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Article 6 Removal or suspension of trustees: consequences

Northern Ireland

(1)

A person who purports to act as trustee of a trust scheme while prohibited from being a trustee of the scheme under Article 3 F1or 3A or suspended in relation to the scheme under Article 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 paragraph (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 paragraph 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 Article 3 F2or 3A or suspended in relation to the scheme under Article 4 are not invalid merely because of that prohibition or suspension.

(4)

Nothing in Article 3 F3, 3A or 4 or this Article 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 art. 6(1) inserted (16.7.2015) by Pensions Act (Northern Ireland) 2015 (c. 5), s. 53(1), Sch. 19 para. 2(a); S.R. 2015/307, art. 2(1)(o)

F2

Words in art. 6(3) inserted (16.7.2015) by Pensions Act (Northern Ireland) 2015 (c. 5), s. 53(1), Sch. 19 para. 2(a); S.R. 2015/307, art. 2(1)(o)

F3

Word in art. 6(4) inserted (16.7.2015) by Pensions Act (Northern Ireland) 2015 (c. 5), s. 53(1), Sch. 19 para. 2(b); S.R. 2015/307, art. 2(1)(o)

Notes on the whole Order

Textual amendments

F1

functions transf. by SR 1999/481

F2

functions transf. by 2005 NI 1