The Pension Protection Fund (Provision of Information) (Amendment) Regulations 2006

Amendment of regulation 3 of the principal Regulations

2.—(1) Regulation 3 of the principal Regulations (information to be provided by the Board) shall be amended in accordance with the following provisions of this regulation.

(2) In paragraph (2), for “within the period of 28 days beginning with its receipt of that notice”, substitute “within the period specified in paragraph (12)”.

(3) After paragraph (2) insert—

“(2A) This paragraph applies where the Board receives a notice under section 120(2) from an insolvency practitioner that an insolvency event has occurred in relation to an employer, and—

(a) the scheme to which the notice relates is not an eligible scheme; or

(b) the section of the segregated scheme to which the notice relates is not an eligible section.

(2B) Where paragraph (2A) applies the Board shall within the period specified in paragraph (12) inform—

(a) the Regulator;

(b) the trustees or managers of that scheme or section of a segregated scheme; and

(c) that insolvency practitioner,

that the scheme is not an eligible scheme or, as the case may be, the section is not an eligible section.”.

(4) After paragraph (8)(1) add—

“(9) Where the Board receives—

(a) an application under section 129(1) (applications and notifications for the purposes of section 128) from the trustees or managers; or

(b) a notice under section 129(4) from the Regulator,

it shall provide the information specified in paragraph (10) to the persons specified in paragraph (11) within the period specified in paragraph (12).

(10) The information to be provided under paragraph (9) is—

(a) where the scheme is not an eligible scheme, that the scheme is not such a scheme;

(b) where the scheme is an eligible scheme, that the scheme is such a scheme and the date on which the assessment period began;

(c) where the section of the segregated scheme to which the application or, as the case may be, the notice relates is not an eligible section, that the section of the segregated scheme is not such a section; or

(d) where the section of the segregated scheme to which the application or, as the case may be, the notice relates is an eligible section, that the section of the segregated scheme is such a section and the date on which the assessment period began.

(11) The persons specified in this paragraph are—

(a) the Regulator;

(b) the trustees or managers of that scheme or section of a segregated scheme;

(c) the employer who is the employer in relation to that scheme or section of a segregated scheme; and

(d) the insolvency practitioner in relation to that employer.

(12) The Board shall provide the information specified in paragraph (3) or (10) within the period of 28 days beginning with—

(a) the date it receives the notice under section 120(2);

(b) the date it receives the application under section 129(1);

(c) the date it receives the notice under section 129(4);

(d) where the Board requires the—

(i) Regulator,

(ii) insolvency practitioner, or

(iii) trustees or managers,

to produce a document or provide information in connection with a notice given under section 120(2) or 129(4) or, as the case may be, an application under section 129(1), the date on which the document is produced to, or the information received by, either the Board or a person authorised by the Board for the purposes of section 191(2)(b) (notices requiring provision of information); or

(e) where a person is required to produce a document or provide information in connection with a notice given under section 191(1), the date on which the document is produced to, or the information received by, either the Board or a person authorised by the Board for the purposes of section 191(2)(b).

(13) This regulation does not impose any duty on the Board to provide any information to the trustees or managers of a scheme where the address of the trustees or managers has not been provided by the person who referred the notice or application to the Board.”.

(1)

Paragraphs (7) and (8) were added by S.I. 2005/2184.