The Occupational Pension Schemes (Independent Trustee) Regulations (Northern Ireland) 1997

Multi-employer schemes

3.—(1) Articles 22 to 26 are modified as described in this regulation in their application to any trust scheme in relation to which there is more than one employer (“a multi-employer scheme”).

(2) Article 22 applies in relation to a multi-employer scheme only if—

(a) an employer in relation to whom an insolvency practitioner has begun to act, or the official receiver has become liquidator or provisional liquidator, or of whose estate the official receiver has become receiver and manager, or trustee—

(i) has, or has had at any time since the day which fell 3 years before Article 22 started to apply in relation to the scheme, power to appoint or to remove any trustee, or any director of a company which is a trustee, of the scheme; or

(ii) is a trustee of the scheme; and

(b) either—

(i) no other employer is a trustee of the scheme or has power to appoint or to remove any trustee, or any director of a company which is a trustee, of the scheme; or

(ii) another employer is a trustee or has such power, but he is an employer in relation to whom an insolvency practitioner has begun to act or the official receiver has become liquidator or provisional liquidator or of whose estate the official receiver has become receiver and manager, or trustee.

(3) Where Article 22 applies in relation to a multi-employer scheme, references to the employer in that Article and in Articles 23 to 25 are to be treated as references to each employer referred to in paragraph (2)(a).

(4) Where Article 22 applies in relation to a multi-employer scheme, it shall not cease to do so by virtue of paragraph (2)(a) of that Article unless the power to appoint or to remove any trustee of the scheme is transferred to the new employer or to any person who is independent for the purposes of Article 23(1).