Regulation 11 Modification of schemes

For the purposes of section 69 of the 1995 Act (grounds for applying for modifications) —

(a)

a further requirement prescribed for the purposes of subsection (3)(a) of that section (which provides for modification of schemes for the purpose of reducing or eliminating a surplus) is that the second notice referred to in regulation 4 also advises the member of the requirement for an order under that section;

(b)

the prescribed requirements referred to in subsection (3)(b) of that section (which provides for modification of schemes for the purposes of distributing excess assets on winding up) are —

(i)

any requirements under section 76(3) or (4) of the 1995 Act or regulation 7 which must be satisfied before a power to distribute assets to the employer on a winding up can be exercised;

(ii)

a requirement that the trustees are satisfied that any proposal to distribute excess assets to the employer is in the interests of the members; and

(iii)

a requirement that the second notice referred to in regulation 7 also advises the member of the requirement for an order under section 69(3)(b) of the 1995 Act and both the first and second notice referred to in that regulation also advise the member of the requirement referred to in sub-paragraph (ii).