Article 2 The original pension scheme condition

(1)

For the purposes of this Order the original pension scheme condition is met if conditions A and B are met.

(2)

Condition A is that on 10th December 2003 a pension scheme (“the original pension scheme”) was either an approved scheme for the purposes of Chapter 1 of Part 14 of the Income and Corporation Taxes Act 1988 M1 (see section 612(1) of that Act) or was a relevant statutory scheme for the purposes of that Chapter (see section 611A of that Act M2).

(3)

Condition B is that the original pension scheme was a scheme whose rules included provision conferring a right to retire before the normal minimum pension age on some or all of the persons who were then members of the scheme.

Annotations

Marginal citations

M1: 1988 c. 1. The provisions of Chapter 1 of Part 14 have been repealed with effect from 6th April 2006 by Part 3 of Schedule 42 to the Finance Act 2004.
M2: Section 611A was inserted by paragraph 15 of Schedule 6 to the Finance Act 1989 (c. 26), and amended by paragraph 5 of Schedule 5 to the Finance Act 1999 (c. 16). Section 611A has been repealed with effect from 6th April 2006 by Part 3 of Schedule 42 to the Finance Act 2004.