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12. The trustees or managers of a scheme are not required to give notice, under Article 207(2) (requirement to notify Regulator of failure likely to be of material significance), of a failure to make a payment in accordance with the schedule of contributions where they have given the Regulator notice of the failure under—
(a)Article 49(9)(b) of the 1995 Order(1) (failure to remit deductions from member’s earnings), or
(b)Article 26(7)(c) (failure to pay employer’s contributions in accordance with Regulator’s order).
Article 49(9)(b) was inserted by Article 11(1) of the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11))
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