5Requirements for certification of schemes: general
(1)Subject to subsection (4), an occupational pension scheme can be contracted-out in relation to an earner’s employment only if it satisfies subsection (2) or (3).
(2)An occupational pension scheme satisfies this subsection only if—
(a)it complies in all respects with sections 9 to 20 or, in such cases or classes of case as may be prescribed, with those sections as modified by regulations; and
(b)the rules of the scheme applying to guaranteed minimum pensions are framed so as to comply with the relevant requirements.
(3)An occupational pension scheme satisfies this subsection only if—
(a)the requirements imposed by or by virtue of sections 18 and 22 to 28 and such other requirements as may be prescribed are satisfied in its case; and
(b)the rules of the scheme applying to protected rights are framed so as to comply with the relevant requirements.
(4)Where there are two or more occupational pension schemes in force in relation to an earner’s employment, none of which can by itself be a contracted-out scheme, the Board may, if they think fit, treat them for contracting-out purposes as a single scheme.
(5)A personal pension scheme can be an appropriate scheme only if—
(a)the requirements imposed by or by virtue of sections 22 to 28 and such other requirements as may be prescribed are satisfied in its case; and
(b)the rules of the scheme applying to protected rights are framed so as to comply with the relevant requirements.
(6)In this section “relevant requirements” means—
(a)the requirements of any regulations prescribing the form and content of rules of contracted-out or, as the case may be, appropriate schemes; and
(b)such other requirements as to form and content (not inconsistent with regulations) as may be imposed by the Board as a condition of contracting-out or, as the case may be, of being an appropriate scheme, either generally or in relation to a particular scheme.