C1C2C3C4Part III Certification of Pension Schemes and Effects on Members’ State Scheme Rights and Duties

Annotations:
Modifications etc. (not altering text)
C2

Pt. III: power to modify conferred (1.6.1996 for specified purposes, 6.4.1997 in so far as not already in force) by Pensions Act 1995 (c. 26), ss. 149(1), 180(1); S.I. 1996/778, art. 2(6); S.I. 1997/664, art. 2(3), Sch. Pt. 2

Chapter III Termination of contracted-out or appropriate scheme status: state scheme premiums

Supervision of formerly certified schemes

I1C552 Supervision of schemes which have ceased to be certified.

1

Section 53 shall apply for the purpose of making provision for securing the continued supervision of F11salary related occupational pension schemes as respects which subsection (2) applies F12...

2

This subsection applies as respects any F13salary related occupational pension scheme, other than a public service pension scheme, where—

F2a

the scheme has ceased to be a contracted-out scheme, and

b

any persons remain who fall within any of the following categories.

F32A

Those categories are—

a

any persons entitled to receive, or having accrued rights to—

i

guaranteed minimum pensions, or

ii

pensions under the scheme attributable to service on or after the principal appointed day but before the scheme ceased to be contracted-out,

F14b

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F10c

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F153

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F44

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F45

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F46

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I1C653 Supervision: former contracted-out schemes.

F51

The F8Inland Revenue may direct the trustees or managers of the scheme, or the employer, to take or refrain from taking such steps as the F8Inland Revenue may specify in writing; and such a direction shall be final and binding on the person directed and any person claiming under him.

1A

An appeal on a point of law shall lie to the High Court or, in Scotland, the Court of Session from a direction under subsection (1) at the instance of the trustees or managers or the employer, or any person claiming under them.

1B

A direction under subsection (1) shall be enforceable—

a

in England and Wales, in a county court as if it were an order of that court, and

b

in Scotland, by the sheriff, as if it were an order of the sheriff and whether or not the sheriff could himself have given such an order

F91C

But where a direction under subsection (1) conflicts with a freezing order made by the Regulatory Authority under section 23 of the Pensions Act 2004 in relation to the scheme then, during the period for which the freezing order has effect, the direction to the extent that it conflicts with the freezing order—

a

is not binding as described in subsection (1), and

b

is not enforceable as described in subsection (1B).

F62

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F13

If a certificate has been issued under subsection (2) of section 50 and has not been cancelled under subsection (3) of that section, any liabilities in respect of such entitlement or rights as are referred to in section 52(2A)(a) F16... must, except in prescribed circumstances, be discharged (subject to any directions under subsection (1)) in a prescribed manner and within a prescribed period or such longer period as the F8Inland Revenue may allow.

F74

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F75

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F1754 Supervision: former appropriate personal pension schemes.

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