C5C4C6C7Part 2The Board of the Pension Protection Fund

Annotations:
Modifications etc. (not altering text)
C7

Pt. 2 applied in part (24.7.2014) by The Pensions Act 2011 (Transitional, Consequential and Supplementary Provisions) Regulations 2014 (S.I. 2014/1711), regs. 1(1), 42(1), 53, 57 (with regs. 6, 41, 44(1), 47(1), 69(2), 72(1), 76(1)); coming into force immediately after s. 29 of 2011 c. 19 - see S.I. 2014/1683, art. 2

C2C1Chapter 2Information relating to employer’s insolvency etc

Annotations:
Modifications etc. (not altering text)
C2

Pt. 2 modified in part (9.3.2005 for specified purposes, 1.4.2005 for specified purposes, 6.4.2005 in so far as not already in force (except ch. 4)) by The Pension Protection Fund (Multi-employer Schemes) (Modification) Regulations 2005 (S.I. 2005/441), regs. 1, 2-60, 71, 72

C1

Pt. 2 modified (8.3.2005 for specified purposes, 6.4.2005 in so far as not already in force) by The Pension Protection Fund (Partially Guaranteed Schemes) (Modification) Regulations 2005 (S.I. 2005/277), regs. 1(1), 2-11

Status of scheme

I2I4C1C2C3122C1C2Insolvency practitioner’s duty to issue notices confirming status of scheme

I31

This section applies where an insolvency event has occurred in relation to the employer in relation to an occupational pension scheme.

I32

An insolvency practitioner in relation to the employer must—

a

if he is able to confirm that a scheme rescue is not possible, issue a notice to that effect (a “scheme failure notice”), or

b

if he is able to confirm that a scheme rescue has occurred, issue a notice to that effect (a “withdrawal notice”).

I13

Subsection (4) applies where—

a

in prescribed circumstances, insolvency proceedings in relation to the employer are stayed or come to an end, or

b

a prescribed event occurs.

I34

If a person who was acting as an insolvency practitioner in relation to the employer immediately before this subsection applies has not been able to confirm in relation to the scheme—

a

that a scheme rescue is not possible, or

b

that a scheme rescue has occurred,

he must issue a notice to that effect.

I15

For the purposes of this section—

a

a person is able to confirm that a scheme rescue has occurred in relation to an occupational pension scheme if, and only if, he is able to confirm such matters as are prescribed for the purposes of this paragraph, and

b

a person is able to confirm that a scheme rescue is not possible, in relation to such a scheme if, and only if, he is able to confirm such matters as are prescribed for the purposes of this paragraph.

I36

Where an insolvency practitioner or former insolvency practitioner in relation to the employer issues a notice under this section, he must give a copy of that notice to—

a

the Board,

b

the Regulator, and

c

the trustees or managers of the scheme.

I37

A person must comply with an obligation imposed on him by subsection (2), (4) or (6) as soon as reasonably practicable.

I18

Regulations may require notices issued under this section—

a

to be in a prescribed form;

b

to contain prescribed information.