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The Occupational Pension Schemes (Investment) Regulations 1996

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Multi-employer schemes: modification of section 35 of the 1995 Act

11.—(1) In the application of section 35 of the 1995 Act to a scheme in relation to which there is more than one employer, the requirement imposed by paragraph (b) of subsection (5)—

(a)where a person has been nominated by all the employers to act as their representative for the purposes of that paragraph, is to consult that person;

(b)where no person has been so nominated but the employers have not all notified the trustees that they need not be consulted, is (subject to sub-paragraph (2)) to consult all the employers; and

(c)where no person has been so nominated and the employers have all notified the trustees that they need not be consulted, does not apply.

(2) Where the trustees specify a reasonable period (not being less than twenty eight days) within which they must receive representations from the employers, sub-paragraph (1)(b) does not require them to consider any representations received after the end of that period.

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