The Personal Pension Schemes (Appropriate Schemes) Regulations 1988

Determination of question arising on an application with a view to the variation or surrender of an appropriate scheme certificate

9.—(1) Subject to the provisions of this regulation, the Board shall treat an application made with a view to the variation or surrender of an appropriate scheme certificate as an application for the determination of the question whether the certificate should be varied or, as the case may be, whether the scheme should cease to be an appropriate scheme; and subject to the provisions of paragraph (3) they shall determine the question as soon as practicable.

(2) The Board may refuse to give effect to an application if they are not satisfied that the applicant has complied with the provisions of regulation 7.

(3) The Board may defer making a determination until such documents and information as are mentioned in regulation 7(4) have been supplied.

(4) When the Board have made a determination under paragraph (1), they shall vary or accept the surrender of the certificate if such action would give effect to the determination, and inform the Secretary of State that they have done so.

(5) The date from which a surrender or variation is to have effect shall be that on which the determination is made, except that, where the person who made the application has requested that it should have effect from a specific date which is earlier or later than the date on which the determination is made, it may have effect from that specific date, so however that that date shall not be earlier than the date on which the Board receive the application, or later than the last day of the tax year in which the Board receive the application.

(6) Where the Board’s determination under this regulation does not give effect to the application, the Board shall notify the applicant in writing of the determination and of the reasons for it and shall refer him to the Board’s powers of review under section 67 of the Social Security Act 1973; and the applicant shall give notice in writing of the determination and the Board’s reasons for it, to—

(a) any member of the scheme who has protected rights under it; and

(b) any earner who, jointly with the trustees or managers of the scheme, has given in relation to the scheme a notice under section 1(9) of the Act which has not been cancelled,

by sending it to his last known address; and the document comprising the notice may be served by post.