Pensions Act 1995

17 Exceptions

(1) Section 16 does not apply to a trust scheme if—

(a) a proposal has been made by the employer for the continuation of existing arrangements, or the adoption of new arrangements, for selecting the trustees of the scheme,

(b) the arrangements referred to in the proposal are for the time being approved under the statutory consultation procedure, and

(c) such other requirements as may be prescribed are satisfied.

(2) Where—

(a) by virtue of subsection (1), section 16 does not apply to a trust scheme, and

(b) the employer’s proposal was for the adoption of new arrangements which, in consequence of subsection (1)(b), are adopted,

the trustees shall secure that the proposed arrangements are made and implemented.

(3) For the purposes of this section, the arrangements for selecting the trustees of a scheme include all matters relating to the continuation in office of the existing trustees, the selection or appointment of new trustees and the terms of their appointments and any special rules for decisions to be made by particular trustees.

(4) Section 16 does not apply to a trust scheme if—

(a) the trustees of the scheme consist of all the members, or

(b) it falls within a prescribed class.

(5) Section 10 applies to any employer who—

(a) makes such a proposal as is referred to in subsection (1)(a), but

(b) fails to give effect to the statutory consultation procedure.