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—
has fewer than two members;
is a scheme to which section 22 of the 1995 Act applies;
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;
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;
has been modified under Schedule 5 to the Coal Industry Act 1994;
is a stakeholder pension scheme within the meaning of section 1 of the Welfare Reform and Pensions Act 1999;
is a scheme which is a relevant executive pension scheme in relation to the company;
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;
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;
is a scheme which is a relevant wholly insured scheme;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.
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)