9.—(1) This paragraph applies to any member who is a controlling director, as defined in paragraph 5(5) of Schedule 23 to the Taxes Act.
(2) Regulation 23(1)(a) does not apply to a controlling director.
(3) For determining whether a controlling director who is a Class A member has retained rights, “approved scheme” includes –
(a)a retirement annuity contract or trust scheme approved under Chapter III of Part XIV of the Taxes Act; or
(b)any personal pension scheme approved under Chapter IV of that Part,
so far as it provides benefits secured by contributions in respect of his service with his Scheme employer or an associated employer.
(4) An employer is associated with another if one is controlled by the other or both are controlled by a third party; and control must be construed in accordance with section 840 of the Taxes Act or, in the case of a close company (as defined in section 416 of that Act) in accordance with that section 416.
(5) Paragraph 1(3)(a) and 1(4) do not apply to controlling directors.
(6) Final remuneration shall be ascertained in accordance with paragraph 1(6)(b) and paragraph 1(6)(a) shall not apply.