# The Electricity Supply Pension Scheme (Transfer Date Amendments) Regulations 1990, Paragraph 6


Clause 41 shall be deleted and the following clause shall be substituted therefor:
“Amendment of the Scheme
41 (1) Any provision of the Scheme (including this Clause) may be amended (whether by alteration, deletion or addition and whether prospectively or retrospectively) in accordance with and subject to the following provisions of this Clause; Provided That no amendment shall be made which would affect its Approval or prevent such further amendment of the Scheme as may be required to maintain its Approval and Status.
(2) Any amendment to the Scheme shall be void to the extent to which it would otherwise have the effect of:
(a) altering the main purpose of the Scheme from that of providing Benefits for Members on Retirement;
(b) save as authorised or required by enactment from time to time, making any of the moneys of the Scheme payable to any of the Employers;
(c) reducing any Benefit payable to a Member or payable or prospectively payable to a Beneficiary;
(d) in relation to any Group, increasing the contributions of or reducing the prospective Benefits to or in respect of any then existing Protected Member associated with such Group (other than a Protected Member entitled to Frozen Benefits) unless such increase or reduction is approved by a resolution passed by a majority of not less than two-thirds of the Protected Members associated with such Group who are concerned and who shall vote on the matter, either personally or by proxy, at a meeting of the Protected Members associated with such Group who are so concerned, due notice of such meeting having been given specifying the intention to propose such increase or reduction;
(e) in relation to any Group, increasing the contributions of or reducing the prospective Benefits to or in respect of any then existing Member (not being a Protected Member) associated with such Group (other than such a Member entitled to Frozen Benefits) unless such increase or reduction is approved by a resolution passed by a majority of not less than two-thirds of the Members (other than Protected Members) associated with such Group who are concerned and who shall vote on the matter, either personally or by proxy, at a meeting of the Members (other than Protected Members) associated with such Group who are so concerned, due notice of such meeting having been given specifying the intention to propose such increase or reduction; or
(f) reducing any Benefit payable or prospectively payable to or in respect of a Member entitled to Frozen Benefits;
Provided That:
(i) the references to Benefits and Frozen Benefits in sub-paragraphs (a) to (f) of this paragraph shall be deemed to include the right to indexation thereof in accordance with the provisions of Rule 26 as at the effective date of such alteration, deletion or addition;
(ii) in the event of any alteration of the Benefits under Rule 14 altering the ratio previously prevailing between the lump sum and the annual pension, such alteration shall not be binding upon any Member who is in Service at the date of the meeting at which such alteration is approved as aforesaid, if, within three months after that date, he shall give notice in writing to the Secretary requiring the continuation in his case of the right to Benefits in the form of a lump sum and pension bearing to one another the ratio previously prevailing; but in that event the amount of such lump sum and pension shall be fixed by the Actuary so as, to the extent possible, to preserve the said ratio without Prejudicing the Scheme while at the same time being equivalent in total value to the Benefits which would otherwise be payable; and
(iii) with the consent of the Trustees, a joint meeting of Protected Members and of Members other than Protected Members may be convened and held to consider any such proposed amendment, without prejudice to the provisions of sub-paragraphs (d) and (e) regarding the separate voting of and approval by Protected Members and by Members other than Protected Members in respect of such proposals.
(3) Subject to paragraphs (1) and (2), all the Principal Employers together may amend any provision of the Scheme (including this Clause) or may in writing authorise the Co-ordinator to do so on their joint behalf and in such event the amendment shall be made by a deed executed by each Principal Employer or by the Co-ordinator (as the case may be).
(4) (a) Subject to and in accordance with paragraphs (1), (2) and (5), each Principal Employer may amend any provision of the Scheme except this Clause, other than paragraph (2) thereof, by a deed executed by that Principal Employer (and, for the avoidance of doubt, any amendment to paragraph (2) shall be subject to the terms thereof from time to time in effect); Provided That no such amendment:
(i) shall amend the Scheme with retrospective effect unless the deed by which it is made expressly so provides;
(ii) shall take effect insofar as it purports to affect the rights and obligations of the Members, Former Members or Beneficiaries associated with the Group of any other Principal Employer;
(iii) shall take effect insofar as it purports to affect the rights and obligations of another Principal Employer and its Participating Subsidiaries, unless the written consent of that other Principal Employer is given prior to or contained in the deed by which the amendment is made, notwithstanding any express or implied provision to the contrary contained in such deed; or
(iv) shall amend any provision of the Scheme in so far as it provides for the exercise or performance of:
(I) any Function by the Co-ordinator (whether or not with Consent);
(II) any trust, power, duty or authority by the Trustees; or
(III) any obligation by the Actuary.
