Part VIIIRelationship between requirements and scheme rules
133Advice of the Board as to conformity of schemes with requirements
1
The Board may at any time, and shall if requested by the persons responsible under section 132 for taking steps to bring a scheme into conformity with the preservation requirements, the equal access requirements or the voluntary contributions requirements, advise whether the rules of a scheme to which those requirements apply do or do not in the Board’s opinion conform with any of those requirements.
2
Where the Board advise that the rules do not conform, they shall indicate what steps they consider should be taken with a view to securing conformity.
3
The Board may at any time, and shall if requested by the trustees or managers of a scheme, advise on any question whether—
a
any provision mentioned in subsection (4) does or does not override any provision of a scheme;
b
any benefit is a money purchase benefit, or an average salary benefit or a flat rate benefit (within the meaning of section 84).
4
The provisions referred to in subsection (3)(a) are any provision of Chapter II, III or IV of Part IV, section 110(1) or regulations under section 113 or 114.