Part I

Occupational pensions

Supervision by the Authority

Powers to wind up public service schemes.
12
1
The appropriate authority may by order direct a public service pension scheme to be wound up if they are satisfied that—
a
the scheme, or any part of it, ought to be replaced by a different scheme, or
b
the scheme is no longer required.
2
Subsection (2) of section 11 applies for the purposes of this section as it applies for the purposes of that, but as if references to the Authority were to the appropriate authority.
3
In this section “the appropriate authority”, in relation to a scheme, means such Minister of the Crown or government department as may be designated by the Treasury as having responsibility for the particular scheme.
4
An order under this section must include such directions with respect to the manner and timing of the winding up as that authority think appropriate.
5
Such an order may, as that authority think appropriate, adapt, amend or repeal any enactment in which the scheme is contained or under which it is made.
Pt. I modified (6.4.1997) by The Personal and Occupational Pension Schemes (Miscellaneous Amendments) Regulations 1997 (S.I. 1997/786), regs. 1, 2
Pt. I applied (with modifications) (6.4.1997) by The Personal and Occupational Pension Schemes (Miscellaneous Amendments) Regulations 1997 (S.I. 1997/786), reg. 2
S. 12 in force at 6.4.1997 by S.I. 1997/664, art. 2(3), Sch. Pt. 3
Pt. I: Pensions Act 2004 (c.35), Pt. 3 construed as one with Pt. I of this Act (4.12.2005 for specified purposes, 30.12.2005 in so far as not already in force) by Pensions Act 2004 (c. 35), ss. 233, 322(1) (with s. 313); S.I. 2005/3331, art. 2(1)(a)(b), Sch. Pt. 1