PART IIOccupational Pensions

Receipts, payments and records

F1Record of winding-up decisions49A

1

Except in so far as regulations otherwise provide, the trustees or managers of an occupational pension scheme shall keep written records of—

a

any determination for the winding-up of the scheme in accordance with its rules,

b

decisions as to the time from which steps for the purposes of the winding-up of the scheme are to be taken,

c

determinations under Article 38,

d

determinations in accordance with the rules of the scheme to postpone the commencement of a winding-up of the scheme.

2

For the purpose of this Article—

a

the determinations and decisions of which written records must be kept under this Article include determinations and decisions by persons who—

i

are not trustees or managers of a scheme, but

ii

are entitled, in accordance with the rules of a scheme, to make a determination for its winding-up, and

b

regulations may, in relation to such determinations or decisions as are mentioned in sub-paragraph (a), impose obligations to keep written records on the persons making the determinations or decisions (as well as, or instead of, on the trustees or managers).

3

Regulations may provide for the form and content of any records that are required to be kept under this Article.

Para. (4) rep. by 2005 NI 1

5

Article 10 applies to any trustee or manager of a scheme who fails to take all such steps as are reasonable to secure compliance by the trustees or managers of that scheme with those obligations.