Pensions Act 1995

7 Appointment of trustees. E+W+S

(1) Where a trustee of a trust scheme is removed by an order under section 3, [F1 by section 3A] or F2 ... by reason of his disqualification, the Authority may by order appoint another trustee in his place.

(2) Where a trustee appointed under subsection (1) is appointed to replace a trustee appointed under [F3 section 23(1)], sections 22 to 26 shall apply to the replacement trustee as they apply to a trustee appointed under [F3 section 23(1)].

(3) The Authority may also by order appoint a trustee of a trust scheme where they are satisfied that it is [F4 reasonable] to do so in order—

(a) to secure that the trustees as a whole have, or exercise, the necessary knowledge and skill for the proper administration of the scheme,

(b) to secure that the number of trustees is sufficient for the proper administration of the scheme, F5 ...

(c) to secure the proper use or application of the assets of the scheme [F6 , or

(d) otherwise to protect the interests of the generality of the members of the scheme.]

F7 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) The power to appoint a trustee by an order under this section includes power by such an order—

(a) to determine the appropriate number of trustees for the proper administration of the scheme,

(b) to require a trustee appointed by the order to be paid fees and expenses out of the scheme’s resources,

(c) to provide for the removal or replacement of such a trustee.

[F8 (5A) An application may be made to the Authority in relation to a trust scheme by—

(a) the trustees of the scheme,

(b) the employer, or

(c) any member of the scheme,

for the appointment of a trustee of the scheme under subsection (3)(a) or (c).]

(6) Regulations may make provision about the descriptions of persons who may or may not be appointed trustees under this section.

Textual Amendments

F1 Words in s. 7(1) inserted (11.9.2014) by Pensions Act 2014 (c. 19), s. 56(1), Sch. 19 para. 3; S.I. 2014/2377, art. 2(1)(a)(i)(2)(l)

F2 Words in s. 7(1) repealed (6.4.2005) by Pensions Act 2004 (c. 35), s. 322(1), Sch. 12 para. 36(a), Sch. 13; S.I. 2005/695, art. 2(7), Sch. 1

F3 Words in s. 7(2) substituted (6.4.2005) by Pensions Act 2004 (c. 35), s. 322(1), Sch. 12 para. 36(b); S.I. 2005/695, art. 2(7), Sch. 1

F4 Word in s. 7(3) substituted (26.1.2009) by Pensions Act 2008 (c. 30), ss. 131(1)(a), 149(5)

F5 Word in s. 7(3)(b) repealed (26.1.2009) by Pensions Act 2008 (c. 30), ss. 131(1)(b), 149(5), Sch. 11 Pt. 6

F6 S. 7(3)(d) and preceding word inserted (26.1.2009) by Pensions Act 2008 (c. 30), ss. 131(1)(c), 149(5)

F7 S. 7(4) repealed (6.4.2005) by Pensions Act 2004 (c. 35), ss. 35(1)(a), 322(1), Sch. 13 (with s. 313); S.I. 2005/275, art. 2(7), Sch. Pt. 7

F8 S. 7(5A) inserted (6.4.2005) by Pensions Act 2004 (c. 35), ss. 35(1)(b), 322(1) (with s. 313); S.I. 2005/275, art. 2(7), Sch. Pt. 7

Modifications etc. (not altering text)

C1 Ss. 3-11 modified in part (11.11.1999 for specified purposes; 1.10.2000 in so far as not already in force) by the Welfare Reform and Pensions Act 1999 (c. 30), s. 89(5)(a), Sch. 1 para. 1(1)(2)(b)(i); S.I. 2000/1047, art. 2(2)(c), Sch. Pt. III (as amended (6.4.2005) by Pensions Act 2004 (c. 35), s. 322(1), Sch. 12 para. 76(2)(a))

Commencement Information

I1 S. 7 in force at 6.4.1997 by S.I. 1997/664, art. 2(3), Sch. Pt. 3