The Pension Protection Fund (Entry Rules) Regulations 2005

Refusal to assume responsibility – schemes which become eligible schemes

21.—(1) The prescribed period referred to in section 144(1) of the Act (schemes which become eligible schemes) throughout which the Board must be satisfied that an occupational pension scheme is not an eligible scheme shall—

(a) in the case of a scheme which was established at least three years before the date on which an assessment period began in relation to the scheme, be the period of three years preceding the date on which that assessment period began; and

(b) in the case of a scheme which was established less than three years before the date on which an assessment period began in relation to a scheme, be the period beginning with the date on which the scheme was established and ending on the date on which that assessment period began.

(2) Paragraph (1) shall have effect in relation to—

(a) a section of a segregated scheme;

(b) a multi-employer section of a segregated scheme; or

(c) a segregated part of—

(i) a multi-employer section of a segregated scheme; or

(ii) a non-segregated scheme,

as if that section, or segregated part, were a separate occupational pension scheme(1).

(1)

Section 146(1) of the Pensions Act 2004 is modified by the Pension Protection Fund (Multi-employer Schemes) (Modification) Regulations 2005 (S.I.2005/441) in its application to sections and multi-employer sections of segregated schemes and segregated parts of multi-employer sections of segregated schemes and non-segregated schemes.