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Schemes within Article 22: appointment of independent trustee

2.—(1) A person who is subject to the duty under Article 23(1)(b) (duty of insolvency practitioner or official receiver to appoint an independent trustee of a trust scheme where he is not satisfied that at least one of the scheme’s trustees is an independent person) shall perform that duty before the end of the period of 3 months beginning with—

(a)the date on which the person first becomes aware that Article 22(1) applies in relation to the scheme in question, or

(b)the date on which the duty arises,

whichever is the later.

(2) Article 26A(1)(2) (trustees' duty to give notice to the Authority as soon as reasonably practicable after it first appears to any of them as mentioned in Article 26A(1)(a) and (b) that the scheme appears to be without an independent trustee) shall have effect as if for “as soon as reasonably practicable” there were substituted “within the period of one month”.

(3) Article 26A(2) (duty of every person involved in the administration of a scheme to give notice to the Authority as soon as reasonably practicable after it first appears to him that the scheme is without trustees) shall have effect as if for “as soon as reasonably practicable” there were substituted “within the period of one month”.

(1)

Article 22 was amended by section 43(1) of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000

(2)

Article 26A was inserted by section 43(2) of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000