SCHEDULES

C1C2SCHEDULE 11 Pensions

Annotations:
Modifications etc. (not altering text)
C1

Sch. 11 modifed (8.6.2005 for certain purposes and 24.7.2005 in so far as not already in force) by Railways Act 2005 (c. 14), ss. 1, 12, 60, Sch. 2 para. 9(1)(c); S.I. 2005/1444, art. 2(1), Sch. 1; S.I. 2005/1909, art. 2, Sch.

C2

Sch. 11: power to modify conferred (8.6.2005) by virtue of Railways Act 2005 (c. 14), ss. 1(8)(b), 60; S.I. 2005/1444, art. 2(1), Sch. 1

Amendment of existing schemes

3

1

The Secretary of State may by order amend—

a

the trust deed of any existing scheme;

b

the rules of any such scheme; or

c

any other instrument relating to the constitution, management or operation of any such scheme;

and any reference in this Schedule to amending an existing scheme accordingly includes a reference to amending any such trust deed, rules or other instrument.

2

Without prejudice to the generality of sub-paragraph (1) above, an order under this paragraph may, in particular, amend an existing scheme so as to alter any provision, or so as to make provision, with respect to any of the matters specified in paragraphs (a) to (f) of paragraph 2(2) above.

3

An order under this paragraph shall not make any amendment to a scheme—

F1a

which would prejudice registration of that scheme for the purposes of Part 4 of the Finance Act 2004 (pension schemes etc);

b

which would prevent the scheme from being a contracted-out scheme for the purposes of Part III of the M1Pension Schemes Act 1993 or Part III of the M2Pension Schemes (Northern Ireland) Act 1993;

c

which would to any extent deprive a member of the scheme of pension rights which accrued to him under the scheme before the coming into force of the amendment; or

d

which would provide for persons who are not eligible persons to become members of the scheme.

4

The Secretary of State shall not make an order under this paragraph except F2with the consent of the trustees of the occupational pension scheme to which the order relates.