PART IIITHE BOARD OF THE PENSION PROTECTION FUND

CHAPTER 3PENSION PROTECTION

Valuation of assets and liabilities

Binding valuations129.

(1) F1

For the purposes of this Chapter a valuation obtained under Article F2127(2)(b) is not binding until—

(a)

it is approved under Article 128,

(b)

the period within which the approval may be reviewed by virtue of Chapter 6 has expired, and

(c)

if the approval is so reviewed—

(i)

the review and any reconsideration,

(ii)

any reference to the PPF Ombudsman in respect of the approval, and

(iii)

any appeal against his determination or directions,

has been finally disposed of.

(2) F3

F1Subject to Article 156(3) and (4) (treatment of fraud compensation payments), for the purposes of determining whether or not the condition in Article 111(2)(a) or, as the case may be, 112(2)(a) (condition that scheme assets are less than protected liabilities) is satisfied in relation to a scheme, a binding valuation is conclusive.

(3)

Where a valuation becomes binding under this Article the Board must as soon as reasonably practicable give a notice to that effect together with a copy of the binding valuation to—

(a)

the Regulator,

(b)

the trustees or managers of the scheme, and

(c) F1

any insolvency practitioner in relation to the employer or, if there is no such insolvency practitioner, the employer.

F1(4)

A notice under paragraph (3) must be in the prescribed form and contain the prescribed information.