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The Occupational Pension Schemes (Contracting-out) Amendment Regulations 1987

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Amendments to the principal Regulations

2.—(1) The principal Regulations shall be amended in accordance with the provisions of this regulation.

(2) In regulation 3 (notices by employers of intended elections for the issue of contracting-out certificates), for paragraph (4) there shall be substituted the following paragraph—

(4) A notice may specify a date of expiry—

(a)which is—

(i)earlier than the date 3 months after, but

(ii)not earlier than the date one month after,

that on which the notice is given; and

(b)which is assented to in writing by all independent trade unions (if any) recognised to any extent for the purpose of collective bargaining in relation to the earners concerned..

(3) In regulation 6 (information to be included in an election)—

(a)for paragraph (2)(b) there shall be substituted the following sub-paragraph—

(b)a statement by the employer that he has, in accordance with regulation 3(1), given the earners mentioned in regulation 3(1)(a) notice of the intention to make the election;; and

(b)in paragraph (2)(c) there shall be added at the end the words “and its date of expiry”.

(4) In regulation 10 (making of elections by employers for the variation or surrender of contracting-out certificates), for paragraph (3)(c) there shall be substituted the following sub-paragraph—

(c)specify the date of expiry of the notice, which shall be—

(i)at least 3 months after the date on which the notice is given, or

(ii)a shorter period, being at least one month after that date, if that shorter period is assented to in writing by all independent trade unions (if any) recognised to any extent for the purpose of collective bargaining in relation to the earners concerned;.

(5) In regulation 41 (conditions in connection with alteration of rules of contracted-out schemes)—

(a)in paragraph (4)(c), for the words “approved by the Board and assented to” there shall be substituted “it is a date not earlier than one month from the date of the giving of the notice and it is assented to in writing”; and

(b)paragraph (4)(d)(i) shall be omitted.

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