Part II Member-nominated Trustees

Proposals by employers for alternative arrangements

10 Time limits for making alternative arrangements under Article 17
1 Where, by virtue of Article 17(1) (alternative arrangements for selecting trustees), Article 16 does not apply to a trust scheme, the trustees must secure that the alternative arrangements are made no later than is necessary to secure that trustees can be selected immediately in pursuance of the arrangements to fill any vacancy arising after the appropriate time.
2 In paragraph (1), “the appropriate time” means—
(a) in a case where, immediately before the approval of the alternative arrangements, Article 16 applied to the scheme, the expiry of the period of 6 months beginning with the date on which the alternative arrangements are approved;
(b) in a case where, immediately before the approval of the alternative arrangements, Article 16 did not apply to the scheme—
(i) if the approval is for the continuation of existing alternative arrangements, the date on which the employer gives notice to the trustees under regulation 9(1)(b)(ii) in respect of the approval of the arrangements, and
(ii) otherwise, the expiry of the period of 6 months beginning with that date.