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3. The Board shall not exercise their discretion to approve a scheme by virtue of section 591 of the Act in circumstances where the scheme is a small self-administered scheme and—
(a)the Board have previously approved such a scheme—
(i)of which an employee of any employer in relation to the scheme has at any time been a scheme member, and
(ii)to which any such employer was entitled to pay contributions, and
(iii)which has not been wound up; or
(b)subject to regulation 11, the governing instrument of the scheme does not contain provisions of a description specified in regulations 4 to 10.
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