Introductory Text
PART I GENERAL PROVISIONS
Preliminary
1. Citation and commencement
2. General interpretation
3. Scheme membership
Application of sections 16 and 18
4. Exceptions from member-nominated trustee requirements
5. Extension of section 18
6. Exceptions from member-nominated director requirements
PART II MEMBER-NOMINATED TRUSTEES
Section 16 arrangements and rules
7. Implementation of requirements as to member-nominated trustees: general
8. Appropriate rules as to the selection and eligibility of member-nominated trustees
Proposals by employers for alternative arrangements
9. Proposals by the employer for alternative arrangements under section 17
10. Time limits for making alternative arrangements under section 17
Power of trustees to modify schemes by resolution
11. Modification of schemes affected by requirements
Cessation of application of requirements
12. Cessation of application of requirements
PART III MEMBER-NOMINATED DIRECTORS
Section 18 arrangements and rules
13. Implementation of requirements as to member-nominated directors: general
14. Appropriate rules as to the selection and eligibility of member-nominated directors
15. Proposals by the employer for alternative arrangements under section 19
16. Time limits for making alternative arrangements under section 19
17. Cessation of application of requirements
Aggregation of schemes
18. Aggregation of linked schemes
PART IV GENERAL AND SUPPLEMENTARY PROVISIONS
Modifications for special cases
19. Modifications
General provisions about rules and arrangements
20. Cessation of approval of appropriate rules and alternative arrangements
21. Appropriate rules in cases where insufficient nominations are received
Miscellaneous and supplementary
22. Records
23. Notices
24. Transitional provisions
Signature
SCHEDULE 1
THE STATUTORY CONSULTATION PROCEDURE
“The proposer"
1.In this Schedule— “the proposer" has the meaning given in...
Notice to be given by the proposer
2.The proposer must give each of the eligible members notice...
The appropriate general statement
3.(1) The notice must contain the appropriate general statement.
Notices concerning appropriate rules: requirement for general information about arrangements
4.(1) A notice in respect of proposals for appropriate rules...
Particulars of rules or arrangements proposed
5.(1) The notice must specify the appropriate rules or, as...
Statement as to approval procedure
6.(1) The notice must state that the proposed appropriate rules...
7.In a case where the trustees have made a determination...
Approval in absence of objections
8.(1) If the notice contains the statement mentioned in paragraph...
Approval by ballot
9.(1) This paragraph applies if— (a) the notice specifies that...
Immaterial omissions etc.
10.(1) This paragraph applies where— (a) the proposer of appropriate...
SCHEDULE 2
THE PRESCRIBED APPROPRIATE RULES
PART I MEMBER-NOMINATED TRUSTEES
Eligibility and procedure for nomination
1.(1) The trustees of the scheme shall invite nominations to...
Selection of nominees
2.(1) If the number of persons duly nominated to fill...
PART II MEMBER-NOMINATED DIRECTORS
3.The prescribed rules for the purposes of section 20(1)(b) in...
SCHEDULE 3
MODIFICATIONS OF PENSIONS ACT 1995 AND THESE REGULATIONS
Multi-employer schemes
1.(1) In their application to any scheme which applies to...
Cases where the employer is sole trustee
2.(1) Where a person who is not a company to...
Cases where a section 18 company is the employer
3.(1) Where a company to which section 18 applies is...
Schemes with few or no active members
4.(1) Subject to sub-paragraph (2), in the application of sections...
Shorter periods of office: casual vacancies etc.
5.(1) Section 16 has effect with the substitution for subsection...
Schemes requiring amendment: disapplication of s.591B of the Taxes Act
6.In its application to a scheme which requires to be...
Removal of member-nominated directors
7.In its application to a company which is not a...
Modifications of section 18: aggregation
8.(1) Where, apart from this paragraph, in its application to...
SCHEDULE 4
TRANSITIONAL PROVISIONS
1.In this Schedule— “the pre-commencement period" means the period beginning...
General disregard of action taken before commencement date
2.Except as provided in this Schedule, anything done before the...
Waiver of employer’s rights under sections 17 and 19
3.(1) If at any time during the pre-commencement period the...
4.(1) If at any time during the pre-commencement period the...
Pre-commencement period proposals by the employer
5.If during the pre-commencement period the employer gave notice in...
6.If during the pre-commencement period the employer gave notice in...
Pre-commencement period action
7.(1) Where such a notice as is mentioned in paragraph...
Scheme alterations, overriding provisions and records
8.(1) Where such a notice as is mentioned in paragraph...
Explanatory Note