The Pensions Regulator (Financial Support Directions, etc.) Regulations (Northern Ireland) 2005

Former employers

15.—(1) In Articles 34 to 52 (contribution notices, financial support directions and transactions at an undervalue) and these Regulations, “employer”, in relation to—

(a)an occupational pension scheme which is not a multi-employer scheme, or

(b)a single-employer section of a segregated scheme,

which has no active members, includes the person who was the employer of persons in the description of employment to which the scheme or section relates immediately before the time at which the scheme or section ceased to have any active members in relation to it.

(2) In Articles 34 to 52 and these Regulations, “employer”, in relation to a non-segregated scheme or a multi-employer section of a segregated scheme includes any person who has ceased to be the employer of persons in the description of employment to which the scheme or section relates unless condition A, B, C or D is satisfied where—

(a)condition A is that an Article 75 debt became due from that employer and the full amount of the debt has been paid;

(b)condition B is that—

(i)such a debt became due;

(ii)a legally enforceable agreement has been entered into in good faith the effect of which is to reduce the amount which may be recovered in respect of the debt, and

(iii)the reduced amount has been paid in full;

(c)condition C is that such a debt became due but it is excluded from the value of the assets of the scheme or section because it is unlikely to be recovered without disproportionate costs or within a reasonable time;

(d)condition D is that at the time at which any such person ceased to be the employer of persons in the description of employment to which the scheme or section relates the value of the assets of the scheme or section was such that no such debt was treated as becoming due.

(3) In this regulation—

“multi-employer section” means a section of a segregated scheme which has at least two employers in relation to that section, and

“segregated scheme” means a multi-employer scheme which is divided into two or more sections where—