Pension Schemes Act 1993

133 Advice of the Board as to conformity of schemes with requirements

(1) The Board may at any time, and shall if requested by the persons responsible under section 132 for taking steps to bring a scheme into conformity with the preservation requirements, the equal access requirements or the voluntary contributions requirements, advise whether the rules of a scheme to which those requirements apply do or do not in the Board’s opinion conform with any of those requirements.

(2) Where the Board advise that the rules do not conform, they shall indicate what steps they consider should be taken with a view to securing conformity.

(3) The Board may at any time, and shall if requested by the trustees or managers of a scheme, advise on any question whether—

(a) any provision mentioned in subsection (4) does or does not override any provision of a scheme;

(b) any benefit is a money purchase benefit, or an average salary benefit or a flat rate benefit (within the meaning of section 84).

(4) The provisions referred to in subsection (3)(a) are any provision of Chapter II, III or IV of Part IV, section 110(1) or regulations under section 113 or 114.