The Pension Protection Fund (Entry Rules) Regulations 2005

Confirmation of scheme status – binding notices E+W+S

13.—(1) Where the Board determines to approve or not to approve a notice issued by an insolvency practitioner or former insolvency practitioner in relation to an employer in relation to [F1 an occupational pension scheme] under section 122 of the Act [F2 (insolvency practitioner's duty to issue notices confirming status of scheme)], the determination notice which the Board must issue under section 122(4) of the Act to that effect shall be in writing and shall contain the following information—

(a) the name or type of notice issued;

(b) the date on which the notice is issued;

(c) the name, address and pension scheme registration number of the scheme in respect of which the notice is issued;

(d) the name of the employer in relation to the scheme in respect of which the notice is issued;

(e) a statement that the Board received a notice from the insolvency practitioner, or former insolvency practitioner, under section 122 of the Act, the effect of that notice and the date on which it was issued by the insolvency practitioner;

(f) the name of the insolvency practitioner, or former insolvency practitioner;

(g) a statement of whether or not the Board has determined to approve the notice issued by the insolvency practitioner or former insolvency practitioner under section 122 of the Act;

(h) the address for communications at which the Board may be contacted in connection with the issue of the notice; and

(i) whether the notice issued by the Board contains any restricted information and, if so, the nature of the restriction.

[F3 (1A) Where a notice issued under section 122 of the Act becomes binding, the notice which the Board must give under section 125(3) of the Act (binding notices confirming status of scheme) shall be in writing.]

(2) Where a notice issued under section 130(2) or (3) of the Act becomes binding, the notice which the Board must issue under section 130(7) of the Act to that effect shall be in writing and shall contain the following information—

(a) the name or type of notice issued;

(b) the date on which the notice is issued;

(c) the name, address and pension scheme registration number of the scheme in respect of which the notice is issued;

(d) the name of the employer in relation to the scheme in respect of which the notice is issued;

(e) a statement that the notice issued under section 130(2) or (3) of the Act has become binding;

(f) the date on which the notice under section 130(2) or (3) of the Act was issued; and

(g) whether the notice issued by the Board contains any restricted information and, if so, the nature of the restriction.

Textual Amendments

F1 Words in reg. 13(1) substituted (1.4.2005) by The Occupational Pension Schemes and Pension Protection Fund (Amendment) Regulations 2005 (S.I. 2005/993), regs. 1(1), 4(d)(i)

F2 Words in reg. 13(1) substituted (1.4.2005) by The Occupational Pension Schemes and Pension Protection Fund (Amendment) Regulations 2005 (S.I. 2005/993), regs. 1(1), 4(d)(ii)

F3 Reg. 13(1A) inserted (24.8.2005) by The Pension Protection Fund (Entry Rules) Amendment Regulations 2005 (S.I. 2005/2153), regs. 1(1), 2(9)