Section 8 Appointment of trustees: consequences.C1I1
England, Wales and Scotland
F1An order under section 7 appointing a trustee may provide for any fees and expenses of trustees appointed under the order to be paid—
by the employer,
out of the resources of the scheme, or
partly by the employer and partly out of those resources.
Such an order may also provide that an amount equal to the amount (if any) paid out of the resources of the scheme by virtue of subsection (1)(b) or (c) is to be treated for all purposes as a debt due from the employer to the trustees of the scheme.
Subject to subsection (4), a trustee appointed under that section shall, unless he is the independent trustee and section 22 applies in relation to the scheme, have the same powers and duties as the other trustees.
Such an order may make provision—
for restricting the powers or duties of a trustee so appointed, F2...
for powers or duties to be exercisable by a trustee so appointed to the exclusion of other trustees.
Annotations
Textual amendments
- F1
S. 8(1)(2) substituted (6.4.2005) by Pensions Act 2004 (c. 35), ss. 35(2), 322(1) (with s. 313); S.I. 2005/275, art. 2(7), Sch. Pt. 7 (with S.I. 2005/695, arts. 5(8), 6, Schs. 2, 3)
- F2
Word in s. 8(4)(a) repealed (11.11.1999 for specified purposes, 25.4.2000 in so far as not already in force) by Welfare Reform and Pensions Act 1999 (c. 30), s. 89(5)(a), Sch. 2 para. 10, Sch. 13 Pt. I; S.I. 2000/1047, art. 2(2)(b), Sch. Pt. II
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. 8 in force at 6.4.1997 by S.I. 1997/664, art. 2(3), Sch. Pt. 3