44.—(1) Article 38 (power to defer winding up) is amended as follows.
(2) In paragraph (2)—
(a)in sub-paragraph (a) after “scheme” insert “(other than those due to be paid before the determination is made)”, and
(b)in sub-paragraph (b) omit “new”.
(3) After paragraph (3) add—
“(4) This Article also does not apply in relation to a trust scheme where the trustees are required to wind up, or continue the winding up of, the scheme under Article 138(1) of the Pensions (Northern Ireland) Order 2005 (requirement to wind up certain schemes with sufficient assets to meet protected liabilities).”.