Part 2The Board of the Pension Protection Fund

Chapter 2Information relating to employer’s insolvency etc

Status of scheme

123Approval of notices issued under section 122

1

This section applies where the Board receives a notice under section 122(6) (“the section 122 notice”).

2

The Board must determine whether to approve the section 122 notice.

3

The Board must approve the section 122 notice if, and only if, it is satisfied—

a

that the insolvency practitioner or former insolvency practitioner who issued the notice was required to issue it under that section, and

b

that the notice complies with any requirements imposed by virtue of subsection (8) of that section.

4

Where the Board makes a determination for the purposes of subsection (2), it must issue a determination notice and give a copy of that notice to—

a

the Regulator,

b

the trustees or managers of the scheme,

c

the insolvency practitioner or the former insolvency practitioner who issued the section 122 notice,

d

any insolvency practitioner in relation to the employer (who does not fall within paragraph (c)), and

e

if there is no insolvency practitioner in relation to the employer, the employer.

I15

In subsection (4) “determination notice” means a notice which is in the prescribed form and contains such information about the determination as may be prescribed.