The Financial Assistance Scheme Regulations 2005

Qualifying pension schemes U.K.

9.—(1) An occupational pension scheme shall be a qualifying pension scheme for the purposes of these Regulations where—

(a) immediately before the time when the scheme began to wind up, it was neither a money purchase scheme nor a scheme of a description prescribed in regulation 10;

(b) [F1 except where paragraph (1B) [F2 or (1D)] applies,] the scheme began to wind up during the period beginning on 1^st January 1997 and ending on 5^th April 2005;

[F3 (c) either—

(i) the employer in relation to that scheme satisfies the condition in regulation 11;

(ii) in relation to a multi-employer scheme, the condition in regulation 12 is satisfied;

(iii) in relation to a scheme which is not a multi-employer scheme and which began to wind up before 6th April 1997, the condition in regulation 12A(1) is satisfied;

(iv) in relation to a multi-employer scheme which began to wind up before 6th April 1997, the condition in regulation 12B(1) or (2) is satisfied;

(v) in relation to a scheme which is not a multi-employer scheme and which began to wind up on or after 6th April 1997 but before 11th June 2003, the condition in regulation 12A(2) is satisfied; or

(vi) in relation to a multi-employer scheme which began to wind up on or after 6th April 1997, the condition in regulation 12B(3) or (4) is satisfied;]

[F4 (ca) [F5 where paragraph (i) or (ii) of sub-paragraph (c) applies,] there was, in the opinion of the scheme manager, a relevant link between the commencement of the winding up of the scheme and the fact that the relevant condition mentioned in [F6 those paragraphs] is satisfied; and]

(d) the details prescribed in regulation 14 have been notified to the scheme manager by a person, in the form and manner and before the date prescribed in that regulation.

[F7 (1A) The relevant link mentioned in paragraph (1)(ca) is deemed to be established in relation to any employer in respect of which the relevant condition mentioned in paragraph (1)(c) is satisfied before 1st January 2009.]

[F8 (1B) This paragraph applies where—

(a) the scheme began to wind up during the period beginning on 6th April 2005 and ending on 22nd December 2008;

(b) paragraph (i) or (ii) of paragraph (1)(c) applies by virtue of an insolvency event which occurred before 6th April 2005; and

(c) there has not been an insolvency event in relation to the relevant employer which would be a qualifying insolvency event for the purposes of section 127 or Article 111 (duty to assume responsibility for schemes following insolvency event) if the scheme were an eligible scheme.

(1C) In paragraph (1B)—

“eligible scheme” has the meaning given in section 126 or, as the case may be, Article 110 (eligible schemes);

“relevant employer” means the employer in relation to the scheme or, in relation to a multi-employer scheme, any employer or employers in relation to the scheme.]

[F9 (1D) This paragraph applies where—

(a) the scheme began to wind up during the period beginning on 23rd December 2008 and ending with the day before the day on which the Financial Assistance Scheme (Qualifying Pension Scheme Amendments) Regulations 2014 come into force;

(b) paragraph (i) or (ii) of paragraph (1)(c) applies by virtue of an insolvency event which occurred before 6th April 2005;

(c) there has not been an insolvency event in relation to the relevant employer which would be a qualifying insolvency event for the purposes of section 127 or Article 111 (duty to assume responsibility for schemes following insolvency event) if the scheme were an eligible scheme; and

(d) the relevant employer ceased to be an employer in relation to the scheme prior to 10th June 2011.

(1E) In paragraph (1D), “relevant employer” means the person who employed persons in the description or category of employment to which the scheme relates or related immediately before the time at which the scheme ceased to have any active members.

(1F) Where a scheme is a qualifying pension scheme for the purposes of these Regulations by virtue of paragraph (1D), that scheme is not an eligible scheme for the purposes of section 126(1)(b) or, as the case may be, Article 110(1)(b) (eligible schemes).]

(2) The following shall be treated as separate schemes for the purposes of these Regulations—

(a) in relation to an occupational pension scheme which is not a tax approved scheme but contains one or more sections which, by virtue of section 611(3) of the ICTA M1 (definition of “retirement benefits scheme”), are treated by the Commissioners of HMRC as a tax approved scheme, those sections which are so treated;

(b) sections of sectionalised multi-employer schemes as defined for the purposes of regulation 12,

and references in these Regulations to schemes shall be construed accordingly.

Textual Amendments

F1 Words in reg. 9(1)(b) inserted (23.12.2008) by The Financial Assistance Scheme (Amendment) Regulations 2008 (S.I. 2008/3069), regs. 1(1), 2(2) (with reg. 3)

F2 Words in reg. 9(1)(b) inserted (28.3.2014) by The Financial Assistance Scheme (Qualifying Pension Scheme Amendments) Regulations 2014 (S.I. 2014/837), regs. 1, 2(2)

F3 Reg. 9(1)(c) substituted (17.7.2008) by The Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2008 (S.I. 2008/1903), regs. 1, 7(1)(a)

F4 Reg. 9(1)(ca) inserted (19.12.2007) by The Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/3581), regs. 1(1), 4(1)(b)

F5 Words in reg. 9(1)(ca) inserted (17.7.2008) by The Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2008 (S.I. 2008/1903), regs. 1, 7(1)(b)

F6 Words in reg. 9(1)(ca) substituted (17.7.2008) by The Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2008 (S.I. 2008/1903), regs. 1, 7(1)(c)

F7 Reg. 9(1A) inserted (19.12.2007) by The Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/3581), regs. 1(1), 4(2)

F8 Reg. 9(1B)(1C) inserted (23.12.2008) by The Financial Assistance Scheme (Amendment) Regulations 2008 (S.I. 2008/3069), regs. 1(1), 2(3) (with reg. 3)

F9 Reg. 9(1D)-(1F) inserted (28.3.2014) by The Financial Assistance Scheme (Qualifying Pension Scheme Amendments) Regulations 2014 (S.I. 2014/837), regs. 1, 2(3)

Marginal Citations

M1 Section 611(3) is amended by the Finance Act 1999, section 79 and Schedule 10 and by the Finance Act 2000 (c. 17), section 61 and Schedule 13.