# The Occupational Pension Schemes (Payments to Employer) Regulations 2006, Regulation 12: Exemptions


(1) Sections 37 and 76 (excess assets on winding up) of the 1995 Act shall not apply to a scheme where—
(a) a Minister of the Crown has given a guarantee or made any other arrangements for the purpose of securing that the assets of the scheme are sufficient to meet its liabilities;
(b) arrangements for the payment of any surplus or for the distribution of any excess assets on the winding up of the scheme are subject to the approval of a Minister of the Crown; or
(c) the scheme does not fall within the description of schemes prescribed in regulation 3(1).
(2) Where such a guarantee has been given as is mentioned in paragraph (1)(a) or (b) in respect of only part of a scheme, sections 37 and 76 of the 1995 Act, shall apply as if that part and the other part of the scheme were separate schemes.

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Source: https://www.legislation.gov.uk/uksi/2006/802/regulation/12 (the official version)
Page: https://openlegislation.uk/occupational-pension-schemes-payments-to-employer-regulations-2006/regulation-12
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.