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Regulation 7A Applications and notifications to the Board – multi-employer schemesF1

England, Wales and Scotland

(1)

This regulation applies to—

(a)

a multi-employer section to which Part 3 of the Multi-employer Regulations (segregated schemes: multi-employer sections without requirement for partial wind up on withdrawal of a participating employer) applies which is, for the purposes of Part 2 of the Act, an eligible scheme; and

(b)

a non-segregated scheme to which Part 6 of the Multi-employer Regulations (non-segregated schemes: schemes without provision for partial wind up on withdrawal of a participating employer) applies which is, for the purposes of Part 2 of the Act, an eligible scheme.

F2(2)

In the case of a scheme, or a section of a scheme, to which this regulation applies, the prescribed requirement for the purposes of section 129(1A)(b) and (4)(a)(ii) of the Act (applications and notifications for the purposes of section 128) is that at least one of F3paragraphs (3) and (5) applies to the employer.

(3)

This paragraph applies to an employer if it is not—

(a)

an individual;

(b)

a company as defined in section 1(1) of the Companies Act 2006;

(c)

a company which may be wound up under Part 5 of the Insolvency Act 1986;

(d)

a partnership; or

(e)

a relevant body as defined in regulation 5(2).

(4)

For the purposes of paragraph (3)(c), an employer which is a company incorporated outside the United Kingdom is to be regarded as a company which may be wound up under Part 5 of the Insolvency Act 1986.

(5)

This paragraph applies to an employer if it is an EEA insurer or an EEA credit institution.

F4(6)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations

Textual amendments

F1

Reg. 7A added (24.8.2005) by The Pension Protection Fund (Entry Rules) Amendment Regulations 2005 (S.I. 2005/2153), regs. 1(1), 2(6)

F2

Regs. 7A(2)-(7) substituted for reg. 7A(2) (6.4.2016) by The Pension Protection Fund and Occupational and Personal Pension Schemes (Miscellaneous Amendments) Regulations 2016 (S.I. 2016/294), regs. 1, 5(5)

F3

Words in reg. 7A(2) substituted (31.12.2020) by The Insolvency (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/146), reg. 1(3), Sch. para. 111(4)(a) (with regs. 4, 5); 2020 c. 1, Sch. 5 para. 1(1)

F4

Reg. 7A(6)(7) omitted (31.12.2020) by virtue of The Insolvency (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/146), reg. 1(3), Sch. para. 111(4)(b) (with regs. 4, 5); 2020 c. 1, Sch. 5 para. 1(1)