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

1.—(1) In their application to any scheme which applies to earners in employments under different employers or, as the case may be, to a company which is the trustee of a relevant scheme which so applies, sections 16 to 21 have effect with the following modifications— E+W+S

(a) in sections 16(6), 17(1)(a), (5), 18(6) and 19(1)(a) and (5) for the word “employer" substitute the words “ appropriate person ”;

(b) in sections 17(2)(b) and 19(2)(b) for the word “employer’s" substitute the words “ appropriate person’s ”;

(c) in section 18(1) for the words “the employer" substitute the words “ any of the employers ”;

(d) in section 18(8) for paragraphs (a) and (b) substitute the words “a trustee of two or more trust schemes by virtue of the trusteeship of which this section applies to it, then, subject to subsection (9)";

[F1 (e) after section 18(8) insert—

“(9) Where, apart from this subsection, subsection (8) would apply in relation to a company, the company may determine that one or more of the provisions mentioned in that subsection shall not apply as mentioned in that subsection or shall so apply only in relation to some of the schemes to which they would otherwise apply.”];

(f) in section 20(5) for the words “the employer" and “the employer’s" substitute respectively the words “ any employer ” and “ all the employers ”;

[F2 (g) in section 21 at the end add—

“(9) In sections 16 to 19 “appropriate person” means—

(a) in a case where any employers have notified the trustees in writing that they wish to be consulted as to the nomination of the appropriate person, the person nominated by those employers to act for the employers for the purposes of this subsection, and

(b) otherwise, the person nominated by the trustees so to act.”].

(2) In their application to any such scheme or, as the case may be, company—

(a) the definitions of “alternative arrangements" and “opt-out failure date" in regulation 2, regulations 7(2)(d), 9, 10(2)(b)(i), 13(2)(d), 15, 16(2)(b)(i), 20(1), (3), (4) and (5), 22(3), paragraph 9(3) of Schedule 1 and Schedule 4 apply with the substitution for references to the employer of references to the appropriate person (as defined in section 21(9), as inserted by sub-paragraph (1));

[F3 (aa) the definition of “relevant wholly insured scheme” in regulation 2(1) applies with the substitution in paragraph (b) for the word “the employer” of the words “any of the employers”;] and

(b) paragraph 1(3) of Schedule 2 applies—

(i) with the substitution in paragraph (a) for the words “the employer" of the words “ all the employers ”, and

(ii) with the substitution for paragraph (b) of—

“(b) none of the employers requires his approval to be obtained”.

Textual Amendments

F1 Sch. 3 para. 1(1)(e) substituted (6.4.1997) by The Personal and Occupational Pension Schemes (Miscellaneous Amendments) Regulations 1997 (S.I. 1997/786), reg. 1, Sch. 1 para. 5(14)(a) (with Sch. 1 para. 5(15))

F2 Sch. 3 para. 1(1)(g) substituted (6.4.1997) by The Personal and Occupational Pension Schemes (Miscellaneous Amendments) Regulations 1997 (S.I. 1997/786), reg. 1, Sch. 1 para. 5(14)(b) (with Sch. 1 para. 5(15))

F3 Sch. 3 para. 1(2)(aa) inserted (6.4.1997) by The Personal and Occupational Pension Schemes (Miscellaneous Amendments) Regulations 1997 (S.I. 1997/786), reg. 1, Sch. 1 para. 5(14)(c) (with Sch. 1 para. 5(15))