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The Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations 1996 (revoked)

S.I. 1996/1216 · Made 2 May 1996 · Extends to England, Wales and Scotland

Up to date with all changes known to legislation.gov.uk, revised to 1 January 2014.

PENSIONS

Made 2nd May 1996

Laid before Parliament 10th May 1996

Coming into force in accordance with regulation 1(2)

The Secretary of State for Social Security, in exercise of the powers conferred on him by sections 17(1)(c), (4)(b), 18(1), 19(1)(c), 19(4), 20(1)(b) and (4), 21(4)(a) and (b), (5), (6), (7) and (8)(b), 49(2)(b) and (3), 68(2)(e), 118(1)(a) and (b), 124(1), 125(3) and (4)(c) and 174(2) and (3) of the Pensions Act 1995M1 and of all other powers enabling him in that behalf, by this instrument, which is made before the end of the period of 6 months beginning with the coming into force of the provisions of Part I of that Act by virtue of which it is madeC1, hereby makes the following regulations:—

Annotations to the whole text

Textual amendments

F1

Regulations revoked with savings (6.4.2006) by The Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations 2006 (S.I. 2006/714), regs. 1(1), 6, Sch. (with reg. 4)

Marginal citations

M1

1995 c.26. Section 124(1) is cited for the meaning given to “prescribed" and “regulations".

Modifications

C1

See section 120 of the Act which provides that the Secretary of State must consult such persons as he considers appropriate before making regulations by virtue of the provisions in Part I of that Act. This duty does not apply where regulations are made before the end of six months from the coming into force of the provisions under which they are made.

Contents

  1. Part I: GENERAL PROVISIONS
  2. Preliminary
  3. 1Citation and commencement
  4. 2General interpretation
  5. 3Scheme membership
  6. Application of sections 16 and 18
  7. 4Exceptions from member-nominated trustee requirements
  8. 5Extension of section 18
  9. 6Exceptions from member-nominated director requirements
  10. Part II: MEMBER-NOMINATED TRUSTEES
  11. Section 16 arrangements and rules
  12. 7Implementation of requirements as to member-nominated trustees: general
  13. 8Appropriate rules as to the selection and eligibility of member-nominated trustees
  14. Proposals by employers for alternative arrangements
  15. 9Proposals by the employer for alternative arrangements under section 17
  16. 10Time limits for making alternative arrangements under section 17
  17. Power of trustees to modify schemes by resolution
  18. 11Modification of schemes affected by requirements
  19. Cessation of application of requirements
  20. 12Cessation of application of requirements
  21. Part III: MEMBER-NOMINATED DIRECTORS
  22. Section 18 arrangements and rules
  23. 13Implementation of requirements as to member-nominated directors: general
  24. 14Appropriate rules as to the selection and eligibility of member-nominated directors
  26. 15Proposals by the employer for alternative arrangements under section 19
  27. 16Time limits for making alternative arrangements under section 19
  28. Cessation of application of requirements
  29. 17Cessation of application of requirements
  30. Aggregation of schemes
  31. 18Aggregation of linked schemes
  32. Part IV: GENERAL AND SUPPLEMENTARY PROVISIONS
  33. Modifications for special cases
  34. 19Modifications
  35. General provisions about rules and arrangements
  36. 20Cessation of approval of appropriate rules and alternative arrangements
  37. 21Appropriate rules in cases where insufficient nominations are received
  38. Miscellaneous and supplementary
  39. 22Records
  40. 23Notices
  41. 24Transitional provisions
  42. Signature
  43. Schedule 1: THE STATUTORY CONSULTATION PROCEDURE
  44. Part: “The proposer"
  45. 1Paragraph 1
  46. Part: Notice to be given by the proposer
  47. 2Paragraph 2
  48. Part: The appropriate general statement
  49. 3Paragraph 3
  50. Part: Notices concerning appropriate rules: requirement for general information about arrangements
  51. 4Paragraph 4
  52. Part: Particulars of rules or arrangements proposed
  53. 5Paragraph 5
  54. Part: Statement as to approval procedure
  55. 6Paragraph 6
  56. 7Paragraph 7
  57. Part: Approval in absence of objections
  58. 8Paragraph 8
  59. Part: Approval by ballot
  60. 9Paragraph 9
  61. Part: Immaterial omissions etc.
  62. 10Paragraph 10
  63. Schedule 2: THE PRESCRIBED APPROPRIATE RULES
  64. Part I: MEMBER-NOMINATED TRUSTEES
  65. Eligibility and procedure for nomination
  66. 1Paragraph 1
  67. Selection of nominees
  68. 2Paragraph 2
  69. Part II: MEMBER-NOMINATED DIRECTORS
  70. 3Paragraph 3
  71. Schedule 3: MODIFICATIONS OF PENSIONS ACT 1995 AND THESE REGULATIONS
  72. Part: Multi-employer schemes
  73. 1Paragraph 1
  74. Part: Cases where the employer is sole trustee
  75. 2Paragraph 2
  76. Part: Cases where a section 18 company is the employer
  77. 3Paragraph 3
  78. Part: Schemes with few or no active members
  79. 4Paragraph 4
  80. Part: Shorter periods of office: casual vacancies etc.
  81. 5Paragraph 5
  82. Part: Schemes requiring amendment: disapplication of s.591B of the Taxes Act
  83. 6Paragraph 6
  84. Part: Removal of member-nominated directors
  85. 7Paragraph 7
  86. Part: Modifications of section 18: aggregation
  87. 8Paragraph 8
  88. Schedule 4
  89. Part TRANSITIONAL PROVISIONS
  90. Preliminary
  91. 1Paragraph 1
  92. General disregard of action taken before commencement date
  93. 2Paragraph 2
  94. Waiver of employer’s rights under sections 17 and 19
  95. 3Paragraph 3
  96. 4Paragraph 4
  97. Pre-commencement period proposals by the employer
  98. 5Paragraph 5
  99. 6Paragraph 6
  100. Pre-commencement period action
  101. 7Paragraph 7
  102. Scheme alterations, overriding provisions and records
  103. 8Paragraph 8
  104. Explanatory note