Article 22 shall apply in relation to such a scheme (notwithstanding that the scheme falls within any of the categories specified in sub-paragraphs (a) to (g) of regulation 5(1)) but the day referred to in regulation 2(a)(i) shall be the day which fell 3 years before section 115 started to apply in relation to the scheme.

Where, before 6th April 1997, a person has been appointed as an independent trustee in accordance with section 115, then so long as that person continues to satisfy the requirements of subsection (3) of that section (test of independence) and regulations made under it, regulation 2 (additional requirement for independent trustee) shall not apply.

Except as provided in paragraphs (2) and (3), Article 22 shall not apply in a case where the date on which the insolvency practitioner began to act or, as the case may be, the official receiver became the liquidator, provisional liquidator, receiver and manager, or trustee, in relation to the employer fell before 6th April 1997.