6. For the purposes of—
(a)any payment to the employer out of funds held for the purposes of a scheme where an application to modify the scheme rules for the purposes of making that payment has been made in accordance with the Occupational Pension Schemes (Modification) Regulations 1990 M1 before the principal appointed day; or
(b)any distribution of excess assets to the employer in relation to a scheme which begins to be wound up before the principal appointed day,
section 108 of the 1993 Act (no payments to employers from non-complying schemes) shall continue to have effect as if this Order had not come into force.
Marginal Citations
M1S.I. 1990 No. 2021; the relevant amending instruments are S.I. 1994/1062 and S.I. 1996/2156.