PART IISEGREGATED SCHEMES: SINGLE EMPLOYER SECTIONS

Application and effect2

1

This regulation applies to a section of a segregated scheme with one employer in relation to that section in circumstances where –

a

an insolvency event occurs in relation to an employer in relation to that section; or

b

the trustees or managers of the scheme become aware that the employer in relation to that section is unlikely to continue as a going concern and meets the requirements prescribed under paragraph (1)(b) of Article 113 (applications and notifications for the purposes of Article 112).

2

Except as otherwise provided in this Part, in a case to which this regulation applies –

a

Part III of the Order, except Chapter 4, shall be read as if it contained the modifications provided for by this Part; and

b

references in Part III of the Order, except in Chapter 4, to –

i

“scheme rules” shall be read as if they were references to “scheme rules relating to the section”;

ii

“the scheme” shall be read as if they were references to “the section”;

iii

“the employer” shall be read as if they were references to “the employer in relation to the section”, and

iv

“trustees or managers of the scheme” shall, in relation to a section of a segregated scheme, be read as if they were references to “trustees or managers with ultimate responsibility for the administration of the section”.

3

Paragraph (2) shall not have effect in relation to Article 157 (initial levy).