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Regulation 12 Confirmation of scheme status by Board – multi-employer schemesI1

Northern Ireland

(1)

This regulation applies to –

(a)

a non-segregated scheme, or

(b)

a multi-employer section of a segregated scheme,

the rules of which do not contain a provision for the partial winding up of the scheme, or the section, in circumstances where an employer in relation to the scheme, or the section, ceases to participate in the scheme.

(2)

Where, under Article 106(2)(a) (insolvency practitioner’s duty to issue notices confirming status of scheme), an insolvency practitioner is required to issue a scheme failure notice in relation to a multi-employer section of a segregated scheme or a non-segregated scheme to which this regulation applies, regulation 9(2) shall have effect and shall be read as if –

(a)

in the case of a multi-employer section of a segregated scheme –

(i)

in sub-paragraph (a)(ii)(aa), for “no other person or other persons has or have assumed responsibility for meeting the employer’s pension liabilities under the scheme” there were substituted “no other person or other persons has or have assumed responsibility for meeting all of the pension liabilities under the section”;

(ii)

in sub-paragraph (a)(ii)(bb), for “the insolvency practitioner is of the opinion that the employer’s pension liabilities under the scheme will not be assumed by another person” there were substituted “the insolvency practitioner is of the opinion that all of the pension liabilities under the section will not be assumed by another person”;

(b)

in the case of a non-segregated scheme –

(i)

in sub-paragraph (a)(ii)(aa), for “no other person or other persons has or have assumed responsibility for meeting the employer’s pension liabilities under the scheme” there were substituted “no other person or other persons has or have assumed responsibility for meeting all of the pension liabilities under the scheme”;

(ii)

in sub-paragraph (a)(ii)(bb), for “the insolvency practitioner is of the opinion that the employer’s pension liabilities under the scheme will not be assumed by another person” there were substituted “the insolvency practitioner is of the opinion that all of the pension liabilities under the scheme will not be assumed by another person”.

(3)

Where, under Article 106(2)(b), an insolvency practitioner is required to issue a scheme rescue notice in relation to a multi-employer section of a segregated scheme or a non-segregated scheme to which this regulation applies, regulation 9(1) shall have effect and shall be read as if –

(a)

in the case of a multi-employer section of a segregated scheme –

(i)

for “retains responsibility for meeting the pension liabilities under the scheme”, in each place where it appears, there were substituted “assumes responsibility for meeting all of the pension liabilities under the section”;

(ii)

for “another person or other persons has or have assumed responsibility for meeting the employer’s pension liabilities under the scheme”, in each place where it appears, there were substituted “another person or other persons has or have assumed responsibility for meeting all of the pension liabilities under the section”;

(b)

in the case of a non-segregated scheme –

(i)

or “retains responsibility for meeting the pension liabilities under the scheme”, in each place where it appears, there were substituted “assumes responsibility for meeting all of the pension liabilities under the scheme”;

(ii)

for “another person or other persons has or have assumed responsibility for meeting the employer’s pension liabilities under the scheme”, in each place where it appears, there were substituted “another person or other persons has or have assumed responsibility for meeting all of the pension liabilities under the scheme”.

(4)

Where, under Article 114(2) (Board’s duty where application or notification received under Article 113), the Board is required to issue a scheme failure notice in relation to a multi-employer section of a segregated scheme or a non-segregated scheme to which this regulation applies, regulation 10(3) shall have effect and shall be read as if –

(a)

in the case of a multi-employer section of a segregated scheme –

(i)

in sub-paragraph (a)(ii)(aa), for “no other person or other persons has or have assumed responsibility for meeting the employer’s pension liabilities under the scheme” there were substituted “no other person or other persons has or have assumed responsibility for meeting all of the pension liabilities under the section”;

(ii)

in sub-paragraph (a)(ii)(bb), for “the Board is of the opinion that the employer’s pension liabilities under the scheme will not be assumed by another person” there were substituted “the Board is of the opinion that all of the pension liabilities under the section will not be assumed by another person”;

(b)

in the case of a non-segregated scheme –

(i)

in sub-paragraph (a)(ii)(aa), for “no other person or other persons has or have assumed responsibility for meeting the employer’s pension liabilities under the scheme” there were substituted “no other person or other persons has or have assumed responsibility for meeting all of the pension liabilities under the scheme”;

(ii)

in sub-paragraph (a)(ii)(bb), for “the Board is of the opinion that the employer’s pension liabilities under the scheme will not be assumed by another person” there were substituted “the Board is of the opinion that all of the pension liabilities under the scheme will not be assumed by another person”.

(5)

Where, under Article 114(3), the Board is required to issue a withdrawal notice in relation to a multi-employer section of a segregated scheme or a non-segregated scheme to which this regulation applies, regulation 10(2) shall have effect and shall be read as if –

(a)

in the case of a multi-employer section of a segregated scheme –

(i)

in sub-paragraph (a)(i), for “retains responsibility for meeting the pension liabilities under the scheme” there were substituted “assumes responsibility for meeting all of the pension liabilities under the section”;

(ii)

in sub-paragraph (b), for “the Board is satisfied that another person or other persons has or have assumed responsibility for meeting the employer’s pension liabilities under the scheme” there were substituted “the Board is satisfied that another person or other persons has or have assumed responsibility for meeting all of the pension liabilities under the section”;

(b)

in the case of a non-segregated scheme –

(i)

in sub-paragraph (a)(i), for “retains responsibility for meeting the pension liabilities under the scheme” there were substituted “assumes responsibility for meeting all of the pension liabilities under the scheme”;

(ii)

in sub-paragraph (b), for “the Board is satisfied that another person or other persons has or have assumed responsibility for meeting the employer’s pension liabilities under the scheme” there were substituted “the Board is satisfied that another person or other persons has or have assumed responsibility for meeting all of the pension liabilities under the scheme”.

Annotations

Commencement

I1

Reg. 12 in operation at 6.4.2005, see reg. 1(1)(b)