Regulation 2 Exemptions from requirement to have member-nominated trustees
For the purposes of section 241(8)(c) of the Act (requirement for member-nominated trustees) a scheme is of a prescribed description, if the scheme—
has fewer than two members;
is a scheme to which section 22 of the 1995 Act M1 (independent trustees - circumstances in which following provisions apply) applies;
is an occupational pension scheme within the meaning given by section 1 of the Pension Schemes Act 1993 M2 (categories of pension schemes), but if it is not a registered pension scheme;
is a relevant small occupational pension scheme;
is a relevant centralised scheme;
is a direct payment, paid-up insurance scheme;
is a former old code scheme;
is a section 615(6) scheme;
is set up under section 2 of the Parliamentary and other Pensions Act 1987 M3 (power to provide for pensions for Members of the House of Commons etc.);
is a scheme, provision for which is made by virtue of section 81(3) of the Scotland Act 1998 (remuneration of members of the Parliament and Executive);
has been modified under Schedule 5 to the Coal Industry Act 1994 M4 (pension provision in connection with restructuring);
is a scheme where the sole trustee, or all the trustees are independent within the meaning given by section 23(3) of the 1995 Act;
is a stakeholder pension scheme within the meaning of section 1 of the Welfare Reform and Pensions Act 1999 M5 (meaning of “stakeholder pension scheme”);
is a small insured scheme;
is independent of the employer by virtue of the employer having been dissolved or liquidated prior to 6th April 2005; F2...
is a scheme where the trustee is a body governed by church legislation.
is set up under section 18 of the Government of Wales Act 1998;
is designated as an existing scheme by virtue of article 15 of the Railway Pensions (Protection and Designation of Schemes) Order 1994 (designation of existing schemes).
is established under section 67 of the Pensions Act 2008.
Annotations
Textual amendments
- F1
Reg. 2(ia) inserted (1.9.2009) by Occupational Pension Schemes (Scottish Parliamentary Pensions Act 2009) Regulations 2009 (S.I. 2009/1906), reg. 1, Sch. para. 9
- F2
Word in reg. 2(n) omitted (6.4.2007) by virtue of Occupational and Personal Pension Schemes (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/814), regs. 1, 21(3)(a)
- F3
Reg. 2(p)(q) inserted (6.4.2007) by Occupational and Personal Pension Schemes (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/814), regs. 1, 21(3)(b)
- F4
Reg. 2(r) added (5.7.2010) by National Employment Savings Trust (Consequential Provisions) Order 2010 (S.I. 2010/9), regs. 1,3
Marginal citations
- M1
Section 22 was amended by section 36(1) and (2)(a), (b), (c), and (d), and 322(1) of, and paragraphs 34 and 40 of Schedule 12 to, the Act.
- M2
1993 c. 48. Section 1(1) was amended by section 239 of the Act.
- M3
1987 c. 45. Section 2 was amended by section 2(1) of the Ministerial and other Pensions and Salaries Act 1991 (c. 5).
- M4
1994 c. 21. Schedule 5 was amended by paragraph 64 of Schedule 1 to the Employment Rights Act 1996 (c. 18).
- M5
1999. c.30. Section 1 was amended by sections 285 of, and paragraphs 11 and 12 of Schedule 12 to, the Act.