Applications and notifications to the Board – further provision E+W+S

8.—(1)  [F1 Except in a case to which regulation 8A applies, the prescribed period] for making an application to the Board under section 129(1) of the Act (applications and notifications for the purposes of section 128) shall be the period of 28 days beginning with the date on which the trustees or managers of an eligible scheme become aware that the employer in relation to the scheme is unlikely to continue as a going concern.

(2) Applications to the Board for the purposes of section 128 of the Act shall be in writing and shall contain the following information—

(a) a description of the type or purpose of the application;

(b) the name, address and pension scheme registration number of the scheme in respect of which the application is made;

(c) the name of the employer in relation to the scheme in respect of which the application is made;

(d) a statement by the trustees or managers of the scheme that the employer in relation to the scheme is unlikely to continue as a going concern and that the requirements prescribed under section 129(1)(b) of the Act have been met in relation to that employer;

(e) the date on which the trustees or managers of the scheme became aware that the employer in relation to the scheme is unlikely to continue as a going concern; and

(f) the date on which the application was sent to the Board by the trustees or managers of the scheme.

(3) Where the Regulator becomes aware that the employer in relation to an eligible scheme is unlikely to continue as a going concern and that the requirements prescribed under section 129(1)(b) of the Act are met in relation to that employer, the prescribed information to be contained in the notice referred to in section 129(4) of the Act which the Regulator must give to the Board is as follows—

(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 [F2 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 by the Regulator that the employer in relation to the scheme is unlikely to continue as a going concern and that the requirements prescribed under section 129(1)(b) of the Act are met in relation to that employer; and

(f) the date on which the Regulator became aware that the employer in relation to the scheme is unlikely to continue as a going concern.

(4) Where the Board receives a notice from the Regulator to which paragraph (3) applies, the prescribed information that must be contained in the notice referred to in section 129(5) of the Act which the Board must give to the trustees or managers of the scheme concerned and copy to the employer in relation to that scheme is as follows—

(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 Regulator under section 129(4) of the Act and the date on which that notice was received by the Board;

(f) the date on which the Regulator became aware that the employer in relation to the scheme is unlikely to continue as a going concern;

(g) the address for communications at which the Board may be contacted in respect of the issue of the notice; and

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

Textual Amendments

F1 Words in reg. 8(1) substituted (24.8.2005) by The Pension Protection Fund (Entry Rules) Amendment Regulations 2005 (S.I. 2005/2153), regs. 1(1), 2(7)

F2 Words in reg. 8(3)(c) substituted (1.4.2005) by The Occupational Pension Schemes and Pension Protection Fund (Amendment) Regulations 2005 (S.I. 2005/993), regs. 1(1), 4(b)