1(2)(b), 2(10)(g) (with regs. 9(2), 10)

[^key-bc68541d5af20aa2a4932865a4747990]: Reg. 54(1)(b) substituted (24.1.2013) by The Pension Protection Fund (Miscellaneous Amendments) (No. 2) Regulations 2012 (S.I. 2012/3083), regs. 1(2)(b), 2(16)(a) (with regs. 9(2), 10)

[^key-bf200dfbe848dc3f2f7b62023b12e519]: Words in reg. 40(2)(b) substituted (1.4.2005) by The Occupational Pension Schemes and Pension Protection Fund (Amendment) Regulations 2005 (S.I. 2005/993), regs. 1(1), 5(5)(g)(ii)

[^key-c2b86557818e36f3ff089f8a281111c6]: Words in reg. 1(2) inserted (19.8.2005) by The Occupational Pension Schemes (Miscellaneous Amendments) Regulations 2005 (S.I. 2005/2113), regs. 1(1), 10(2)(a)

[^key-c2d9f73294d15673645e309e8e918c8e]: Reg. 38(1)(d)(ia) inserted (24.1.2013) by The Pension Protection Fund (Miscellaneous Amendments) (No. 2) Regulations 2012 (S.I. 2012/3083), regs. 1(2)(b), 2(10)(e) (with regs. 9(2), 10)

[^key-c86bfc95ee568499e80af011875d6847]: Reg. 8(1A) inserted (24.1.2013) by The Pension Protection Fund (Miscellaneous Amendments) (No. 2) Regulations 2012 (S.I. 2012/3083), regs. 1(2)(b), 2(3)(b) (with regs. 9(2), 10)