The Occupational Pension Schemes (Modification of Schemes) Regulations (Northern Ireland) 1997

Circumstances where consent to the exercise of a power to modify shall be treated as given

5.  Where a power to which Article 67 applies may not (apart from that Article) be exercised without the consent of any person, such consent may be treated as given where—

(a) the trustees have sent written notification (“the first notification”) to the member’s last known address of the proposed exercise of the power to modify the scheme;

(b) a further written notification (“the second notification”) was sent by the trustees at least 2 months after the date the first notification was sent; and

(c) no response was received from the member in respect of the first notification or the second notification before the end of a period of one month from the date the second notification was sent.