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Regulation 2

SCHEDULEAmendments to secondary legislation

The Occupational Pension Schemes (Disclosure of Information) Regulations 1996

1.  In paragraph 18 of Schedule 1 (basic information about the scheme) to the Occupational Pension Schemes (Disclosure of Information) Regulations 1996(1), after “enactment” insert “(or any Act of the Scottish Parliament containing provision made by virtue of section 81(3) of the Scotland Act 1998)”.

The Pension Protection Fund (Entry Rules) Regulations 2005

2.  In regulation 2(1) (schemes which are not eligible schemes) of the Pension Protection Fund (Entry Rules) Regulations 2005(2), after sub-paragraph (c) insert “(ca) a scheme, provision for which is made by virtue of section 81(3) of the Scotland Act 1998 (remuneration of members of the Parliament and Executive);”.

The Occupational Pension Schemes (Employer Debt) Regulations 2005

3.  In regulation 4(1) (schemes to which section 75 of the 1995 Act does not apply) of the Occupational Pension Schemes (Employer Debt) Regulations 2005(3), after sub-paragraph (c) insert “(ca) a scheme, provision for which is made by virtue of section 81(3) of the Scotland Act 1998 (remuneration of members of the Parliament and Executive);”.

The Occupational Pension Schemes (Winding up etc.) Regulations 2005

4.  In regulation 3(1) (schemes to which section 73 of the 1995 Act does not apply) of the Occupational Pension Schemes (Winding up etc.) Regulations 2005(4), after sub-paragraph (c) insert “(ca) a scheme, provision for which is made by virtue of section 81(3) of the Scotland Act 1998 (remuneration of members of the Parliament and Executive);”.

The Pensions Regulator (Contribution Notices and Restoration Orders) Regulations 2005

5.  In regulation 3 (prescribed schemes) of the Pensions Regulator (Contribution Notices and Restoration Orders) Regulations 2005(5), after paragraph (d) insert “(da) a scheme, provision for which is made by virtue of section 81(3) of the Scotland Act 1998 (remuneration of members of the Parliament and Executive);”.

The Occupational Pension Schemes (Fraud Compensation Payments and Miscellaneous Amendments) Regulations 2005

6.  In regulation 2(1) (prescribed schemes) of the Occupational Pension Schemes (Fraud Compensation Payments and Miscellaneous Amendments) Regulations 2005(6), after sub-paragraph (c) insert “(ca) a scheme, provision for which is made by virtue of section 81(3) of the Scotland Act 1998 (remuneration of members of the Parliament and Executive);”.

The Occupational Pension Schemes (Scheme Funding) Regulations 2005

7.  In regulation 17(1) (exemptions - general) of the Occupational Pension Schemes (Scheme Funding) Regulations 2005(7), after sub-paragraph (c) insert “(ca) a scheme, provision for which is made by virtue of section 81(3) of the Scotland Act 1998 (remuneration of members of the Parliament and Executive);”.

The Occupational Pension Schemes (Regulatory Own Funds) Regulations 2005

8.  In regulation 15(1) (exemptions) of the Occupational Pension Schemes (Regulatory Own Funds) Regulations 2005(8), after sub-paragraph (c) insert “(ca) a scheme, provision for which is made by virtue of section 81(3) of the Scotland Act 1998 (remuneration of members of the Parliament and Executive);”.

The Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations 2006

9.  In regulation 2 (exemptions from requirement to have member-nominated trustees) of the Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations 2006(9), after paragraph (i) insert “(ia) is a scheme, provision for which is made by virtue of section 81(3) of the Scotland Act 1998 (remuneration of members of the Parliament and Executive);”.

The Occupational Pension Schemes (Modification of Schemes) Regulations 2006

10.  For regulation 8 (modification of schemes: prescribed schemes) of the Occupational Pension Schemes (Modification of Schemes) Regulations 2006(10), substitute—

8    Modification of schemes: prescribed schemes

For the purposes of section 68(6) of the 1995 Act (the power to modify schemes by resolution does not apply to trust schemes within a prescribed class or description), the prescribed class or description of trust schemes is—

(a)any scheme—

(i)in respect of which any Minister of the Crown has given a guarantee or made arrangements for the purposes of securing that the assets of the scheme are sufficient to meet its liabilities; and

(ii)which is a public service scheme; or

(b)a scheme, provision for which is made by virtue of section 81(3) of the Scotland Act 1998 (remuneration of members of the Parliament and Executive)..