Regulation 3 Manner of determination of contribution notice sum: transfer not amounting to act or failure to act

Where regulation 2 would apply but for the fact that the transfer of the members of the initial scheme is not determined by the Regulator to amount to an act or failure to act falling within Article 34(5) (contribution notices where avoidance of employer debt), the sum specified by the Regulator in the contribution notice may be either the whole or a specified part of the amount of the shortfall sum in the initial scheme at the relevant time which, in the Regulator’s opinion, is attributable to the members transferred.

In this regulation “shortfall sum” is to be construed, subject to paragraph (3), in accordance with Article 35 (the sum specified in an Article 34 contribution notice).

In estimating the amounts described in Article 35(2)(a) or (b) for the purposes of this regulation, the Regulator is to disregard any reduction of the liabilities of the initial scheme brought about by the transfer.