(1)The Board may at any time, and shall if requested by the persons responsible under section 128 for taking steps to bring a scheme into conformity with the preservation requirements, F1. . . 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 80).
(4)The provisions referred to in subsection (3)(a) are any provision of Chapter II, III or IV of Part IV, section 106(1) or regulations under section 109 or 110.
Textual Amendments
F1Words in s. 129(1) repealed (1.1.1996) by S.I. 1995/3213 (N.I. 22), arts. 119, 168, Sch. 1 para. 25, Sch. 5 Pt. I (with art. 118(5)(6)); S.R. 1995/477, art. 2(b), Sch. Pt. II