The Pension Protection Fund (Entry Rules) Regulations 2005

Confirmation of scheme status by insolvency practitioner E+W+S

9.—(1) The prescribed matters referred to in section 122(5)(a) of the Act (insolvency practitioner's duty to issue notices confirming status of scheme) which the insolvency practitioner in relation to the employer in relation to [F1 an occupational pension scheme] must be able to confirm are—

(a) in circumstances where the employer is [F2 not an individual or a partnership], that—

(i) [F3 the employer] has been rescued as a going concern and the employer—

(aa) retains responsibility for meeting the pension liabilities under the scheme, and

(bb) has not entered into an agreement to which paragraph (3)(c) of regulation 2 applies; or

(ii) another person or other persons has or have assumed responsibility for meeting the employer's pension liabilities under the scheme;

(b) in circumstances where the employer is an individual, that—

(i) [F4 there has been] a rescue of all or part of the employer's business as a going concern and the employer—

(aa) retains responsibility for meeting the pension liabilities under the scheme, and

(bb) has not entered into an agreement to which paragraph (3)(c) of regulation 2 applies; or

(ii) another person or other persons has or have assumed responsibility for meeting the employer's pension liabilities under the scheme;

(c) in circumstances where the employer is a partnership, that—

(i) there has been a rescue of all or part of the employer's business and the employer—

(aa) retains responsibility for meeting the pension liabilities under the scheme, and

(bb) has not entered into an agreement to which paragraph (3)(c) of regulation 2 applies; or

(ii) another person or other persons has or have assumed responsibility for meeting the employer's pension liabilities under the scheme.

(2) The prescribed matters referred to in section 122(5)(b) of the Act which the insolvency practitioner must be able to confirm are—

(a) in circumstances where the employer is [F5 not an individual or a partnership]—

(i) that employer has entered into an agreement to which paragraph (3)(c) of regulation 2 applies; or

(ii) that employer is not continuing as a going concern and—

(aa) no other person or other persons has or have assumed responsibility for meeting the employer's pension liabilities under the scheme, and

(bb) the insolvency practitioner is of the opinion that the employer's pension liabilities under the scheme will not be assumed by another person;

(b) in circumstances where the employer is an individual—

(i) that employer has entered into an agreement to which paragraph (3)(c) of regulation 2 applies; or

(ii) no part of that employer's business is being continued by that employer as a going concern and—

(aa) no other person or other persons has or have assumed responsibility for meeting the employer's pension liabilities under the scheme, and

(bb) the insolvency practitioner is of the opinion that the employer's pension liabilities under the scheme will not be assumed by another person;

(c) in circumstances where the employer is a partnership—

(i) that employer has entered into an agreement to which paragraph (3)(c) of regulation 2 applies; or

(ii) no part of the employer's business is being continued by one or more of the partners as a going concern and—

(aa) no other person or other persons has or have assumed responsibility for meeting the employer's pension liabilities under the scheme, and

(bb) the insolvency practitioner is of the opinion that the employer's pension liabilities under the scheme will not be assumed by another person.

(3) A notice issued by an insolvency practitioner under section 122(2)(a) or (b) of the Act or by a former insolvency practitioner under section 122(4) of the Act 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) the name of the insolvency practitioner or former insolvency practitioner and the address at which that insolvency practitioner may be contacted by the Board in connection with the issue of the notice;

(f) a statement by the insolvency practitioner or former insolvency practitioner that, as the case may be, a scheme rescue has occurred or a scheme rescue is not possible or that he has been unable to confirm that a scheme rescue has occurred or that a scheme rescue is not possible;

(g) if a scheme rescue has occurred, the date or the approximate date of the scheme rescue and, if there is a new employer in relation to the scheme, the name and address of that employer in relation to the scheme;

(h) if a scheme rescue is not possible, a statement from the insolvency practitioner or former insolvency practitioner as to why, in his opinion, that is not possible;

(i) if section 122(4) of the Act applies and the former insolvency practitioner has not been able to confirm in relation to the scheme that a scheme rescue is not possible, a statement from that insolvency practitioner as to why, in his opinion, that is the case;

(j) a statement that the notice issued will not become binding until it has been approved by the Board; and

(k) whether, in the opinion of the insolvency practitioner or former insolvency practitioner, the notice issued contains any commercially sensitive information.

Textual Amendments

F1 Words in reg. 9(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(c)(i)

F2 Words in reg. 9(1)(a) substituted (6.4.2016) by The Pension Protection Fund and Occupational and Personal Pension Schemes (Miscellaneous Amendments) Regulations 2016 (S.I. 2016/294), reg. 1, 5(7)(a)(i)

F3 Words in reg. 9(1)(a)(i) substituted (6.4.2016) by The Pension Protection Fund and Occupational and Personal Pension Schemes (Miscellaneous Amendments) Regulations 2016 (S.I. 2016/294), reg. 1, 5(7)(a)(ii)

F4 Words in reg. 9(1)(b)(i) substituted (1.4.2005) by The Occupational Pension Schemes and Pension Protection Fund (Amendment) Regulations 2005 (S.I. 2005/993), regs. 1(1), 4(c)(ii)

F5 Words in reg. 9(2)(a) substituted (6.4.2016) by The Pension Protection Fund and Occupational and Personal Pension Schemes (Miscellaneous Amendments) Regulations 2016 (S.I. 2016/294), reg. 1, reg. 5(7)(b).

Modifications etc. (not altering text)

C1 Reg. 9 applied (with modifications) (6.4.2014) by The Industrial and Provident Societies and Credit Unions (Arrangements, Reconstructions and Administration) Order 2014 (S.I. 2014/229), art. 1, Sch. 5 para. 2(1)(3)