The Occupational Pension Schemes (Cross-border Activities) Regulations 2005

Applications for approval in relation to particular European employer: established schemes which are not carrying on cross-border activity

9.—(1) This regulation applies to all schemes other than—

(a) a scheme which is a new scheme on the date on which the trustees or managers make an application for approval under section 289,

(b) a scheme which is a pre-23rd September 2005 scheme, or

(c) where the trustees or managers of a segregated multi-employer scheme have stated in the notice of intention relating to an application for approval under section 289 that any contributions payable to the scheme by the European employer specified in that notice of intention will be allocated to a new section, that section (to which these Regulations apply as if that section were a separate scheme in accordance with regulation 2(3)).

(2) Where the trustees or managers of a scheme apply to the Regulator for approval under section 289 in relation to one or more European employers, the information to be contained in the notice of intention, 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), (4) and (7) of that Schedule.