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Income and Corporation Taxes Act 1988

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591 Discretionary approval.U.K.

(1)M1The Board may, if they think fit having regard to the facts of a particular case, and subject to such conditions, if any, as they think proper to attach to the approval, approve a retirement benefits scheme for the purposes of this Chapter notwithstanding that it does not satisfy one or more of the prescribed conditions; but this subsection has effect subject to subsection (5) below.

(2)M2The Board may in particular approve by virtue of this section a scheme—

(a)which exceeds the limits imposed by the prescribed conditions as respects benefits for less than 40 years; or

(b)which provides pensions for the widows [F1and widowers] of employees on death in service, or for the children or dependants of employees; or

[F2(ba)which provides pensions for the widows and widowers of ex-spouses dying before the age at which their pensions become payable and for the children or dependants of ex-spouses; or]

(c)which provides on death in service a lump sum of up to four times the employee’s final remuneration (exclusive of any refunds of contributions); or

(d)which allows benefits to be payable on retirement within ten years of the specified age, or on earlier incapacity; or

(e)which provides for the return in certain contingencies of employees’ contributions; or

(f)which relates to a trade or undertaking carried on only partly in the United Kingdom and by a person not resident in the United Kingdom; or

(g)which provides in certain contingencies for securing relevant benefits [F3 falling within subsection (2A) below] (but no other benefits) by means of an annuity contract F4. . . made with an insurance company of the employee’s choice; or

(h)to which the employer is not a contributor and which provides benefits additional to those provided by a scheme to which he is a contributor.

[F5(2A)Relevant benefits fall within this subsection if they correspond with benefits that could be provided by an approved scheme, and for this purpose—

(a)a hypothetical scheme (rather than any particular scheme) is to be taken, and

(b)benefits provided by a scheme directly (rather than by means of an annuity contract) are to be taken.]

[F6(3)In subsection (2)(g) above “insurance company” has the meaning given by section 659B.]

(4)M3In applying this section to a scheme which was in existence on 6th April 1980, the Board shall exercise their discretion, in such cases as appear to them to be appropriate, so as to preserve—

(a)benefits earned or rights arising out of service before 6th April 1980; and

(b)any rights to death-in-service benefits conferred by rules of the scheme in force on 26th February 1970.

(5)M4The Board shall not approve a scheme by virtue of this section if to do so would be inconsistent with regulations made [F7by the Board] for the purposes of this section.

(6)Regulations made [F7by the Board] for the purposes of this section may restrict the Board’s discretion to approve a scheme by reference to the benefits provided by the scheme, the investments held for the purposes of the scheme, the manner in which the scheme is administered or any other circumstances whatever.

Textual Amendments

F2S. 591(2)(ba) inserted (with application in accordance with Sch. 10 para 18(3)(4) of the amending Act) by Finance Act 1999 (c. 16), Sch. 10 para. 3(b); S.I. 2000/1093, art. 2

F3Words in s. 591(2)(g) inserted (with application in accordance with s. 107(4) of the amending Act) by Finance Act 1994 (c. 9), s. 107(2)(a)

F4Words in s. 591(2)(g) repealed (with application in accordance with s. 107(4) of the repealing Act) by Finance Act 1994 (c. 9), s. 107(2)(b), Sch. 26 Pt. 5(12), Note 2

F5S. 591A(2A) inserted (with application in accordance with s. 107(4) of the amending Act) by Finance Act 1994 (c. 9), s. 107(3)

F6S. 591(3) substituted (with application in accordance with s. 60(1) of the amending Act) by Finance Act 1995 (c. 4), s. 59(2)

F71988(F) s.146and Sch.13 para.6 (deemed always to have had effect).And see S.I. 1987 No.412 (in Part III Vol.5)regn.2— “The Pension Scheme Surpluses (Valuation)Regulations 1989”.

Modifications etc. (not altering text)

C1S. 591 restricted (5.8.1991) by S.I. 1991/1614, reg. 3

Marginal Citations

M1Source-1970(F) s.20(1); 1987 (No.2) Sch.3 3(2)

M2Source-1970(F) s.20(2); 1971 s.21(4); 1981 s.32; 1987 (No.2) Sch.3 3(3), (4)

M3Source-1970(F) s.20(3); 1987 Sch.15 3

M4Source-1970(F) s.20(4), (5); 1987 (No.2) Sch.3 3(5)

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