Application of the Regulations
3.—(1) Subject to paragraph (2), these Regulations shall apply in respect of an individual who is or has been eligible to be an active member of the Scheme but who—
(a)opted out of membership of the Scheme; or
(b)elected not to become a member of the Scheme,
and who has instead made contributions to a personal pension scheme.
(2) These Regulations shall apply to the individual referred to in paragraph (1) only where a question arises as to whether or not he has suffered loss as a result of a contravention which is actionable under section 62 of the Financial Services Act (actions for damages in respect of contravention of rules etc.).