PART IIOccupational Pensions

Supervision by the Authority

Appointment of trustees7

1

Where a trustee of a trust scheme is removed by an order under Article 3, or a trustee of such a scheme ceases to be a trustee by reason of his disqualification, the Authority may by order appoint another trustee in his place.

2

Where a trustee appointed under paragraph (1) is appointed to replace a trustee appointed under Article 23(1)(b), Articles 22 to 26 shall apply to the replacement trustee as they apply to a trustee appointed under Article 23(1)(b).

3

The Authority may also by order appoint a trustee of a trust scheme where they are satisfied that it is necessary to do so in order—

a

to secure that the trustees as a whole have, or exercise, the necessary knowledge and skill for the proper administration of the scheme,

b

to secure that the number of trustees is sufficient for the proper administration of the scheme, or

c

to secure the proper use or application of the assets of the scheme.

4

The Authority may also appoint a trustee of a trust scheme in prescribed circumstances.

5

The power to appoint a trustee by an order under this Article includes power by such an order—

a

to determine the appropriate number of trustees for the proper administration of the scheme,

b

to require a trustee appointed by the order to be paid fees and expenses out of the scheme’s resources,

c

to provide for the removal or replacement of such a trustee.

6

Regulations may make provision about the descriptions of persons who may or may not be appointed trustees under this Article.