SCHEDULES

SCHEDULE 1 Application of 1993 and 1995 Acts to registered schemes

Section 6.

1

(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—

F1(a)

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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 F430 (trustees: general);

(iii)

sections 32 to 36 and 39 (functions of trustees) F5...;

(iv)

section 41 (functions of trustees or managers);

F6(v)

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);

F7(ix)

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(x)

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

F8(xi)

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F8(xii)

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F8(xiii)

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(xiv)

section 117 (overriding requirements); and

(xv)

sections 124 and 125 (interpretation)F9; 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 ActF10, and section 318(1) of the Pensions Act 2004, (as so applied) shall have effect as if the definition of “member” were omitted.

F11(6)

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.

F122

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F133

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