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Section 6 Removal or suspension of trustees: consequences.C1I1

(1)

A person who purports to act as trustee of a trust scheme while prohibited from being a trustee of the scheme under section 3 F1or 3A or suspended in relation to the scheme under section 4 is guilty of an offence and liable—

(a)

on summary conviction, to a fine not exceeding the statutory maximum, and

(b)

on conviction on indictment, to a fine or imprisonment or both.

(2)

An offence under subsection (1) may be charged by reference to any day or longer period of time; and a person may be convicted of a second or subsequent offence under that subsection by reference to any period of time following the preceding conviction of the offence.

(3)

Things done by a person purporting to act as trustee of a trust scheme while prohibited from being a trustee of the scheme under section 3 F2or 3A or suspended in relation to the scheme under section 4 are not invalid merely because of that prohibition or suspension.

(4)

Nothing in section 3 F3, 3A or 4 or this section affects the liability of any person for things done, or omitted to be done, by him while purporting to act as trustee of a trust scheme.

Annotations

Textual amendments

F1

Words in s. 6(1) inserted (11.9.2014) by Pensions Act 2014 (c. 19), s. 56(1), Sch. 19 para. 2(a); S.I. 2014/2377, art. 2(1)(a)(i)(2)(l)

F2

Words in s. 6(3) inserted (11.9.2014) by Pensions Act 2014 (c. 19), s. 56(1), Sch. 19 para. 2(a); S.I. 2014/2377, art. 2(1)(a)(i)(2)(l)

F3

Word in s. 6(4) inserted (11.9.2014) by Pensions Act 2014 (c. 19), s. 56(1), Sch. 19 para. 2(b); S.I. 2014/2377, art. 2(1)(a)(i)(2)(l)

Modifications

C1

Ss. 3-11 modified in part (11.11.1999 for specified purposes; 1.10.2000 in so far as not already in force) by the Welfare Reform and Pensions Act 1999 (c. 30), s. 89(5)(a), Sch. 1 para. 1(1)(2)(b)(i); S.I. 2000/1047, art. 2(2)(c), Sch. Pt. III (as amended (6.4.2005) by Pensions Act 2004 (c. 35), s. 322(1), Sch. 12 para. 76(2)(a))

Commencement

I1

S. 6 in force at 6.4.1997 by S.I. 1997/664, art. 2(3), Sch. Pt. 3