# The Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations 2006, 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—
(a) has fewer than two members;
(b) is a scheme to which section 22 of the 1995 Act (independent trustees - circumstances in which following provisions apply) applies;
(c) is an occupational pension scheme within the meaning given by section 1 of the Pension Schemes Act 1993 (categories of pension schemes), but if it is not a registered pension scheme;
(d) is a relevant small occupational pension scheme;
(e) is a relevant centralised scheme;
(f) is a direct payment, paid-up insurance scheme;
(g) is a former old code scheme;
(h) is a section 615(6) scheme;
(i) is set up under section 2 of the Parliamentary and other Pensions Act 1987 (power to provide for pensions for Members of the House of Commons etc.);
(ia) 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);
(j) has been modified under Schedule 5 to the Coal Industry Act 1994 (pension provision in connection with restructuring);
(k) 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;
(l) is a stakeholder pension scheme within the meaning of section 1 of the Welfare Reform and Pensions Act 1999 (meaning of “stakeholder pension scheme”);
(m) is a small insured scheme;
(n) is independent of the employer by virtue of the employer having been dissolved or liquidated prior to 6th April 2005; ...
(o) is a scheme where the trustee is a body governed by church legislation.
(p) is set up under section 18 of the Government of Wales Act 1998;
(q) 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).
(r) is established under section 67 of the Pensions Act 2008.

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Source: https://www.legislation.gov.uk/uksi/2006/714/regulation/2 (the official version)
Page: https://openlegislation.uk/occupational-pension-schemes-member-nominated-trustees-and-directors-regulations-2006/regulation-2
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.