Section 149: Circumstances in which Board ceases to be involved with an eligible scheme
499.This section stipulates that the Board ceases to be involved with a scheme on the occurrence of the first withdrawal event after the beginning of the assessment period, thus bringing the assessment period to an end. Where a withdrawal notice is issued, the issue does not count as a withdrawal event until the notice has become binding, i.e. until appeal rights against its issue have been exhausted and any appeals have been resolved.
500.Subsection (2) lists withdrawal events in relation to an eligible scheme as follows:
a notice under section 122(2)(b), that a scheme rescue has occurred, becoming binding (this includes a notice issued by the Board by virtue of section 124);
a notice under section 130, that a scheme rescue has occurred, becoming binding;
a notice is refused under section 146 or 147 to assume responsibility becoming binding; and
a notice of withdrawal given under section 148 becoming binding.
501.Subsections (3) to (5) deal with cases where an event occurs during the period between a withdrawal notice being issued and it becoming binding, which, had the notice already been binding when the event occurred, would have been a qualifying insolvency event (or the equivalent event under section 128). This ensures that the event triggers a new assessment period once the withdrawal notice becomes binding.
502.Subsection (6) explains that for the purpose of Chapter 3 a withdrawal event in respect of a withdrawal notice is a possibility until each of the following are no longer reviewable:
any withdrawal notice issued;
any failure to issue a withdrawal notice;
any other notice issued by the Board under Chapter 2 or 3 which is relevant to the issue of a withdrawal notice or to a withdrawal notice becoming binding;
any failure to issue such a notice.
