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(This note is not part of the Regulations)
These Regulations amend regulation 9 of the Financial Assistance Scheme Regulations 2005 (S.I. 2005/1986, as amended) (“the FAS Regulations”) which provide for payments to be made to, or in respect of, certain members or former members of certain occupational pension schemes where the liabilities of the scheme to those people are unlikely or unable to be satisfied in full.
The amendment provides for an exception to the condition in paragraph (1)(b) of that regulation which must be met in order for an occupational pension scheme to be a qualifying pension scheme for the purposes of the FAS Regulations.
Regulation 3 makes a consequential provision providing that a scheme which is a qualifying pension scheme for the purposes of the FAS Regulations as a result of these Regulations is not an eligible scheme for the purposes of the Pension Protection Fund and remains a qualifying pension scheme for the purposes of the financial assistance scheme where an event occurs which would be a qualifying insolvency event for the purposes of the Pension Protection Fund if it were an eligible scheme.
As these Regulations are made before the expiry of the period of six months beginning with the coming into force of the provision by virtue of which they are made, the requirement for the Secretary of State to consult such persons as he considers appropriate does not apply.
A full impact assessment has not been published for this instrument as it has only a negligible impact on the private or voluntary sectors.
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