# The Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2010, Regulation 4: Amendment of Part 1


In regulation 2 (interpretation)—
(a) in the definition of “annual payment”, for “regulation 17 or 17C and Schedule 2” substitute “regulation 17, 17C or 17E and Schedule 2, 3 or 4”;
(b) after the definition of “annual payment” insert—
““asset share” in respect of a person means the assets available to discharge the liability of the scheme in respect of that person as determined in accordance with regulation 22(2), or, where it applies, regulation 28(1);”;
(c) for the definition of “beneficiary” substitute—
““beneficiary” means—
(a) a qualifying member or, after that qualifying member’s death, the survivor and surviving dependants of that qualifying member; and
(b) any person entitled to a payment in accordance with regulation 17G(1);”;
(d) after the definition of “beneficiary” insert—
““calculation date” means the last day of the month in which the scheme manager instructs the trustees or managers of a qualifying pension scheme to obtain a valuation under regulation 22;”;
(e) in the definition of “ill health payment” for “Schedule 2A” substitute “Schedules 2A, 5 and 6”;
(f) in the definition of “indexation date”, before “an annual payment” insert “a payment under regulation 17G, a payment under regulation 17H,”
(g) after the definition of “multi-employer scheme” insert—
““notional pension” means the annual rate of annuity determined in accordance with regulation 27(1)(a);
“the Ombudsman” means the PPF Ombudsman or any person appointed under section 210(1) (deputy PPF Ombudsmen) to act as a deputy to the PPF Ombudsman;”;
(h) after the definition of “qualifying pension scheme” insert—
““relevant accounts” for the purposes of identifying and valuing the assets of a scheme, means the audited accounts for the scheme which—
(a) show a true and fair view of—
(i) the financial transactions of the scheme during the period to which the accounts relate (“the accounting period”);
(ii) the amount and disposition of the assets at the end of the accounting period; and
(iii) the liabilities of the scheme, other than the liabilities to pay pensions and benefits after the end of the accounting period;
(b) are in such manner and form as the scheme manager may request;
(c) include a report by the auditor in writing as to whether or not in the auditor’s opinion the requirements in paragraphs (a) and (b) above are satisfied; and
(d) are prepared in respect of the period ending with the calculation date;”;
(i) after the definition of “scheme manager” insert—
““scheme rules” means the rules of the qualifying pension scheme;”;
(j) after the definition of “survivor” insert—
““survivor notional pension” means the annual rate of annuity determined in accordance with regulation 27(1)(c);”;
(k) after the definition of “tax approved scheme” insert—
““transfer notice” means the notice given under regulation 29;”; and
(l) after the definition of “trustees or managers” insert—
““valuation actuary” has the meaning given in regulation 22(5),”.

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Source: https://www.legislation.gov.uk/ukdsi/2010/9780111492277/regulation/4 (the official version)
Page: https://openlegislation.uk/draft-financial-assistance-scheme-miscellaneous-amendments-regulations-2010/regulation-4
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.