The Pension Protection Fund (Multi-employer Schemes) (Modification) Regulations (Northern Ireland) 2005

Notification of insolvency events, confirmation of scheme status etc.

62.—(1) Article 104 (duty to notify insolvency events in respect of employers) shall be modified so that it shall be read as if, in its application to a non-segregated scheme to which paragraph (1) or (2) of regulation 61 applies –

(a) for paragraph (1) there were substituted the following paragraph –

“(1) This Article applies where, in the case of a multi-employer scheme which is not divided into two or more sections (“a non-segregated scheme”), an insolvency event occurs in relation to any employer in relation to the scheme.”; and

(b) after paragraph (2) there were inserted the following paragraph –

“(2A) Where the trustees or managers of a non-segregated scheme receive a notice from an insolvency practitioner under paragraph (2), they must send a copy of that notice as soon as practicable to all the employers in relation to the scheme.”.

(2) Article 106 (insolvency practitioner’s duty to issue notices confirming status of scheme) shall be modified so that it shall be read as if, in its application to a non-segregated scheme to which paragraph (1) or (2) of regulation 61 applies –

(a) for paragraph (1) there were substituted the following paragraph –

“(1) This Article applies where an insolvency event has occurred in relation to any employer in relation to a non-segregated scheme.”;

(b) in paragraph (2) for “the employer” there were substituted “each employer”;

(c) in paragraph (3)(a) for “the employer” there were substituted “an employer”;

(d) in paragraph (4) for “the employer” there were substituted “an employer”;

(e) in paragraph (6) for “the employer” there were substituted “an employer”; and

(f) after paragraph (6) there were inserted the following paragraph –

“(6A) Where the trustees or managers of a non-segregated scheme receive a notice issued by an insolvency practitioner or a former insolvency practitioner under paragraph (6), they must send a copy of that notice as soon as practicable to all the employers in relation to the scheme.”.

(3) Article 107 (approval of notices issued under Article 106) shall be modified so that it shall be read as if, in its application to a multi-employer scheme to which paragraph (1) or (2) of regulation 61 applies –

(a) for paragraph (1) there were substituted the following paragraph –

“(1) This Article applies where the Board receives a notice under Article 106(6) (“the Article 106 notice”) in relation to any employer in relation to a non-segregated scheme at a time when the Board has previously received such a notice in relation to all the other employers in relation to that scheme.”;

(b) for paragraph (2) there were substituted the following paragraph –

“(2) The Board must determine whether to approve the Article 106 notices received in relation to that employer.”;

(c) in paragraph (4) –

(i) in sub-paragraph (d) for “in relation to the employer” there were substituted “in relation to an employer”; and

(ii) in sub-paragraph (e) for “in relation to the employer, the employer” there were substituted “in relation to an employer, that employer”; and

(d) after paragraph (4) there were inserted the following paragraph –

“(4A) Where the trustees or managers of a non-segregated scheme receive a copy of a determination notice issued by the Board under paragraph (4), they must send a copy of that notice as soon as practicable to all the employers in relation to the scheme.”.

(4) Article 108 (Board’s duty where there is a failure to comply with Article 106) shall be modified so that it shall be read as if, in its application to a non-segregated scheme to which paragraph (1) or (2) of regulation 61 applies –

(a) in paragraph (1) for “This Article applies where, in relation to an occupational pension scheme” there were substituted “This Article applies where, in relation to a non-segregated scheme”;

(b) in paragraph (1)(a) and (b) for “the employer” there were substituted “an employer”;

(c) in paragraph (4) –

(i) in sub-paragraph (d) for “in relation to the employer” there were substituted “in relation to an employer”, and

(ii) in sub-paragraph (e) for “in relation to the employer, the employer” there were substituted “in relation to an employer, that employer”; and

(d) after paragraph (4) there were inserted the following paragraph –

“(4A) Where the trustees or managers of a non-segregated scheme receive a copy of a notice issued by the Board under Article 106 by virtue of this Article, they must send a copy of that notice as soon as practicable to all the employers in relation to the scheme.”.

(5) Article 109 (binding notices confirming status of scheme) shall be modified so that it shall be read as if, in its application to a non-segregated scheme to which paragraph (1) or (2) of regulation 61 applies –

(a) in paragraph (3) –

(i) in sub-paragraph (d) for “the employer” there were substituted “an employer”; and

(ii) in sub-paragraph (e) for “in relation to the employer, the employer” there were substituted “in relation to an employer, that employer”; and

(b) after paragraph (3) there were inserted the following paragraph –

“(3A) Where the trustees or managers of a non-segregated scheme receive a notice from the Board under paragraph (3) together with a copy of the binding notice, they must send a copy of the notice and the binding notice as soon as practicable to all the employers in relation to the scheme.”.