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Regulation 3 Prescribed exemptions from requirement to have member-nominated directors of corporate trustees

For the purposes of section 242(10) of the Act (requirement for member-nominated directors of corporate 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 applies;

(c)

is an occupational pension scheme within the meaning given by section 1 of the Pension Schemes Act 1993, 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;

(j)

has been modified under Schedule 5 to the Coal Industry Act 1994;

(k)

is a stakeholder pension scheme within the meaning of section 1 of the Welfare Reform and Pensions Act 1999;

(l)

is a scheme which is a relevant executive pension scheme in relation to the company;

(m)

is a scheme where F1all the directors (or the sole director) of the trustee (or trustees) are independent within the meaning given by section 23(3) of the 1995 Act;

(n)

is a small insured scheme;

(o)

is independent of the employer by virtue of the employer having been dissolved or liquidated prior to 6th April 2005;

(p)

is a scheme which is a relevant wholly insured scheme;F2...

(q)

is a scheme where the trustee is a body governed by church legislation.

F3(r)

is set up under section 18 of the Government of Wales Act 1998;

(s)

is designated as an existing scheme by virtue of article 15 of the Railway Pensions (Protection and Designation of Schemes) Order 1994.

Annotations

Textual amendments

F1

Words in reg. 3(m) substituted (6.4.2009) by Occupational, Personal and Stakeholder Pensions (Miscellaneous Amendments) Regulations 2009 (S.I. 2009/615), regs. 1(2), 22(2)

F2

Word in reg. 3(p) omitted (6.4.2007) by virtue of Occupational and Personal Pension Schemes (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/814), regs. 1, 21(4)(a)

F3

Reg. 3(r)(s) inserted (6.4.2007) by Occupational and Personal Pension Schemes (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/814), regs. 1, 21(4)(b)