# The Pension Protection Fund (Entry Rules) Regulations (Northern Ireland) 2005, Regulation 8A: Applications and notifications to the Board – further provision for multi-employer schemes


(1) This regulation applies to—
(a) a multi-employer section to which Part III 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 III of the Order, an eligible scheme, and
(b) a non-segregated scheme to which Part VI 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 III of the Order, an eligible scheme.
(2) The prescribed period for making an application to the Board under Article 113(1)(a) or (b) (applications and notifications for the purposes of Article 112) shall be—
(a) where the application is under Article 113(1)(a), the period of 28 days beginning with the date on which the trustees or managers of a scheme, or a section of a scheme, become aware that the conditions for making an application to the Board under that Article are met in relation to that scheme or section, or
(b) where the application is under Article 113(1)(b), the period of 28 days beginning with—
(i) 24th August 2005 if the trustees or managers of a scheme, or a section of a scheme, are aware on that date that the conditions for making an application to the Board under that Article were met in relation to that scheme, or section, between 6th April 2005 and that date, or
(ii) the date on which the trustees or managers of a scheme, or a section of a scheme, become aware after 24th August 2005 that the conditions for making an application to the Board under that Article are met in relation to that scheme or section.
(3) Applications to the Board for the purposes of Article 112 (duty to assume responsibility for schemes following application or notification) shall, where the application is made under Article 113(1)(a), be in writing and shall contain the following information—
(a) a description of the type or purpose of the application;
(b) the name, address and pension scheme registration number of the scheme, or section of the scheme, in respect of which the application is made;
(c) the name of the employer in relation to the scheme, or section of the scheme, in respect of which the application is made;
(d) a statement by the trustees or managers of the scheme, or section of the scheme, that the conditions for making an application to the Board under Article 113(1)(a) have been met;
(e) the date on which the trustees or managers of the scheme, or section of the scheme, became aware that the conditions for making an application to the Board under Article 113(1)(a) were met, and
(f) the date on which the application was sent to the Board by the trustees or managers of the scheme or section of the scheme.
(4) Applications to the Board for the purposes of Article 112 shall, where the application is made under Article 113(1)(b), be in writing and shall contain the following information—
(a) a description of the type or purpose of the application;
(b) the name, address and pension scheme registration number of the scheme, or section of the scheme, in respect of which the application is made;
(c) the name of each employer in relation to the scheme, or section of the scheme, in respect of which the application is made;
(d) the name of the person who is no longer an employer or the persons who are no longer employers in relation to the scheme, or section of the scheme, at the time referred to in Article 113(4)(b);
(e) a statement by the trustees or managers of the scheme, or section of the scheme, that the conditions for making an application to the Board under Article 113(1)(b) have been met;
(f) the date on which the trustees or managers of the scheme, or section of the scheme, became aware that the conditions for making an application to the Board under Article 113(1)(b) were met, and
(g) the date on which the application was sent to the Board by the trustees or managers of the scheme or section of the scheme.
(5) Where the Regulator becomes aware that the conditions for making a notification to the Board under Article 113(4)(a) are met in relation to a scheme, or a section of a scheme, which is, for the purposes of Part III of the Order, an eligible scheme, the notice which the Regulator must give to the Board under that Article shall be in writing and shall contain the following information—
(a) the name or type of the notice given;
(b) the date on which the notice is given;
(c) the name, address and pension scheme registration number of the scheme, or section of the scheme, in respect of which the notice is given;
(d) the name of the employer in relation to the scheme, or section of the scheme, in respect of which the notice is given;
(e) a statement by the Regulator that the employer referred to in sub-paragraph (d) is unlikely to continue as a going concern and meets the requirements specified in regulation 7A(2), and
(f) the date on which the Regulator became aware of the matter in respect of which the statement is provided by it under sub-paragraph (e).
(6) Where the Regulator is aware that the conditions for making an application to the Board under Article 113(4)(b) are met in relation to a scheme, or a section of a scheme, which is, for the purposes of Part III of the Order, an eligible scheme, the notice which the Regulator must give to the Board under that Article shall be in writing and shall contain the following information—
(a) the name or type of the notice given;
(b) the date on which the notice is given;
(c) the name, address and pension scheme registration number of the scheme, or section of the scheme, in respect of which the notice is given;
(d) the name of each employer in relation to the scheme, or section of the scheme, in respect of which the notice is given;
(e) the name of the person who is no longer an employer or the persons who are no longer employers in relation to the scheme, or section of the scheme, at the time referred to in Article 113(4)(b);
(f) a statement by the Regulator that the person or persons referred to in sub-paragraph (e) is no longer an employer or are no longer employers in relation to the scheme, or section of the scheme, at the time referred to in Article 113(4)(b), and
(g) the date on which the Regulator became aware of the matter in respect of which the statement is provided by it under sub-paragraph (f).
(7) Where the Board receives a notice from the Regulator to which paragraph (5) or (6) applies, the notice referred to in Article 113(5) which the Board must give to the trustees or managers of the scheme, or section of the scheme, concerned and copy to any employer in relation to that scheme, or section, shall be in writing and shall contain the following information—
(a) the name or type of the notice given;
(b) the date on which the notice is given;
(c) the name, address and pension scheme registration number of the scheme, or section of the scheme, in respect of which the notice is given;
(d) a statement that the Board received the notice from the Regulator under Article 113(4)(a) or (b) and the date on which the notice was received by the Board;
(e) where the notice referred to in sub-paragraph (d) is a notice under Article 113(4)(a), the date on which the Regulator became aware that the employer in relation to the scheme, or section of the scheme, is unlikely to continue as a going concern;
(f) where the notice referred to in sub-paragraph (d) is a notice under Article 113(4)(b), the date on which the Regulator became aware that the person or persons referred to in paragraph (6)(e) is no longer an employer or are no longer employers in relation to the scheme, or section of the scheme, at the time referred to in Article 113(4)(b);
(g) the address for communications at which the Board may be contacted in respect of the giving of the notice, and
(h) whether the notice given by the Board contains any restricted information and, if so, the nature of the restrictions.

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Source: https://www.legislation.gov.uk/nisr/2005/126/regulation/8A (the official version)
Page: https://openlegislation.uk/pension-protection-fund-entry-rules-regulations-northern-ireland-2005/regulation-8A
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.