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Amendment of the Occupational Pension Schemes (Regulatory Own Funds) Regulations 2005

17.—(1) Amend the Occupational Pension Schemes (Regulatory Own Funds) Regulations 2005(1) as follows.

(2) In regulation 10(8) (postponement) for “given in regulation 11” substitute “given in regulation 3 of the Occupational Pension Schemes (Cross-border Activities) Regulations 2005(2) (meaning of “European employer” and “host member State” in Part 7 of the Pensions Act 2004).”.

(3) Omit regulation 11 (meaning of “European employer”).

(4) In regulation 15(1) (exemptions)—

(a)in sub-paragraph (h)—

(i)for “a scheme which has” substitute “a scheme with”;

(ii)in head (i) for “all decisions which fall to be made by the trustees are” substitute “any decision made by the trustees is”; and

(iii)in head (ii), for “who is an independent trustee” substitute “who is independent”; and

(b)in sub-paragraph (i)—

(i)for “a scheme which has” substitute “a scheme with”;

(ii)for “where a company is a trustee” substitute “where a company is the sole trustee”;

(iii)in head (i), for “is made only by the unanimous agreement” substitute “is made by the unanimous agreement”; and

(iv)in head (ii), for “one of the directors is a trustee who” substitute “one of the directors of the company”.