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The Pension Protection Fund (Entry Rules) Regulations 2005

Changes over time for: Section 12

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Confirmation of scheme status by Board – multi-employer schemesE+W+S

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12.—(1) This regulation applies to—

(a)a non-segregated scheme; or

(b)a multi-employer section of a segregated scheme,

the rules of which do not contain a provision for the partial winding up of the scheme, or the section, in circumstances where an employer in relation to the scheme, or the section, ceases to participate in the scheme.

(2) Where, under section 122(2)(a) of the Act (insolvency practitioner's duty to issue notices confirming status of scheme), an insolvency practitioner is required to issue a scheme failure notice in relation to a multi-employer section of a segregated scheme or a non-segregated scheme to which this regulation applies, regulation 9(2) shall have effect and shall be read as if—

(a)in the case of a multi-employer section of a segregated scheme—

(i)for the words “no other person or other persons has or have assumed responsibility for meeting the employer's pension liabilities under the scheme” in sub-paragraph (a)(ii)(aa), there were substituted the words “ no other person or other persons has or have assumed responsibility for meeting all of the pension liabilities under the section ”; and

(ii)for the words “the insolvency practitioner is of the opinion that the employer's pension liabilities under the scheme will not be assumed by another person” in sub-paragraph (a)(ii)(bb), there were substituted the words “ the insolvency practitioner is of the opinion that all of the pension liabilities under the section will not be assumed by another person ”; and

(b)in the case of a non-segregated scheme—

(i)for the words “no other person or other persons has or have assumed responsibility for meeting the employer's pension liabilities under the scheme” in sub-paragraph (a)(ii)(aa), there were substituted the words “ no other person or other persons has or have assumed responsibility for meeting all of the pension liabilities under the scheme ”; and

(ii)for the words “the insolvency practitioner is of the opinion that the employer's pension liabilities under the scheme will not be assumed by another person” in sub-paragraph (a)(ii)(bb), there were substituted the words “ the insolvency practitioner is of the opinion that all of the pension liabilities under the scheme will not be assumed by another person ”.

(3) Where, under section 122(2)(b) of the Act (insolvency practitioner's duty to issue notices confirming status of scheme), an insolvency practitioner is required to issue a scheme rescue notice in relation to a multi-employer section of a segregated scheme or a non-segregated scheme to which this regulation applies, regulation 9(1) shall have effect and shall be read as if—

(a)in the case of a multi-employer section of a segregated scheme—

(i)for the words “retains responsibility for meeting the pension liabilities under the scheme” in each place where they appear, there were substituted the words “ assumes responsibility for meeting all of the pension liabilities under the section ”; and

(ii)for the words “another person or other persons has or have assumed responsibility for meeting the employer's pension liabilities under the scheme” in each place where they appear, there were substituted the words “ another person or other persons has or have assumed responsibility for meeting all of the pension liabilities under the section ”; and

(b)in the case of a non-segregated scheme—

(i)for the words “retains responsibility for meeting the pension liabilities under the scheme” in each place where they appear, there were substituted the words “ assumes responsibility for meeting all of the pension liabilities under the scheme ”; and

(ii)for the words “another person or other persons has or have assumed responsibility for meeting the employer's pension liabilities under the scheme” in each place where they appear, there were substituted the words “ another person or other persons has or have assumed responsibility for meeting all of the pension liabilities under the scheme ”.

(4) Where, under section 130(2) of the Act (Board's duty to issue notices confirming status of scheme), the Board is required to issue a scheme failure notice in relation to a multi-employer section of a segregated scheme or a non-segregated scheme to which this regulation applies, regulation 10(3) shall have effect and shall be read as if—

(a)in the case of a multi-employer section of a segregated scheme—

(i)for the words “no other person or other persons has or have assumed responsibility for meeting the employer's pension liabilities under the scheme” in sub-paragraph (a)(ii)(aa), there were substituted the words “ no other person or other persons has or have assumed responsibility for meeting all of the pension liabilities under the section ”; and

(ii)for the words “the Board is of the opinion that the employer's pension liabilities under the scheme will not be assumed by another person” in sub-paragraph (a)(ii)(bb), there were substituted the words “ the Board is of the opinion that all of the pension liabilities under the section will not be assumed by another person ”; and

(b)in the case of a non-segregated scheme—

(i)for the words “no other person or other persons has or have assumed responsibility for meeting the employer's pension liabilities under the scheme” in sub-paragraph (a)(ii)(aa), there were substituted the words “ no other person or other persons has or have assumed responsibility for meeting all of the pension liabilities under the scheme ”; and

(ii)for the words “the Board is of the opinion that the employer's pension liabilities under the scheme will not be assumed by another person” in sub-paragraph (a)(ii)(bb), there were substituted the words “ the Board is of the opinion that all of the pension liabilities under the scheme will not be assumed by another person ”.

(5) Where, under section 130(3) of the Act (Board's duty to issue notices confirming status of scheme), the Board is required to issue a scheme rescue notice in relation to a multi-employer section of a segregated scheme or a non-segregated scheme to which this regulation applies, regulation 10(2) shall have effect and shall be read as if—

(a)in the case of a multi-employer section of a segregated scheme—

(i)for the words “retains responsibility for meeting the pension liabilities under the scheme” in sub-paragraph (a)(i), there were substituted the words “ assumes responsibility for meeting all of the pension liabilities under the section ”; and

(ii)for the words “the Board is satisfied that another person or other persons has or have assumed responsibility for meeting the employer's pension liabilities under the scheme” in sub-paragraph (b), there were substituted the words “ the Board is satisfied that another person or other persons has or have assumed responsibility for meeting all of the pension liabilities under the section ”; and

(b)in the case of a non-segregated scheme—

(i)for the words “retains responsibility for meeting the pension liabilities under the scheme” in sub-paragraph (a)(i), there were substituted the words “ assumes responsibility for meeting all of the pension liabilities under the scheme ”; and

(ii)for the words “the Board is satisfied that another person or other persons has or have assumed responsibility for meeting the employer's pension liabilities under the scheme” in sub-paragraph (b), there were substituted the words “ the Board is satisfied that another person or other persons has or have assumed responsibility for meeting all of the pension liabilities under the scheme ”.

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