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

17. POWER OF AMENDMENT

17.1  Where a proposed amendment relates solely to the provisions of one Section, then that proposed amendment shall be subject to the Rules of that Section, and the rest of this Clause 17 shall not apply to it. Where a proposed amendment does not relate solely to the provisions of one Section then the rest of this Clause 17 shall apply to it. Amendments relating to the benefits and contributions of Members shall be subject to and only amended in accordance with the Rules of the relevant Section in which the Member participates.

17.2  Subject to Clause 17.3, the Principal Employer may with the consent of the Trustees at any time by supplemental deed amend the provisions of the Scheme by modifying altering deleting or adding to the provisions of it 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 provision 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(1) or to obtain and maintain a contracting-out certificate under the Pension Schemes Act 1993(2) 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 the 20th day of 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:

(i) make any monies of the Fund payable to the Employers except in so far as they are a surplus remaining after the termination of a Section;

(ii) 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,

(iii) 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 the Principal Employer of the one part and the Trustees then in office of the other part without the consent of every person in the S Category adversely affected by such amendments.

The Trustees shall have the right subject, where required in accordance with section 68 of the Pensions Act 1995(3), to the consent of the Principal Employer, to modify the Scheme 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 thereunder.

17.3  In proposing an amendment under Clause 17.2, the Principal Employer will consult with the Sponsoring Section Employer of the NATS Section and will not propose an amendment which would prejudice that Sponsoring Section Employer’s business and operational interests.

17.4  Without prejudice to the powers of the Principal Employer under this Clause 17, HIAL with the consent of the Principal Employer and the Trustees may amend the provisions of the Scheme in so far as they relate to HIAL Members. Any such amendment shall be subject otherwise to the provisions of Clause 17.2.

17.5  As soon as practicable after agreeing or deciding to amend the provisions of this Deed or the Rules in accordance with this Clause 17, being amendments to the documents constituting the Scheme 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)

1988 c. 1.

(2)

1993 c. 48.

(3)

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.