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M1(1)After every profit period of a registered scheme, the scheme employer shall, within the period allowed by subsection (2) below, send to the Board—
(a)a return in such form and containing such information as the Board may prescribe; and
(b)a report by an independent accountant in such form and containing such information as the Board may prescribe and stating that in his opinion the terms of the scheme have been complied with in respect of the profit period.
(2)Subject to subsection (3) below, the period allowed for complying with subsection (1) above is—
(a)seven months from the end of the profit period if the employment unit to which the scheme relates is an undertaking or part of an undertaking of a public company; and
(b)ten months from the end of the profit period in any other case.
(3)If before the end of the period allowed by subsection (2) above the scheme employer gives the Board notice that an extension of three months has been allowed under [F1section 244(3)] of the M2Companies Act 1985, or under Article 250(3) of the M3Companies (Northern Ireland) Order 1986, in relation to a financial year of the employer which corresponds with the profit period in question, then the period allowed by subsection (2) above shall be correspondingly extended.
(4)In subsection (2)(a) above, “public company” has the meaning given by section 1(3) of the Companies Act 1985 or Article 12(3) of the Companies (Northern Ireland) Order 1986.
[F2(5)Where—
(a)the scheme employer has died, but
(b)his personal representatives have not been substituted for him as the scheme employer by virtue of section 177A,
the reference in subsection (1) above to the scheme employer shall be construed as a reference to the personal representatives.]
Textual Amendments
F1Companies Act 1989 (c.40) s.23and Sch.10 para.38(2)in force on 1April 1990by virtue of S.I. 1990 No.355 (c.13), art.3 (not reproduced).Previously
“section 242(3)”.
F21989 s.61and Sch.4 para.6.
Marginal Citations
M1Source—1987 (No.2) s.12
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