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3.—(1) These Regulations apply to—
(a)in the case of an occupational pension scheme which is not a multi-employer scheme—
(i)any relevant employer, and
(ii)if there is a relevant employer, the trustees or managers of the scheme;
(b)in the case of a multi-employer scheme in relation to which there are one or more relevant employers—
(i)each relevant employer,
(ii)the trustees or managers of the scheme, and
(iii)any other person who, under the rules of the scheme, has the power to make a listed change affecting the scheme(1); and
(c)in the case of a personal pension scheme where direct payment arrangements exist in respect of one or more members of the scheme who are his employees, a relevant employer.
(2) For the purposes of these Regulations “relevant employer”—
(a)in the case of an occupational pension scheme, means an employer in relation to the scheme other than one who is excluded by regulation 4; and
(b)in the case of a personal pension scheme, means an employer in relation to the scheme other than one who is excluded by regulation 5.
(3) In these Regulations references to a personal pension scheme are to a personal pension scheme falling within paragraph (1)(c).
The persons referred to in regulation 3(1)(b)(iii) are specified by virtue of modifications of sections 259 and 261 of the Pensions Act 2004 which are made by the Occupational Pension Schemes (Consultation by Employers) (Modification for Multi-employer Schemes) Regulations 2006 (S.I. 2006/16).
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