Applications for approval in relation to particular European employer: established schemes which are carrying on cross-border activity10
1
This regulation applies where—
a
a scheme is a pre-23rd September 2005 scheme, and
b
the trustees or managers of that scheme make an application for approval under section 289 in relation to one or more European employers within the period of three months beginning on the commencement date; F3or
F4c
the trustees or managers of that scheme make an application for approval under section 289 in relation to one or more European employers on or after the end of that period.
2
F5Subject to paragraph (3) or (4), the information to be contained in the notice of intention relating to such an application, where the application is made before 22nd September 2008 in addition to the information specified in section 289(1)(a) to (c), shall be determined—
a
in the case of a money purchase scheme, in accordance with the provisions of paragraph 6(1), (2), (3) and (7) of Schedule 1, or
b
in the case of a scheme which is not a money purchase scheme, in accordance with the provisions of paragraph 6(1), (2), (5) and (7) of that Schedule.
F13
Where—
a
the trustees or managers of a F2pre-23rd September 2005 scheme make such an application on or before 29th March 2006;
b
that application is made in a form which—
i
includes the information specified in section 289(1)(a) to (c); and
ii
in the case of—
aa
a money purchase scheme, provides as much of the information specified in paragraph (2)(a) as is readily available to those trustees or managers on the day on which the notice of intention is given; or
bb
a scheme which is not a money purchase scheme, provides as much of the information specified in paragraph (2)(b) as is readily available to those trustees or managers on the day on which the notice of intention is given; and
c
those trustees or managers provide all of the remaining information specified in paragraph (2)(a) or (b), as the case may be, on or before 15th May 2006;
that application shall be deemed to have been made on the day on or before 29th March 2006 on which the notice of intention was first given.
F64
In a case where an application is made on or after 22nd September 2008—
a
where the scheme is a money purchase scheme, such an application shall be made in accordance with the provisions of paragraph 6(1), (2), (3) and (7) of Schedule 1; or
b
where the scheme is not a money purchase scheme, such an application shall be made in accordance with the provisions of paragraph 6(1), (2), (4) and (7) of that Schedule.