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Section 90 Regulator’s direction-making powers during period of concernI1

England, Wales and Scotland Not yet in force

(1)

The Regulator may during a period of concern direct a member of the superfund group or the trustees of the superfund scheme to do any or all of the following—

(a)

take a specified step that an approved response plan identifies as one which they are to take;

(b)

take a specified step that the Regulator considers likely to enable or facilitate the carrying out of an approved response plan;

(c)

if a person has failed to comply with section 88(1) or (3)(b) (requirement to propose response plan or revised response plan), take a specified step that the Regulator considers necessary or expedient for the purpose of responding to the event of concern in the interests of members of the superfund scheme;

(d)

ensure that for a specified period—

(i)

no payments are made out of the assets of the superfund scheme to or in respect of members;

(ii)

no transfers of liabilities are made from the superfund scheme.

(2)

A direction under subsection (1)(c) may not require the provision of financial support to the superfund scheme.

(3)

A member of the superfund group, and the trustees of the superfund scheme, must comply with a direction given to them by the Regulator under this section; and if compliance with a direction results in a breach of the rules of the scheme, the breach is to be disregarded for all purposes.

(4)

If an approved response plan contemplates that a person will become the responsible body of a superfund, and that person agrees to become the responsible body, the Regulator may direct that that person is to become the responsible body from a specified time.

(5)

In this section, “specified” means specified (or of a description specified) in the direction.

(6)

See section 91 for further provision about directions under subsection (1)(d).

Annotations

Commencement

I1

S. 90 not in force at Royal Assent, see s. 133(7)