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

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Statement as to approval procedure

6.—(1) The notice must state that the proposed appropriate rules or, as the case may be, alternative arrangements must be approved by the eligible members and either—

(a)that those members are being given a period within which they may object to the proposer about the proposed rules or arrangements and will be balloted only in the circumstances mentioned in paragraph 9(1)(b), or

(b)that those members will be balloted directly in accordance with paragraph 9(1)(a).

(2) If sub-paragraph (1)(a) applies the notice must summarise the effect of paragraphs 8 and 9 and specify—

(a)the manner in which objections may be made;

(b)the objection period (being a period of not less than one month beginning with the date on which the notice is given), and

(c)if that period will end before the end of the first scheme year, the number of eligible members for the purposes of paragraph 8(2)(b).

(3) If the eligible members are to be balloted directly in accordance with paragraph 9(1)(a), the notice must—

(a)summarise the effect of paragraph 9;

(b)specify the procedure to be used for the ballot (including whether it is to be conducted so as to secure that those voting do so in secret), and

(c)the last date on which votes may be cast, being a date not less than one month after the date on which the notice is given.

7.  In the case where the trustees have made a determination under Article 21(7)(a)(ii) (by virtue of which the trustees may determine that the eligible members include such deferred members as they determine), the notice must specify the effect of that determination.

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