Regulation 5 Cases where a partnership is the employerI1

England, Wales and Scotland

(1)

F1Sections 119 to 122 of the Pension Schemes Act 1993 are modified as described in this regulation in their application to any case where—

(a)

a partnership is the employer, or one of the employers, in relation to an occupational pension scheme;

(b)

the partnership is insolvent; and

(c)

the courts of England and Wales have jurisdiction to wind up the insolvent partnership^f1.

(2)

F2Section 119(1) of the Pension Schemes Act 1993 applies in relation to the scheme—

(a)

if a person commences to act as an insolvency practitioner in relation to the insolvent partnership; or

(b)

if the official receiver becomes the liquidator or provisional liquidator of the insolvent partnership.

(3)

Where F3section 119 of the Pension Schemes Act 1993 applies in relation to the scheme, references to “a company” are to be treated as including any insolvent partnership that the courts in England and Wales have jurisdiction to wind up.

Annotations

Textual amendments

F1: Words in reg. 5(1) substituted (12.5.1994) by The Occupational and Personal Pension Schemes (Consequential Amendments) Regulations 1994 (S.I. 1994/1062), reg. 1(2), Sch. 2 para. 26(4)
F2: Words in reg. 5(2) substituted (12.5.1994) by The Occupational and Personal Pension Schemes (Consequential Amendments) Regulations 1994 (S.I. 1994/1062), reg. 1(2), Sch. 2 para. 26(8)
F3: Words in reg. 5(3) substituted (12.5.1994) by The Occupational and Personal Pension Schemes (Consequential Amendments) Regulations 1994 (S.I. 1994/1062), reg. 1(2), Sch. 2 para. 26(3)

Commencement

I1: Reg. 5 in force at 12.11.1990, see reg. 1(2)

Footnotes

f1: See Part V of the Insolvency Act 1986 (c. 45) and the Insolvent Partnerships Order 1986 (S.I. 1986/2142).