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Regulation 23 Fraud compensationI1I2

England, Wales and Scotland

(1)

This paragraph applies to a scheme when all the following conditions are met—

(a)

the scheme has been authorised by the Regulator under section 5 of the Act;

(b)

there are one or more scheme funders and a triggering event within item 4 or 5 of the table in section 21(6) of the Act has occurred in relation to every scheme funder;

(c)

the scheme is pursuing continuity option 1; and

(d)

the trustees have submitted the implementation strategy to the Regulator.

(2)

Where paragraph (1) applies, the following enactments have effect in relation to the scheme with the following modifications—

(a)

in the 2004 Act, omit—

(i)

section 182(1)(c), (2) to (4), 6(a), (8) and (9) (insolvency of employers);

(ii)

the words “the later of” in section 182(6);

(iii)

the definition of “relevant event” in section 182(10);

(iv)

section 183 (board’s duties where employer unlikely to continue as a going concern);

(v)

section 185(5)(d) (board’s duty to give notice to the insolvency practitioner or the employer) and the “and” before it;

(vi)

paragraph 21 of Schedule 9 (issue of a notice under section 183);

(b)

in the Occupational Pension Schemes (Fraud Compensation Payments and Miscellaneous Amendments) Regulations 2005f1—

(i)

omit regulation 2(1)(ka)f2;

(ii)

in regulation 2(2), for “(ka)” substitute “(k)”;

(iii)

in regulation 5(3)—

(aa)

in sub-paragraph (c), for “employer” substitute “each scheme funder (as defined in section 39(1) of the Pension Schemes Act 2017)”;

(bb)

for sub-paragraph (e), substitute—

“(e)

the date the triggering event (as defined in section 39(1) of the Pension Schemes Act 2017) occurred;”;

F1(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations

Textual amendments

F1

Reg. 23(2)(c) omitted (1.4.2022) by virtue of The Occupational Pension Schemes (Fraud Compensation Levy) (Amendment) Regulations 2022 (S.I. 2022/259), regs. 1, 4

Commencement

I1

Reg. 23(1)(2)(a)(b)(iii)(c) in force at 1.10.2018, see reg. 1(2)

I2

Reg. 23(2)(b)(i)(ii) in force at 1.4.2019, see reg. 1(3)

Footnotes

f1

S.I. 2005/2184.

f2

Regulation 2(1)(ka) was inserted, and regulation 2(2) amended, by article 2 of the National Employment Savings Trust (Consequential Provisions) Order 2010 (S.I. 2010/9).