In regulation 3(1) of the Occupational Pension Schemes (Winding up, etc.) Regulations (Northern Ireland) 200511 (schemes to which Article 73 of the 1995 Order does not apply) for sub-paragraph (h) there shall be substituted the following sub-paragraph—

“(h)

a scheme—

(i)

which has such a superannuation fund as is mentioned in section 615(6) of the Taxes Act 1988 (exemption from tax in respect of certain pensions), and

(ii)

in relation to which the trustees or managers are not—

(aa)

authorised under Article 264 of the 2005 Order (general authorisation to accept contributions from European employer), or

(bb)

approved under Article 265 of that Order (approval in relation to particular European employer) in relation to a European employer;”.