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

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Cessation of application of requirements

12.—(1) Subject to any provision of a trust scheme, the fact that Article 16 has ceased to apply to the scheme shall not terminate the trusteeship of any member-nominated trustee of the scheme but, if he is a member of the scheme, he shall cease to be a trustee if he ceases to be a member.

(2) Where, at the time when Article 22 (circumstances for application of requirement for an independent trustee) first applies to a scheme, one or more of the scheme’s trustees are member-nominated trustees, then—

(a)the period of office of any such trustee shall not expire on the date on which it would otherwise have done so but, if he is a member, it shall expire if he ceases to be one, and

(b)if any such trustee ceases to be a trustee, the vacancy may be filled by a trustee appointed by a person who is an independent trustee for the purposes of Article 23(1) (conditions for independence of a trustee in cases of insolvency etc.).

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