C6C4C7Part 2The Board of the Pension Protection Fund

Annotations:
Modifications etc. (not altering text)

C2C1C3Chapter 3Pension protection

Annotations:
Modifications etc. (not altering text)
C2

Pt. 2 modified in part (9.3.2005 for specified purposes, 1.4.2005 for specified purposes, 6.4.2005 in so far as not already in force (except ch. 4)) by The Pension Protection Fund (Multi-employer Schemes) (Modification) Regulations 2005 (S.I. 2005/441), regs. 1, 2-60, 71, 72

C1

Pt. 2 modified (8.3.2005 for specified purposes, 6.4.2005 in so far as not already in force) by The Pension Protection Fund (Partially Guaranteed Schemes) (Modification) Regulations 2005 (S.I. 2005/277), regs. 1(1), 2-11

C3

Pt. 2 applied in part (with modifications) (20.7.2005 for specified purposes, 1.9.2005 for specified purposes, 5.12.2005 for specified purposes) by The Financial Assistance Scheme Regulations 2005 (S.I. 2005/1986), regs. 1(1), 4, Sch. 1

Valuation of assets and liabilities

C5143AF1Determinations under section 143

1

Where the Board makes a determination under section 143(2)(a) it must give a copy of the determination to—

a

the Regulator,

b

the trustees or managers of the scheme, and

c

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

2

For the purposes of this Chapter a determination under section 143(2)(a) is not binding until—

a

the period within which the determination may be reviewed by virtue of Chapter 6 has expired, and

b

if the determination is so reviewed—

i

the review and any reconsideration,

ii

any reference to the PPF Ombudsman in respect of the determination, and

iii

any appeal against the PPF Ombudsman's determination or directions,

has been finally disposed of.

3

For the purposes of determining whether or not the condition in section 127(2)(a) or, as the case may be, section 128(2)(a) (condition that scheme assets are less than protected liabilities) is satisfied in relation to a scheme, a binding determination under section 143(2)(a) is conclusive.

This subsection is subject to section 172(3) and (4) (treatment of fraud compensation payments).

4

Where a determination under section 143(2)(a) becomes binding under this section the Board must as soon as reasonably practicable give a notice to that effect together with a copy of the binding determination to—

a

the Regulator,

b

the trustees or managers of the scheme, and

c

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

5

A notice under subsection (4) must be in the prescribed form and contain the prescribed information.