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The Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations (Northern Ireland) 1996

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Exceptions from member-nominated trustee requirements

4.—(1) Article 16 (requirement for member-nominated trustees) does not apply to any trust scheme—

(a)each trustee of which is a company;

(b)which is a relevant scheme in relation to a company in respect of which alternative arrangements under Article 19(1) are for the time being approved;

(c)which has less than 2 members;

(d)the only benefits provided by which are death benefits;

(e)to which section 115 of the Pension Schemes (Northern Ireland) Act 1993(1) (requirement for independent trustee where employer becomes insolvent, etc.) or Article 22 (circumstances for application of requirement for an independent trustee) applies;

(f)which is an occupational pension scheme which provides relevant benefits, but is neither an approved scheme nor a relevant statutory scheme;

(g)which is a relevant self-administered scheme;

(h)which is a relevant approved centralised scheme;

(i)which is a direct payment, paid-up insured scheme;

(j)which is a former old code scheme;

(k)which is a section 615(6) scheme, or

(l)which is established under Part II of the Ministerial Salaries and Members' Pensions Act (Northern Ireland) 1965(2) or Article 3 of the Assembly Pensions (Northern Ireland) Order 1976(3).

(2) Where Article 18(8) or regulation 5(2) treats 2 or more schemes as if they were a single scheme (or Article 18(8) would do so apart from regulation 6(1)(a)), a scheme shall only be treated as falling within paragraph (1)(a) if each trustee of each of those schemes is a company.

(2)

1965 c. 18 (N.I.); Part II was amended by the Members' Pensions (Northern Ireland) Order 1976 (S.I. 1976/426 (N.I. 8)). See also section 33(1) of the Northern Ireland Constitution Act 1973 (c. 36)

(3)

S.I. 1976/1779

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