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Version Superseded: 23/12/2008
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There are currently no known outstanding effects for the The Financial Assistance Scheme Regulations 2005, Section 9.
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9.—(1) An occupational pension scheme shall be a qualifying pension scheme for the purposes of these Regulations where—
(a)immediately before the time when the scheme began to wind up, it was neither a money purchase scheme nor a scheme of a description prescribed in regulation 10;
(b)the scheme began to wind up during the period beginning on 1st January 1997 and ending on 5th April 2005;
[F1(c)either—
(i)the employer in relation to that scheme satisfies the condition in regulation 11;
(ii)in relation to a multi-employer scheme, the condition in regulation 12 is satisfied;
(iii)in relation to a scheme which is not a multi-employer scheme and which began to wind up before 6th April 1997, the condition in regulation 12A(1) is satisfied;
(iv)in relation to a multi-employer scheme which began to wind up before 6th April 1997, the condition in regulation 12B(1) or (2) is satisfied;
(v)in relation to a scheme which is not a multi-employer scheme and which began to wind up on or after 6th April 1997 but before 11th June 2003, the condition in regulation 12A(2) is satisfied; or
(vi)in relation to a multi-employer scheme which began to wind up on or after 6th April 1997, the condition in regulation 12B(3) or (4) is satisfied;]
[F2(ca)[F3where paragraph (i) or (ii) of sub-paragraph (c) applies,] there was, in the opinion of the scheme manager, a relevant link between the commencement of the winding up of the scheme and the fact that the relevant condition mentioned in [F4those paragraphs] is satisfied; and]
(d)the details prescribed in regulation 14 have been notified to the scheme manager by a person, in the form and manner and before the date prescribed in that regulation.
[F5(1A) The relevant link mentioned in paragraph (1)(ca) is deemed to be established in relation to any employer in respect of which the relevant condition mentioned in paragraph (1)(c) is satisfied before 1st January 2009.]
(2) The following shall be treated as separate schemes for the purposes of these Regulations—
(a)in relation to an occupational pension scheme which is not a tax approved scheme but contains one or more sections which, by virtue of section 611(3) of the ICTA M1 (definition of “retirement benefits scheme”), are treated by the Commissioners of HMRC as a tax approved scheme, those sections which are so treated;
(b)sections of sectionalised multi-employer schemes as defined for the purposes of regulation 12,
and references in these Regulations to schemes shall be construed accordingly.
Textual Amendments
F1Reg. 9(1)(c) substituted (17.7.2008) by The Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2008 (S.I. 2008/1903), regs. 1, 7(1)(a)
F2Reg. 9(1)(ca) inserted (19.12.2007) by The Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/3581), regs. 1(1), 4(1)(b)
F3Words in reg. 9(1)(ca) inserted (17.7.2008) by The Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2008 (S.I. 2008/1903), regs. 1, 7(1)(b)
F4Words in reg. 9(1)(ca) substituted (17.7.2008) by The Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2008 (S.I. 2008/1903), regs. 1, 7(1)(c)
F5Reg. 9(1A) inserted (19.12.2007) by The Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/3581), regs. 1(1), 4(2)
Marginal Citations
M1Section 611(3) is amended by the Finance Act 1999, section 79 and Schedule 10 and by the Finance Act 2000 (c. 17), section 61 and Schedule 13.
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