The Transport Act 2000 (Civil Aviation Authority Pension Scheme) Order 2001

15. SECTION AMENDMENTS

15.1  This Rule applies where a proposed amendment relates solely to the provisions of the CAA Section (as referred to in Clause 17.1).

15.2  The Sponsoring Section Employer with the consent of the Trustees may at any time by supplemental deed amend the provisions of the CAA Section by modifying, altering, deleting or adding to the provisions of the CAA Section or by substituting new provisions to the exclusion of or in addition to all or any of the provisions for the time being in force:

(a) in order that the provisions of the trust deeds governing the Scheme shall conform with the requirements of a scheme capable of approval by the Board of Inland Revenue under Chapter I of Part XIV of the Taxes Act or to obtain and maintain a contracting-out certificate under the Pension Schemes Act 1993(1) in respect of the employment of the Members or any class of the Members or in order that the provisions of the said trust deeds shall effectively carry out the intentions of the Interim Deed and shall define and regulate the Scheme in accordance with the terms of any announcement made to Members and those eligible for membership prior to 20 November 1976;

(b) for any other purpose,

but no amendment shall alter the primary purpose of the Scheme or be such as to contravene the provisions of the Pensions Act 1995 in relation to the modification of schemes, and an amendment for any purpose other than those specified in paragraph (a) above shall not:

(a) make any monies of the Fund or the CAA Section payable to any Employer except in so far as they are a surplus remaining after the termination of the CAA Section and the dissolution of the Section Assets;

(b) affect in any way prejudicially the benefits and interests accrued or secured of any person in the S Category or reduce the accrued or prospective benefits of existing Members other than those in the S Category;

(c) result in the provisions of the Rules ceasing to fulfil the terms and conditions contained in paragraphs 1 and 2 of the Outline set out in the Third Schedule to the Interim Supplemental Deed dated 20 February 1979 made between (1) the Sponsoring Section Employer and (2) the Trustees then in office without the consent of every person in the S Category adversely affected by such amendments,

provided always that:

(i) an amendment to the provisions of the Scheme or the CAA Section (other than by operation of Rule 15.4) which would vary the rate of a HIAL Member’s ordinary contributions to the CAA Section or the benefits accruing under the CAA Section to a HIAL Member may be made only with the consent of HIAL or on the expiry of six months' written notice to HIAL of the proposed amendment; and

(ii) an amendment to the provisions of the Scheme which would amend the provisions of the CAA Section in relation only to HIAL Members shall not be made without the prior consent of the Board of Inland Revenue.

15.3  The Trustees shall have the right subject, where required in accordance with section 68 of the Pensions Act 1995(2), to the consent of the Sponsoring Section Employer, to modify the CAA Section by resolution for the purposes described in that section. Any such modification shall be subject to the provisions of that section and of any regulations made under it.

15.4  Without prejudice to the powers of the Sponsoring Section Employer under this Rule 15, HIAL with the consent of the Sponsoring Section Employer and the Trustees may amend the provisions of the CAA Section in so far as they relate to HIAL Members. Any such amendment shall be subject otherwise to the provisions of this Rule 15.

15.5  As soon as practicable after agreeing or deciding to amend the provisions of the CAA Section in accordance with this Rule 15, being amendments to the documents constituting the CAA Section or to information which any person has a right to receive in accordance with the Disclosure Regulations, the Trustees shall arrange for the relevant person or persons to be notified. If such person is a Member the Trustees shall notify or arrange for the notification of each Member affected thereby individually in writing or by exhibiting a notice at the relevant locations of work or employment and make the appropriate amendment taking into account any requirements of the Board of Inland Revenue, the Occupational Pensions Regulatory Authority or the Department of Social Security in respect thereof.

(1)

1993 c. 48.

(2)

Section 68 was amended by the Welfare Reform and Pensions Act 1999 (c. 30), section 84(1) and Schedule 12, Part I, paragraphs 43 and 54.