Regulation 3 Schemes not in wind up
(1)
Subject to paragraph (2) and regulations 12 to 14, the prescribed requirements for the purposes of section 37(3)(b) (payment of surplus to employer) are that the scheme is not in wind up, and—
(a)
it is a scheme which—
(i)
is subject to Part 3 of the 2004 Act (scheme funding); and
(ii)
is not a regulatory own funds scheme; or
(b)
it is a scheme that is an earmarked scheme.
(2)
A scheme to which—
(a)
paragraph (1)(a) applies must also comply with regulations 4 to 7 and 9 to 11; or
(b)
paragraph (1)(b) applies must also comply with regulation 8.