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Pensions review provisions to take effect as deemed scheme under section 404

2.—(1) This article applies to a pensions review provision which—

(a)has been designated by the Authority under article 3; and

(b)has not been amended (other than under article 4, or article 6(1)(b) as applied by article 6(3)) or revoked at any time between its designation and commencement.

(2) Where a pensions review provision—

(a)has been designated by the Authority under article 3; and

(b)has been amended (other than under article 4, or article 6(1)(b) as applied by article 6(3)) at any time between its designation and commencement by a further such provision which has itself been so designated,

this article applies to the original provision, subject to that amendment.

(3) After commencement, a pensions review provision to which this article applies has effect, with such modifications (if any) as may be made under article 4, or article 6(1)(b) as applied by article 6(3), as if it were a provision of an authorised scheme within the meaning of section 404 (schemes for reviewing past business) (“the deemed scheme”), subject to any modifications later made in accordance with article 6(1)(b).

(4) Paragraph (3) applies—

(a)in spite of any repeal, revocation or other lapsing of the pensions review provision which occurs on commencement;

(b)notwithstanding the fact that no scheme order has been made under section 404 (or that the conditions for the making of such an order have not been satisfied); and

(c)irrespective of whether the pensions review provision could have been included in a scheme authorised by such an order.