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The Personal Pension Schemes (Appropriate Schemes) Regulations 1988
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- UK Statutory Instruments
- 1988 No. 137
- Regulation 10
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Other circumstances in which the Board may cancel an appropriate scheme certificate
10.—(1) Where the Board have reason to suppose that any scheme to which an appropriate scheme certificate applies should not continue to be an appropriate scheme, and the administrators of the scheme have not shown to the satisfaction of the Board that it should so continue, the Board may determine that the scheme should not continue to be treated as an appropriate scheme; where they so determine, they shall cancel the certificate with effect from such date as they may specify (subject to paragraph (2)); the Board shall notify the administrators of the scheme in writing of their determination and the reasons for it and shall refer them to the Board’s powers of review under section 67 of the Social Security Act 1973, and shall also notify the Secretary of State of their determination.
(2) The date from which the cancellation is to have effect shall be the date on which the certificate is cancelled, except that, where the Board consider that the scheme has failed to satisfy the requirements for continuing to be an appropriate scheme before that date, they may cancel the certificate with effect from an earlier date, so however that that earlier date—
(a)shall not be a date other than 6th April in any year; and
(b)shall not be earlier than 6th April in the tax year in which the Board consider that the scheme first failed to satisfy those requirements.
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