Part 5Civil recovery of the proceeds etc. of unlawful conduct

Chapter 2Civil recovery in the High Court or Court of Session

Vesting and realisation of recoverable property

274 Consequential adjustment of liabilities under pension schemes

(1)

A recovery order made by virtue of section 273(2) must require the trustees or managers of the pension scheme to make such reduction in the liabilities of the scheme as they think necessary in consequence of the payment made in pursuance of that subsection.

(2)

Accordingly, the order must require the trustees or managers to provide for the liabilities of the pension scheme in respect of the respondent’s recoverable property to which section 273 applies to cease.

(3)

So far as the trustees or managers are required by the recovery order to provide for the liabilities of the pension scheme in respect of the respondent’s recoverable property to which section 273 applies to cease, their powers include (in particular) power to reduce the amount of—

(a)

any benefit or future benefit to which the respondent is or may be entitled under the scheme,

(b)

any future benefit to which any other person may be entitled under the scheme in respect of that property.