Duty to assume responsibility for schemes
48.—(1) Article 111 (duty to assume responsibility for schemes following insolvency event) shall be modified in its application to a segregated part to which regulation 45 applies so that it shall be read as if in paragraph (2)(a) for the words after “at the relevant time” there were substituted “, as determined by the Board’s valuation of the scheme under Article 127, was less than the amount of the protected liabilities of that part as determined by that valuation”.
(2) Article 112 (duty to assume responsibility for schemes following application or notification) shall be modified in its application to a segregated part to which regulation 45 applies so that it shall be read as if in paragraph (2)(a) for the words after “at the relevant time” there were substituted “, as determined by the Board’s valuation of the scheme under Article 127, was less than the amount of the protected liabilities of that part as determined by that valuation”.
(3) Article 113 (applications and notifications for the purposes of Article 112) shall be modified in its application to a segregated part to which regulation 45 applies so that it shall be read as if –
(a)after paragraph (1) there were inserted the following paragraph –
“(1A) Where the trustees or managers of a segregated part of a non-segregated scheme make an application to the Board under paragraph (1), they must issue a notice to that effect as soon as practicable to all the employers in relation to the scheme.”; and
(b)after paragraph (5) there were inserted the following paragraph –
“(5A) Where the trustees or managers of a segregated part of a non-segregated scheme receive a notice from the Board under paragraph (5), they must send a copy of that notice as soon as practicable to all the employers in relation to the scheme.”.