SCHEDULES

SCHEDULE 1 Application of 1993 and 1995 Acts to registered schemes

Section 6.

I11

1

The provisions specified in sub-paragraph (2) shall apply as if any pension scheme established under a trust which—

a

is not an occupational pension scheme, but

b

is or has been registered under section 2,

were an occupational pension scheme.

2

The provisions are—

F1a

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b

the following provisions of Part I of the 1995 Act—

i

sections 3 to 11F2... and 15 (supervision by the Authority) F3except sections 7(5A)(b), 8(1)(a) and (c) and (2), 11(3A) and (3B) and 15(1),;

ii

sections 27 to F1230 (trustees: general);

iii

sections 32 to 36 and 39 (functions of trustees) F10...;

iv

section 41 (functions of trustees or managers);

F13v

section 47 (professional advisers);

vi

section 49 (receipts, payment and records) except subsections (5) and (8) to (13);

vii

section 50 (resolution of disputes);

viii

section 68 (power of trustees to modify scheme by resolution) except subsection (3);

F9ix

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x

sections 91, 92 and 94 (assignment and forfeiture etc.) except section 91(5)(d);

F5xi

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F5xii

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F5xiii

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xiv

section 117 (overriding requirements); and

xv

sections 124 and 125 (interpretation)F8; and

c

the following provisions of the Pensions Act 2004—

i

section 67 (accessibility of register of prohibited trustees);

ii

Chapters 4 and 5 of Part 2 (fraud compensation and information gathering);

iii

sections 247 to 249 (requirements for knowledge and understanding); and

iv

section 318 (interpretation).

3

Section 47(9) of the 1995 Act (as applied by sub-paragraph (1)) shall have effect as if the reference to any person who is or has been the employer were a reference to any person who, in pursuance of section 3(5), is or has been required—

a

to deduct an employee’s contributions to the scheme from his remuneration; and

b

to pay them to the trustees or managers of the scheme or to a prescribed person.

4

Section 68 of the 1995 Act (as so applied) shall have effect as if the purposes specified in subsection (2) included enabling the conditions set out in section 1 to be fulfilled in relation to the scheme.

5

Section 124(1) of the 1995 ActF4, and section 318(1) of the Pensions Act 2004, (as so applied) shall have effect as if the definition of “member” were omitted.

F116

Chapters 4 and 5 of Part 2 of the Pensions Act 2004 (as applied by sub-paragraph (1)) shall have effect with such modifications as the Secretary of State may prescribe by regulations.

F6I22

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F73

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