b

any amounts which are—

i

treated as a debt due to the trustees or managers under—

aa

section 75(2) or (4) of the 1995 Act (deficiencies in assets);

bb

section 228(3) of the 2004 Act (amounts due in accordance with a schedule of contributions);

cc

sections 59(2) (determination of contributions: supplementary) or 60(5) (serious underprovision) of the 1995 Act as they were in force before 30th December 2005;

dd

section 75(1) of the 1995 Act as it was in force before 6th April 2005; or

ee

section 144(1) of the 1993 Act (deficiencies in the assets of a scheme on winding up) as it was in force before 6th April 1997, and

ii

unlikely to be recovered without disproportionate cost or within a reasonable time;

7

For the purposes of paragraph (6)—

a

“external liabilities” means such liabilities of the scheme as are shown in—

i

the net assets statement in the relevant accounts; or

ii

an estimate used for the purposes of an updated asset statement,

except that the liabilities in paragraph (8) are to be disregarded; and

b

the amount of the external liabilities is—

i

where sub-paragraph (a)(i) applies, the amount shown in the statement referred to in that sub-paragraph in respect of the external liabilities; or

ii

where sub-paragraph (a)(ii) applies, the amount shown in the estimate referred to in that sub-paragraph in respect of the external liabilities.