PART IIN.I.THE PENSIONS REGULATOR

Powers in relation to winding up of occupational pension schemesN.I.

Effect of determination to wind up scheme on freezing orderN.I.

23.—(1) This Article applies where—

(a)the Regulator determines to make an order under Article 11 of the 1995 Order (power to wind up occupational schemes) in relation to a scheme ( “a winding up order”),

(b)that determination is made during the period for which a freezing order has effect in relation to the scheme,

(c)the case is not one to which the special procedure in Article 93 applies (immediate exercise of powers where immediate risk to assets etc.), and

(d)the winding up order accordingly cannot be made until the expiry of the period specified in Article 91(5) (no exercise of powers during period of referral to the Tribunal etc.).

(2) In such a case the freezing order is to continue to have effect until—

(a)where the winding up order is made, it ceases to have effect under Article 24 from the time when that order is made, or

(b)the determination to make the winding up order is revoked.

(3) Paragraph (2) is subject to the Regulator's power under Article 96 to revoke the freezing order at any time.