Citation, commencement and interpretation

1. —(1) These Regulations may be cited as the Occupational Pension Schemes (Member-nominated Trustees and Directors) Amendment Regulations 2002 and shall come into force on 6th October 2002.

(2) In these Regulations, “the Member-nominated Trustees Regulations” means the Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations 1996( 3 ).

Amendment of the Member-nominated Trustees Regulations

2. The Member-nominated Trustees Regulations shall be amended in accordance with regulations 3 to 6 below.

Amendment of regulation 9

3. In paragraph (2) of regulation 9( 4 ) (proposals by the employer for alternative arrangements under section 17)—

(a) in sub-paragraph (a)—

(i) at the end of paragraph (ii) there shall be omitted the word “or”; and

(ii) for paragraph (iii) there shall be substituted the following paragraphs—

“ (iii) except where paragraph (iv) applies, any time not less than ten years after the date applicable under paragraph (i) or, if such a notice as is mentioned in paragraph (ii) has been given, after the date mentioned in that paragraph; or

(iv) any time not less than four years after—

(aa) the date section 16 first applies to the scheme, where this occurs on or after 6th October 2002; or

(bb) the date mentioned in paragraph (ii) if such a notice as is mentioned in that paragraph is given on or after 6th October 2002; ” ; and

(b) for sub-paragraph (c) there shall be substituted the following sub-paragraphs—

“ (c) in the case of a second or subsequent notice under paragraph (1)(a) which is given in respect of a scheme to which section 16 applies—

(i) except where paragraph (ii) applies, any time after the expiry of the period of ten years beginning with—

(aa) the date on which the last such notice was given to the trustees of the scheme;

(bb) the date which is the last permitted notice time falling within sub-paragraph (b)(i), or

(cc) in a case where the approval of alternative arrangements for the scheme has ceased to have effect by virtue of paragraph (1)(d)(ii) of regulation 20, the date on which it did so,

whichever is the latest; or

(ii) where the latest of the following dates—

(aa) the date on which the last such notice was given to the trustees of the scheme;

(bb) the date which is the last permitted notice time falling within sub-paragraph (b)(i), or

(cc) in a case where the approval of alternative arrangements for the scheme has ceased to have effect by virtue of paragraph (1)(d)(ii) of regulation 20, the date on which it did so,

occurs on or after 6th October 2002, any time after the expiry of the period of four years beginning with that latest date;

(d) at any other time provided that the trustees of the scheme have consented to the employer giving the notice under paragraph (1)(a) at that time. ” .

Amendment of regulation 15

4. In paragraph (2) of regulation 15( 5 ) (proposals by the employer for alternative arrangements under section 19)—

(a) in sub-paragraph (a)—

(i) at the end of paragraph (ii) there shall be omitted the word “or”; and

(ii) for paragraph (iii) there shall be substituted the following paragraphs—

“ (iii) except where paragraph (iv) applies, any time not less than ten years after the date applicable under paragraph (i) or, if such a notice as is mentioned in paragraph (ii) has been given, after the date mentioned in that paragraph; or

(iv) any time not less than four years after—

(aa) the date section 18 first applies to the company, where this occurs on or after 6th October 2002; or

(bb) the date mentioned in paragraph (ii) if such a notice as is mentioned in that paragraph is given on or after 6th October 2002; ” ; and

(b) for sub-paragraph (c) there shall be substituted the following sub-paragraphs—

“ (c) in the case of a second or subsequent notice under paragraph (1)(a) which is given in respect of a company to which section 18 applies—

(i) except where paragraph (ii) applies, any time after the expiry of the period of ten years beginning with—

(aa) the date on which the last such notice was given to the company;

(bb) the date which is the last permitted notice time falling within sub-paragraph (b)(i), or

(cc) in a case where the approval of alternative arrangements for the scheme has ceased to have effect by virtue of paragraph (1)(f)(ii) of regulation 20, the date on which it did so,

whichever is the latest; or

(ii) where the latest of the following dates—

(aa) the date on which the last such notice was given to the company;

(bb) the date which is the last permitted notice time falling within sub-paragraph (b)(i), or

(cc) in a case where the approval of alternative arrangements for the scheme has ceased to have effect by virtue of paragraph (1)(f)(ii) of regulation 20, the date on which it did so,

occurs on or after 6th October 2002, any time after the expiry of the period of four years beginning with that latest date;

(d) at any other time provided that the company has consented to the employer giving the notice under paragraph (1)(a) at that time. ” .

Amendment of regulation 20

5. In paragraph (1) of regulation 20( 6 ) (cessation of approval of appropriate rules and alternative arrangements)—

(a) for sub-paragraph (a) there shall be substituted the following sub-paragraph—

“ (a) at the expiry of—

(i) except where paragraph (ii) applies, the period of ten years beginning with the date on which the rules or arrangements were treated as approved under paragraph 8 or, as the case may be, paragraph 9 of Schedule 1; or

(ii) where, in the case of an approval of arrangements under section 17 or 19, the employer gives notice in accordance with regulation 9(1)(a) or 15(1)(a) on or after 6th October 2002, the period of four years beginning with the date on which the arrangements were treated as approved under paragraph 8 or, as the case may be, paragraph 9 of Schedule 1; ” ; and

(b) for sub-paragraph (b) there shall be substituted the following sub-paragraph—

“ (b) on the date on which fresh rules or arrangements are treated as approved under paragraph 8 or, as the case may be, paragraph 9 of Schedule 1; ” .

Amendment of Schedule 3

6. In paragraph 3(3)( 7 ) of Schedule 3 (modifications where a company to which section 18 applies is the employer)—

(a) in paragraph (a)(i) for the words “a permitted notice” there shall be substituted the word “any”; and

(b) for paragraphs (b) and (c) there shall be substituted the following paragraphs—

“ (b) paragraph (2) is omitted;

(c) for paragraph (3) substitute—

“ (3) In paragraph (1) the “approval period”, in relation to alternative arrangements, means, the period of six months beginning with the date on which notice is given under Schedule 1. ” ;

(d) paragraph (4) is omitted. ” .