C1C2C4C3Part III Certification of Pension Schemes and Effects on Members’ State Scheme Rights and Duties
Pt. III: power to modify conferred (1.6.1996 for specified purposes, 6.4.1997 in so far as not already in force) by Pensions Act 1995 (c. 26), ss. 149(1), 180(1); S.I. 1996/778, art. 2(6); S.I. 1997/664, art. 2(3), Sch. Pt. 2
Pt. III applied (with modifications) (6.4.1997) by The Occupational Pension Schemes (Mixed Benefit Contracted-out Schemes) Regulations 1996 (S.I. 1996/1977), regs. 1(1), 2(4)(a)-(f)
Pt. III applied (with modifications) (6.4.1997) by The Contracting-out (Transfer and Transfer Payment) Regulations 1996 (S.I. 1996/1462), regs. 1(1), 12, 13, Sch. 2 (with reg. 14, Sch. 4)
C2C4C3Chapter I Certification
Alteration of scheme rules after certification
I138 Alteration of rules of appropriate schemes.
1
Where an appropriate scheme certificate has been issued, no alteration of the rules of the relevant scheme shall be made so as—
a
to affect any of the matters dealt with in sections 26 to 33; or
b
to cause the scheme to take a different permitted form from that previously taken,
F2...
F2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
Subsection (1) does not apply to an alteration of a prescribed description.
3
Subject to subsection (4), any alteration to which subsection (1) applies shall be voidF3....
4
F4Regulations made by virtue of subsection (2) may operate so as to validate with retrospective effect any alteration of the rules which would otherwise be void under this section.
5
This section shall continue in force in relation to a scheme after it has ceased to be an appropriate scheme so long as any person has protected rights under the scheme.
6
The reference in subsection (1)(b) to a permitted form is to one of the following forms, namely—
a
an arrangement for the issue of insurance policies or annuity contracts;
b
c
an arrangement for the investment of contributions in an interest-bearing account (including shares in or deposits with a building society (within the meaning of the M3Building Societies Act 1986));
F1d
an investment company with variable capital within the meaning of the Open-Ended Investment Companies (Investment Companies with Variable Capital) Regulations 1996.
F57
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Pt. III power to modify conferred by Social Security Administration Act 1992 (c. 5), s. 148 (as read with Pensions Act 1995 (c. 26), ss. 128(3)(4), 180(2) (with s. 128(5)(6)); Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 33(2)-(4), 86(1)(b)(2))