# The Pension Protection Fund (Entry Rules) Regulations 2005, Regulation 21: Refusal to assume responsibility – schemes which become eligible schemes

Extent: E+W+S

(1) The prescribed period referred to in section 146(1) of the Act schemes which become eligible schemes) throughout which the Board must be satisfied that an occupational pension scheme is not an eligible scheme shall—
(a) in the case of a scheme which was established at least three years before the date on which an assessment period began in relation to the scheme, be the period of three years preceding the date on which that assessment period began; ...
(b) in the case of a scheme which was established less than three years before the date on which an assessment period began in relation to a scheme, be the period beginning with the date on which the scheme was established and ending with the date on which that assessment period began; and
(c) in the case of a scheme which becomes an eligible scheme on 1st April 2015 in accordance with regulation 43(1)(b) of the Pensions Act 2011 (Transitional, Consequential and Supplementary Provisions) Regulations 2014—
(i) where the date on which an assessment period began is less than three years after 1st April 2015, be the period beginning on 1st April 2015 and ending with the assessment date; or
(ii) where the date on which an assessment period began is at least three years after 1st April 2015, be the period of three years preceding the date on which that assessment period began.
(2) Paragraph (1) shall have effect in relation to—
(a) a section of a segregated scheme;
(b) a multi-employer section of a segregated scheme; or
(c) a segregated part of—
(i) a multi-employer section of a segregated scheme; or
(ii) a non-segregated scheme,
as if that section, or segregated part, were a separate occupational pension scheme .
(3) This regulation shall not apply where either—
(a) regulation 2(1A) (schemes which are not eligible schemes) of these Regulations; or
(b) regulation 2A of the Pension Protection Fund (Partially Guaranteed Schemes) (Modification) Regulations 2005 (schemes to which paragraph (1) of regulation 2 does not apply),
applies to a scheme.

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Source: https://www.legislation.gov.uk/uksi/2005/590/regulation/21 (the official version)
Page: https://openlegislation.uk/pension-protection-fund-entry-rules-regulations-2005/regulation-21
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.