The Occupational Pension Schemes (Payments to Employer) Regulations 2006

Exemptions

This section has no associated Explanatory Memorandum

12.—(1) Sections 37 and 76 (excess assets on winding up) of the 1995 Act shall not apply to a scheme where—

(a)a Minister of the Crown has given a guarantee or made any other arrangements for the purpose of securing that the assets of the scheme are sufficient to meet its liabilities;

(b)arrangements for the payment of any surplus or for the distribution of any excess assets on the winding up of the scheme are subject to the approval of a Minister of the Crown; or

(c)the scheme does not fall within the description of schemes prescribed in regulation 3(1).

(2) Where such a guarantee has been given as is mentioned in paragraph (1)(a) or (b) in respect of only part of a scheme, sections 37 and 76 of the 1995 Act, shall apply as if that part and the other part of the scheme were separate schemes.