Scheme in respect of which there are no members in pensionable service
4. In the application of section 58B of the Act to a scheme in respect of which there are no members who are in pensionable service under the scheme, as defined in paragraph 3 of Schedule 16 to the Social Security Act 1973—
(a) that section is modified in the manner provided by regulation 3(b)(ii) above; and
(b) where there is more than one employer within the meaning of that term as modified by paragraph (a) above, that section is further modified in the manner provided by regulation 3(a) and (b)(i) above.