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Pensions Act 2008
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- UK Public General Acts
- 2008 c. 30
- SCHEDULE 1
- Part 1
- Disqualification and removal
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Changes over time for: Cross Heading: Disqualification and removal
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Pensions Act 2008, Cross Heading: Disqualification and removal is up to date with all changes known to be in force on or before 04 January 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Disqualification and removalU.K.
3(1)A person is disqualified for appointment as a member if—U.K.
(a)prohibited by an order under section 3 of the Pensions Act 1995 (c. 26) or Article 3 of the Pensions (Northern Ireland) Order 1995 (S.I. 1995/3213 (N.I. 22)) from being a trustee of trust schemes in general, or
(b)suspended by an order under section 4 of that Act or Article 4 of that Order as a trustee of any scheme.
(2)While the trustee corporation is a trustee of a scheme established under section 67, section 3 of that Act applies in relation to being a member of the trustee corporation as it applies in relation to being a trustee of the scheme.
(3)The Pensions Regulator may also make an order under section 3 of that Act as applied by sub-paragraph (2) at any time when it would have power to make an order under section 4 of that Act (suspension) if the person were a trustee of the scheme.
4(1)A person is disqualified for appointment as a member if disqualified under section 29 of the Pensions Act 1995 or Article 29 of the Pensions (Northern Ireland) Order 1995 (S.I. 1995/3213 (N.I. 22)) for being a trustee of a trust scheme.U.K.
(2)A person is not disqualified under this paragraph if the Pensions Regulator has given the person a general waiver under section 29(5) of that Act or Article 29(5) of that Order.
(3)The Pensions Regulator may, on the application of a person disqualified under this paragraph, give the person notice in writing waiving the disqualification.
(4)A member who becomes disqualified under sub-paragraph (1) ceases to be a member.
5U.K.The Secretary of State may remove a member from office if satisfied that the member—
(a)has a conflict of interest,
(b)is unfit for office by reason of misconduct,
(c)has failed to comply with the terms of appointment,
(d)has without reasonable excuse failed to discharge the functions of the office, or
(e)is otherwise incapable of discharging, or unfit or unwilling to discharge, the functions of the office.
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