Winding upE+W+S

Discharge of liabilities during assessment periodE+W+S

10.—(1) This regulation applies in any case where any liability of a scheme in respect of a member has been discharged by virtue of regulations under section 135(4) of the 2004 Act (power to make regulations permitting discharge of scheme's liabilities during an assessment period).

(2) Sections 73 to 73B of the 1995 Act (except section 73B(4)(b)(iii)) apply as if references to liabilities did not include the discharged liability.

(3) Section 74(2) and (4) of the 1995 Act M1 applies as if the trustees or managers of the scheme had—

(a)in accordance with arrangements prescribed under section 74(2) of that Act, provided for the discharge of the discharged liability in one or more of the ways mentioned in section 74(3) of that Act; and

(b)applied any amount available to them in accordance with section 73 of that Act in one or more of those ways.

Marginal Citations

M1Section 74(2) and (4) is amended by sections 270(2)(b) and (d) and 320 of, and Part 1 of Schedule 13 to, the Pensions Act 2004.