(b) A Principal Employer which has executed a deed for the purpose of amending any provision of the Scheme pursuant to sub-paragraph (a) of this paragraph shall promptly supply a certified copy of the deed to the Secretary and, without prejudice to the foregoing provisions of this Clause, no such amendment shall have effect until a clearance notice shall have been issued or deemed to have been issued in accordance with the following provisions of this paragraph.
(c) Within 28 days of being supplied with such copy the Secretary shall:–
(i) if he considers that the amendment will neither Prejudice the Scheme nor be in breach of the terms of this Clause, give the Principal Employer a notice (hereinafter called a “clearance notice”) stating that he does not seek to prevent the amendment from taking effect; and/or
(ii) if he considers that the amendment would or might Prejudice the Scheme or be in breach of the terms of this Clause, give the Principal Employer a notice (hereinafter called a “counter notice”) stating that the amendment shall not take effect unless and until a clearance notice is issued or deemed to have been issued in accordance with the following provisions of this paragraph.
(d) If the Secretary shall not have given the Principal Employer a clearance notice by the expiry of the said 28 day period he shall be deemed to have given a counter notice.
(e) If the Secretary shall have or shall be deemed to have given a counter notice pursuant to sub-paragraph (c) or (d) of this paragraph respectively, the Principal Employer shall thereafter be entitled to give the Co-ordinator a notice (hereinafter called a “determination notice”) requiring the Co-ordinator within 28 days thereof either to give a clearance notice or:
(i) to inform the Principal Employer in writing of its objections to the intended amendment;
(ii) if such objections relate (in whole or in part) to the possibility that the proposed amendment would Prejudice the Scheme, to submit such amend ment to the Inland Revenue Superannuation Funds Office and the Occupa tional Pensions Board to determine whether such amendment would Prejudice the Scheme; and
(iii) if such objections relate (in whole or in part) to the possibility that the proposed amendment would be in breach of the terms of this Clause, to submit such amendment to a sole arbitrator for such determination, being a Queen’s Counsel appointed by agreement between the Principal Employer and the Co-ordinator or, failing agreement within 28 days of the determination notice, then (at the instance of either the Principal Employer or the Co-ordinator) appointed by the President for the time being of the Law Society.
(f) Any determination made pursuant to sub-paragraph (ii) or (iii) of paragraph (e) shall, for the purposes of this Clause, be binding on the Principal Employer and the Co-ordinator and, if made in favour of the Principal Employer, shall be deemed to constitute a clearance notice in respect of the relevant sub-paragraph given to the Principal Employer.
(5) The Scheme shall contain a separate numbered Schedule in respect of each Group. Any amendment made to the Scheme by a Principal Employer pursuant to paragraph (4) shall take effect by way of amendment to its Group’s Schedule (but not otherwise). In relation to any Group and the Members and Former Members associated with such Group, in the event of any conflict between the provisions of the Schedule in respect of such Group and of the Scheme (apart from the Schedules in respect of the other Groups) the provisions of the first-mentioned Schedule shall supersede and over-ride the provisions of the Scheme.
(6) As soon as he becomes aware that circumstances will or may arise or occur which might Prejudice the Scheme if an amendment is not made, the Secretary shall advise the Co-ordinator and each Principal Employer affected that it is necessary for that Principal Employer pursuant to its powers under paragraph (3) or (4) (as the case may be) to make an amendment to avoid the risk of Prejudicing the Scheme.
(7) If, by the date which is 28 days (or such lesser period as the Secretary may notify to the Principal Employers) before that on which the Secretary reasonably believes the Scheme will be Prejudiced if an amendment is not made pursuant to paragraph (6), an affected Principal Employer has not or all the Principal Employers together have not made an appropriate amendment under paragraph (4) or (3) respectively and provided a certified copy of the relevant deed to the Secretary, or if each of the Principal Employers has not given its written authority under paragraph (3), the Co-ordinator shall exercise the power of each Principal Employer which has not made or authorised an appropriate amendment as aforesaid to make such appropriate amendment and shall do so by executing a deed.
(8) A person who has by deed amended any provision of the Scheme shall forthwith supply a certified copy of such deed:
(a) if such person is a Principal Employer, to its Participating Subsidiaries, the other Principal Employers, the Co-ordinator and the Trustees; or
(b) if such person is the Co-ordinator, to each Principal Employer, each Participating Subsidiary and the Trustees.”

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Source: https://www.legislation.gov.uk/uksi/1990/318/schedule/paragraph/6 (the official version)
Page: https://openlegislation.uk/electricity-supply-pension-scheme-transfer-date-amendments-regulations-1990/schedule/paragraph-6
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.