PART IIOccupational Pensions

Supervision by the Authority

Appointment of trustees7

1

Where a trustee of a trust scheme is removed by an order under Article 3, F5by Article 3A orF1. . . by reason of his disqualification, the Authority may by order appoint another trustee in his place.

2

Where a trustee appointed under paragraph (1) is appointed to replace a trustee appointed underF1 Article 23(1), Articles 22 to 26 shall apply to the replacement trustee as they apply to a trustee appointed underF1 Article 23(1).

3

The Authority may also by order appoint a trustee of a trust scheme where they are satisfied that it is F2reasonable to do so in order—

a

to secure that the trustees as a whole have, or exercise, the necessary knowledge and skill for the proper administration of the scheme,

b

to secure that the number of trustees is sufficient for the proper administration of the scheme, F3. . .

c

to secure the proper use or application of the assets of the scheme.

F4, or

d

otherwise to protect the interests of the generality of the members of the scheme.

Para. (4) rep. by 2005 NI 1

5

The power to appoint a trustee by an order under this Article includes power by such an order—

a

to determine the appropriate number of trustees for the proper administration of the scheme,

b

to require a trustee appointed by the order to be paid fees and expenses out of the scheme's resources,

c

to provide for the removal or replacement of such a trustee.

F15A

An application may be made to the Authority in relation to a trust scheme by—

a

the trustees of the scheme,

b

the employer, or

c

any member of the scheme,

for the appointment of a trustee of the scheme under paragraph (3)(a) or (c).

6

Regulations may make provision about the descriptions of persons who may or may not be appointed trustees under this Article.