The Occupational Pension Schemes (Member-nominated Trustees and Directors) Amendment Regulations 2002

Amendment of regulation 9

3.  In paragraph (2) of regulation 9(1) (proposals by the employer for alternative arrangements under section 17)—

(a) in sub-paragraph (a)—

(i) at the end of paragraph (ii) there shall be omitted the word “or”; and

(ii) for paragraph (iii) there shall be substituted the following paragraphs—

“(iii) except where paragraph (iv) applies, any time not less than ten years after the date applicable under paragraph (i) or, if such a notice as is mentioned in paragraph (ii) has been given, after the date mentioned in that paragraph; or

(iv) any time not less than four years after—

(aa) the date section 16 first applies to the scheme, where this occurs on or after 6th October 2002; or

(bb) the date mentioned in paragraph (ii) if such a notice as is mentioned in that paragraph is given on or after 6th October 2002;”; and

(b) for sub-paragraph (c) there shall be substituted the following sub-paragraphs—

“(c) in the case of a second or subsequent notice under paragraph (1)(a) which is given in respect of a scheme to which section 16 applies—

(i) except where paragraph (ii) applies, any time after the expiry of the period of ten years beginning with—

(aa) the date on which the last such notice was given to the trustees of the scheme;

(bb) the date which is the last permitted notice time falling within sub-paragraph (b)(i), or

(cc) in a case where the approval of alternative arrangements for the scheme has ceased to have effect by virtue of paragraph (1)(d)(ii) of regulation 20, the date on which it did so,

whichever is the latest; or

(ii) where the latest of the following dates—

(aa) the date on which the last such notice was given to the trustees of the scheme;

(bb) the date which is the last permitted notice time falling within sub-paragraph (b)(i), or

(cc) in a case where the approval of alternative arrangements for the scheme has ceased to have effect by virtue of paragraph (1)(d)(ii) of regulation 20, the date on which it did so,

occurs on or after 6th October 2002, any time after the expiry of the period of four years beginning with that latest date;

(d) at any other time provided that the trustees of the scheme have consented to the employer giving the notice under paragraph (1)(a) at that time.”.

(1)

Regulation 9 was amended by S.I. 1997/786.