OpenLegislation

Regulation 10 Time limits for making alternative arrangements under section 17F1

England, Wales and Scotland

(1)

Where, by virtue of section 17(1) (alternative arrangements for selecting trustees), section 16 does not apply to a trust scheme, the trustees must secure that the alternative arrangements are made no later than is necessary to secure that trustees can be selected immediately in pursuance of the arrangements to fill any vacancy arising after the appropriate time.

(2)

In paragraph (1), “the appropriate time" means—

(a)

in a case where, immediately before the approval of the alternative arrangements, section 16 applied to the scheme, the expiry of the period of six months beginning with the date on which F2the employer gives notice to the trustees under regulation 9(1)(b)(ii) in respect of the approval of the arrangements;

(b)

in a case where, immediately before the approval of the alternative arrangements, section 16 did not apply to the scheme—

(i)

if the approval is for the continuation of existing alternative arrangements, the date on which the employer gives notice to the trustees under regulation 9(1)(b)(ii) in respect of the approval of the arrangements; and

(ii)

otherwise, the expiry of the period of six months beginning with that date.

Annotations

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)

F2

Words in reg. 10(2)(a) substituted (30.12.1999) by The Personal and Occupational Pension Schemes (Miscellaneous Amendments) Regulations 1999 (S.I. 1999/3198), regs. 1(1), 7(3)

Notes on the whole SI

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)