PART VINON-SEGREGATED SCHEMES: SCHEMES WITHOUT PROVISION FOR PARTIAL WIND UP ON WITHDRAWAL OF A PARTICIPATING EMPLOYER
Applications and notifications65
1
Article 113 (applications and notifications for the purposes of Article 112) shall be modified so that it shall be read as if, in its application to a non-segregated scheme to which –
a
paragraph (1) of regulation 61 applies –
i
for paragraph (1) there were substituted the following paragraph –
1
Where the trustees or managers of a non-segregated scheme which is, for the purposes of this Part, an eligible scheme become aware that –
a
more than one of the employers in relation to the scheme is unlikely to continue as a going concern at a time when those employers are the only employers in relation to the scheme, and
b
the prescribed requirements are met in relation to those employers,
they must make an application to the Board for it to assume responsibility for the scheme under Article 112.
ii
after paragraph (1) there were inserted the following paragraph –
1A
Where the trustees or managers of a non-segregated scheme make an application to the Board under paragraph (1), they must issue a notice to that effect as soon as practicable to all the employers in relation to the scheme.
iii
after paragraph (5) there were inserted the following paragraph –
5A
Where the trustees or managers of a non-segregated scheme receive a copy of a notice from the Board under paragraph (5), they must send a copy of that notice as soon as practicable to all the employers in relation to the scheme.
b
paragraph (2) of regulation 61 applies –
i
for paragraph (1) there were substituted the following paragraph –
1
Where the trustees or managers of a non-segregated scheme which is, for the purposes of this Part, an eligible scheme become aware that –
a
one or more of the employers in relation to the scheme is unlikely to continue as a going concern at a time when an insolvency event has also occurred in relation to all other employers in relation to the scheme and, where applicable, an insolvency practitioner is still required by law to act in relation to each of those employers, and
b
the prescribed requirements are met in relation to those employers,
they must make an application to the Board for it to assume responsibility for the scheme under Article 112.
ii
after paragraph (1) there were inserted the following paragraph –
1A
Where the trustees or managers of a non-segregated scheme make an application to the Board under paragraph (1), they must issue a notice to that effect as soon as practicable to all the employers in relation to the scheme.
iii
in paragraph (4)(a) and (b) for “the employer” there were substituted “an employer”, and
iv
after paragraph (5) there were inserted the following paragraph –
5A
Where the trustees or managers of a non-segregated scheme receive a copy of a notice from the Board under paragraph (5), they must send a copy of that notice as soon as practicable to all the employers in relation to the scheme.
2
Article 114 (Board’s duty where application or notification received under Article 113) shall be modified so that it shall be read as if, in its application to a non-segregated scheme to which paragraph (1) or (2) of regulation 61 applies –
a
after paragraph (4) there were inserted the following paragraph –
4A
Where the trustees or managers of a non-segregated scheme receive a copy of notice from the Board under paragraph (4), they must send a copy of that notice as soon as practicable to all the employers in relation to the scheme.
b
after paragraph (7) there were inserted the following paragraph –
7A
Where the trustees or managers of a non-segregated scheme receive a notice from the Board under paragraph (7) together with a copy of the binding notice, they must send a copy of the notice and the binding notice as soon as practicable to all the employers in relation to the scheme.