Part IIICertification of Pension Schemes and Effects on Members' State Scheme Rights and Duties

Chapter ICertification

General requirements for certification

12Determination of basis on which scheme is contracted-out

(1)A contracting-out certificate shall state whether the scheme is contracted-out by virtue of subsection (2) or (3) of section 9.

(2)Where a scheme satisfies both of those subsections the employers, in their application for a certificate, shall specify one of those subsections as the subsection by virtue of which they wish the scheme to be contracted-out.

(3)A scheme which has been contracted-out by virtue of one of those subsections may not become contracted-out by reason of the other except in prescribed circumstances.