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Part 1 E+W+SMaster Trusts

Decisions on withdrawal of authorisation: timingE+W+S

35When a decision to withdraw authorisation becomes finalE+W+S

(1)Where a triggering event within item 1 or 2 of the table in section 21(6) occurs in relation to a Master Trust scheme, this section applies for the purposes of determining the date on which a decision to withdraw authorisation becomes final (see sections 23(2)(a) and 26(2)).

(2)That date is the date given in relation to the event by the third column of the table in subsection (3), in the circumstances set out in relation to the event in the second column of that table.

(3)The table is—

Triggering eventCircumstancesDate
Item 1 (issue of warning notice under the standard procedure)

1The Pensions Regulator makes a determination to withdraw the scheme's authorisation, and

2there is no referral of the determination to the Tribunal within the time period allowed for doing so.

The date of the Regulator's determination.
Item 2 (issue of determination notice under the special procedure)

1The Pensions Regulator, on a review under section 99 of the Pensions Act 2004, makes a determination the effect of which is that the scheme's authorisation should be withdrawn, and

2there is no referral of the Regulator's determination to the Tribunal within the time period allowed for doing so.

The date of the Regulator's determination.
Item 1 or 2

1There is a referral to the Tribunal, and

2the Tribunal makes a determination the effect of which is that the scheme's authorisation should be withdrawn, and

3either—

(a)no appeal is brought against the Tribunal's determination within the time period allowed for doing so, or

(b)an appeal is brought within that time period but is later withdrawn.

The date of the Tribunal's determination.
Item 1 or 2

1There is an appeal against the Tribunal's determination, and

2the effect of the appeal is that the scheme's authorisation should be withdrawn.

The date on which the appeal is finally disposed of.

(4)In this section “the Tribunal” has the meaning given by—

(a)section 96(7) of the Pensions Act 2004, in a case where the standard procedure applies;

(b)section 99(13) of that Act, in a case where the special procedure applies.

Commencement Information

I1S. 35 in force at 5.9.2018 for specified purposes by S.I. 2018/965, reg. 2(a)

I2S. 35 in force at 1.10.2018 in so far as not already in force by S.I. 2018/965, reg. 2(b)