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12.—(1) If an occupational pension scheme (other than a scheme to which paragraph (3) applies) is subject to the regulatory own funds requirement the scheme’s annual report, relevant accounts and annual actuarial valuation must—
(a)include a statement that the regulatory own funds requirement applies to the scheme;
(b)include the effective date from which the requirement applies;
(c)show the amount of the regulatory own funds requirement calculated as at the date of the scheme’s last actuarial valuation; and
(d)show the amount of additional assets held by the scheme to cover the requirement.
(2) In this regulation the effective date is the date by reference to which the regulatory own funds requirement applies to a scheme.
(3) If compliance with regulation 3(1) is postponed in accordance with regulation 10(1), the scheme’s annual reports, relevant accounts and annual actuarial valuation must include a statement that compliance with the regulatory own funds requirement is postponed until 22nd September 2010.
(4) Where any requirement of this regulation is not complied with, section 10(3) to (9) of the 1995 Act applies to a trustee or manager if he fails to take all reasonable steps to ensure compliance, as if this regulation was made under Part 1 of that Act.
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