The Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations 1996

3.—(1) Where a company to which section 18 applies is the sole trustee of and sole employer in relation to the relevant scheme these regulations have effect with the following modifications. E+W+S

(2) In regulation 13(2) for paragraph (d) substitute—

“(d) if before the expiry of the period of six months beginning with the date mentioned in paragraph (a), (b) or (c) the company duly gives notice under paragraph 2 of Schedule 1 that it is proposing alternative arrangements, but the alternative arrangements are not approved, during the period of six months beginning with the date with which the approval period expires.”.

(3) In regulation 15—

(a) in paragraph (1)—

(i) in paragraph (a) for the words “to the company" onwards substitute the words “ under Schedule 1 at [F1 any] time to the eligible members of the scheme of its proposals for alternative arrangements under section 19(1) ”;

(ii) paragraph (b)(ii) and the word “and" immediately preceding it are omitted;

[F2 (b) paragraph (2) is omitted;

(c) for paragraph (3) substitute—

“(3) In paragraph (1) the “approval period”, in relation to alternative arrangements, means, the period of six months beginning with the date on which notice is given under Schedule 1.”;

(d) paragraph (4) is omitted.]

(4) In [F3 regulation 16(2)(a) and (b)(i)] for the words “the date" onwards substitute the words “ the date on which the arrangements are approved ”.

(5) In regulation 20—

[F4 (a) in paragraph (1)(f)—

(i) in paragraph (i) for the words “the date” onwards substitute the words “the date following the next date on which arrangements under that section are approved”; and

(ii) in paragraph (ii) for the words “the company” substitute the words “the eligible members of the scheme”;]

(b) in paragraph (1)(h), in paragraph (ii) for the words “the employer" substitute the words “ the eligible members ”, and for the words “with the opt-out failure date" substitute the words “ of the approval period ”;

(c) in paragraph (3), omit the words “to the employer and, in the case of rules,";

(d) in paragraph (5), omit paragraph (a).

(6) In regulation 23(3) omit the words “and the trustees of the scheme".

(7) In Schedule 4—

(a) in paragraphs 4(1) and 6 for the words “to a section 18 company" substitute the words “ to the eligible members of the scheme ”; and

(b) in paragraph 6(c) for the words “to the company" substitute the words “ to the eligible members ”.

Textual Amendments

F1 Words in Sch. 3 para. 3(3)(a)(i) substituted (6.10.2002) by The Occupational Pension Schemes (Member-nominated Trustees and Directors) Amendment Regulations 2002 (S.I. 2002/2327), regs. 1(1), 6(a)

F2 Sch. 3 para. 3(3)(b)(c)(d) substituted for Sch. 3 para. 3(3)(b)(c) (6.10.2002) by The Occupational Pension Schemes (Member-nominated Trustees and Directors) Amendment Regulations 2002 (S.I. 2002/2327), regs. 1(1), 6(b)

F3 Words in Sch. 3 para. 3(4) substituted (30.12.1999) by The Personal and Occupational Pension Schemes (Miscellaneous Amendments) Regulations 1999 (S.I. 1999/3198), regs. 1(1), 7(5)(b)

F4 Sch. 3 para. 3(5)(a) substituted (6.4.1997) by The Personal and Occupational Pension Schemes (Miscellaneous Amendments) Regulations 1997 (S.I. 1997/786), reg. 1, Sch. 1 para. 5(14)(e) (with Sch. 1 para. 5(15))