Content and effect of an Article 43 contribution noticeN.I.
45 .F1—(1) This Article applies where a contribution notice is issued to a person under Article 43.
(2) The contribution notice must—
(a)contain a statement of the matters which it is asserted constitute the non-compliance with the financial support direction in respect of which the notice is issued, and
(b)specify the sum which the person is stated to be under a liability to pay.
(3) The sum specified in the notice is to be treated as a debt due from the person to the trustees or managers of the scheme.
(4) The Regulator may, on behalf of the trustees or managers of the scheme, exercise such powers as the trustees or managers have to recover the debt.
(5) But during any assessment period (within the meaning of Article 116) in relation to the scheme, the rights and powers of the trustees or managers of the scheme in relation to any debt due to them by virtue of a contribution notice, are exercisable by the Board to the exclusion of the trustees or managers and the Regulator.
(6) Where, by virtue of paragraph (5), any amount is paid to the Board in respect of a debt due by virtue of a contribution notice, the Board must pay the amount to the trustees or managers of the scheme.
(7) The contribution notice must identify any other persons to whom contribution notices have been or are issued in respect of the non-compliance in question and the sums specified in each of those notices.
(8) Where the contribution notice so specifies, the person to whom the notice is issued ( “P”) is to be treated as jointly and severally liable for the debt with any persons specified in the notice who are persons to whom corresponding contribution notices are issued.
(9) For the purposes of paragraph (8), a corresponding contribution notice is a notice which—
(a)is issued in respect of the same non-compliance with the financial support direction as the non-compliance in respect of which P's contribution notice is issued,
(b)specifies the same sum as is specified in P's contribution notice, and
(c)specifies that the person to whom the contribution notice is issued is jointly and severally liable with P, or with P and other persons, for the debt in respect of that sum.
(10) A debt due by virtue of a contribution notice is not to be taken into account for the purposes of Article 75(2) and (4) of the 1995 Order (deficiencies in the scheme assets) when ascertaining the amount or value of the assets or liabilities of a scheme.
F1mod. by SR 2005/378