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Change 1
As published
46 Powers of Board to approve arrangements for scheme ceasing to be certified.
(1) In the case of an occupational pension scheme ... which is or has been certified as a salary related contracted-out scheme, the Inland Revenue may, for the event of, or in connection with, its ceasing to be such a scheme, approve any arrangements made or to be made in relation to the scheme, or for its purposes, for the preservation or transfer—
(a) of earners’ accrued rights to guaranteed minimum pensions under the scheme or accrued rights to pensions under the scheme attributable to their service on or after the principal appointed day, and
(b) of the liability for the payment of such pensions in respect of persons who have then become entitled to receive them.
(1A) The power of the Inland Revenue to approve arrangements under this section—
(a) includes power to approve arrangements subject to conditions, and
(b) may be exercised either generally or in relation to a particular scheme.
(1B) Arrangements may not be approved under this section unless any prescribed conditions are met
(2) If the scheme ceases to be a salary related contracted-out scheme (whether by being wound up or otherwise) and the Inland Revenue either—
(a) have withdrawn their approval of previously approved arrangements relating to it; or
(b) have declined to approve arrangements relating to it,
the Inland Revenue may issue a certificate to that effect.
(3) A certificate issued under subsection (2)(a) or (b) shall be cancelled by the Inland Revenue if they subsequently approve the arrangements.
(4) Regulations may provide that where the Inland Revenue have approved arrangements under subsection (1) in respect of an occupational pension scheme ... any provision of this Part (other than sections 14, 15, 27 and 29 and 39 and 41) or Chapter III of Part IV or Chapter II of Part V shall have effect subject to such modifications as may be specified in the regulations.
(5) Any such regulations shall have effect in relation to arrangements whenever approved, unless they provide that they are only to have effect in relation to arrangements approved after they come into operation.
(6) It is hereby declared that an approval of arrangements relating to an occupational pension scheme to which subsection (1) applies may be withdrawn at any time, notwithstanding that the scheme has been wound up.
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Your change, as a redline
46 Powers of Board to approve arrangements for scheme ceasing to be certified.
(1) In the case of an occupational pension scheme ... which is or has been certified as a salary related contracted-out scheme, the Inland Revenue may, for the event of, or in connection with, its ceasing to be such a scheme, approve any arrangements made or to be made in relation to the scheme, or for its purposes, for the preservation or transfer—
(a) of earners’ accrued rights to guaranteed minimum pensions under the scheme or accrued rights to pensions under the scheme attributable to their service on or after the principal appointed day, and
(b) of the liability for the payment of such pensions in respect of persons who have then become entitled to receive them.
(1A) The power of the Inland Revenue to approve arrangements under this section—
(a) includes power to approve arrangements subject to conditions, and
(b) may be exercised either generally or in relation to a particular scheme.
(1B) Arrangements may not be approved under this section unless any prescribed conditions are met
(2) If the scheme ceases to be a salary related contracted-out scheme (whether by being wound up or otherwise) and the Inland Revenue either—
(a) have withdrawn their approval of previously approved arrangements relating to it; or
(b) have declined to approve arrangements relating to it,
the Inland Revenue may issue a certificate to that effect.
(3) A certificate issued under subsection (2)(a) or (b) shall be cancelled by the Inland Revenue if they subsequently approve the arrangements.
(4) Regulations may provide that where the Inland Revenue have approved arrangements under subsection (1) in respect of an occupational pension scheme ... any provision of this Part (other than sections 14, 15, 27 and 29 and 39 and 41) or Chapter III of Part IV or Chapter II of Part V shall have effect subject to such modifications as may be specified in the regulations.
(5) Any such regulations shall have effect in relation to arrangements whenever approved, unless they provide that they are only to have effect in relation to arrangements approved after they come into operation.
(6) It is hereby declared that an approval of arrangements relating to an occupational pension scheme to which subsection (1) applies may be withdrawn at any time, notwithstanding that the scheme has been wound up.
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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