Railways Act 1993

Amendment of existing schemes U.K.

3 (1) The Secretary of State may by order amend—

(a) the trust deed of any existing scheme;

(b) the rules of any such scheme; or

(c) any other instrument relating to the constitution, management or operation of any such scheme;

and any reference in this Schedule to amending an existing scheme accordingly includes a reference to amending any such trust deed, rules or other instrument.

(2) Without prejudice to the generality of sub-paragraph (1) above, an order under this paragraph may, in particular, amend an existing scheme so as to alter any provision, or so as to make provision, with respect to any of the matters specified in paragraphs (a) to (f) of paragraph 2(2) above.

(3) An order under this paragraph shall not make any amendment to a scheme—

(a) which would prejudice any approval of that scheme for the purposes of Chapter I of Part XIV of the M1 Income and Corporation Taxes Act 1988 (retirement benefit schemes);

(b) which would prevent the scheme from being a contracted-out scheme for the purposes of Part III of the M2 Pension Schemes Act 1993 or Part III of the M3 Pension Schemes (Northern Ireland) Act 1993;

(c) which would to any extent deprive a member of the scheme of pension rights which accrued to him under the scheme before the coming into force of the amendment; or

(d) which would provide for persons who are not eligible persons to become members of the scheme.

(4) The Secretary of State shall not make an order under this paragraph except [F1 with the consent of] the trustees of the occupational pension scheme to which the order relates.

Textual Amendments

F1 Words in Sch. 11 para. 3(4) substituted (1.2.2001) by 2000 c. 38, s. 252, Sch. 27 para. 49(3); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

Marginal Citations

M1 1988 c. 1.

M2 1993 c. 48.

M3 1993 c. 49.