SCHEDULES
SCHEDULE 1 Application of 1993 and 1995 Acts to registered schemes
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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
ii
sections 27 to F1030 (trustees: general);
iii
sections 32 to 36 and 39 (functions of trustees) F12...;
iv
section 41 (functions of trustees or managers);
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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);
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x
sections 91, 92 and 94 (assignment and forfeiture etc.) except section 91(5)(d);
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xiv
section 117 (overriding requirements); and
xv
sections 124 and 125 (interpretation)F13; 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.
F96
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.
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