(SI2003/3004)
SCHEDULE 2A
Regulation 5A(8)
MATTERS TO BE INCLUDED IN AN ADMISSION AGREEMENT IN CERTAIN CASES
1. A requirement for the transferee admission
body to pay to the administering authority all contributions and payments due
under the Regulations.
2. If required by regulation
5A(6), a reference to the indemnity or bond in accordance with regulation
5A(7) and a warranty from the transferee admission body that such an indemnity
or bond is in place.
3. A provision requiring the transferee admission
body to adopt the practices and procedures relating to the operation of the
Scheme set out in the Regulations and in any employer's guide published by the
administering authority and provided to the transferee admission body.
4. An undertaking from the transferee admission
body to the administering authority that it will not do anything to prejudice
the status of the Scheme as an exempt approved scheme within the meaning given
by section 592(1) of the Taxes Act.
5. A representation and warranty from the transferee
admission body to the administering authority that all the transferee admission
body's employees or class of employees who are specified as members are employed
in connection with the provision of the service or assets being carried out
by the transferee admission body as a result of those matters referred to in
5A(2).
6. An undertaking from the transferee admission
body that it will promptly notify the administering authority in writing of
any material change in the terms and conditions of employment which affect entitlement
to benefits under the Scheme for its employees who are members and of any terminations
of employment by virtue of redundancy or in the interests of efficiency.
7. A requirement that the transferee admission
body notifies the administering authority of each occasion on which it exercises
a discretion under the Regulations and the manner in which it exercises that
discretion.
8. A requirement that the transferee admission
body notifies the administering authority of any matter which may affect, or
is likely to affect, its participation in the Scheme and that it gives immediate
notice of any actual or proposed change in its status which may give rise to
a termination, including take-over, reconstruction or amalgamation, liquidation
or receivership and a change in the nature of its business or constitution.
9. A minimum period of three months' notice
to terminate the admission agreement but automatic termination, as required
by regulation 5B(2), in the event that the transferee
admission body ceases to be such.
10. A right for the administering authority
to terminate the agreement in the event of -
(a) the insolvency, winding up or liquidation of the transferee admission body,
(b) a breach by the transferee admission body of any of its obligations under
the admission agreement (but where the breach is capable of remedy only where
it has not been remedied within a reasonable time),
(c) the withdrawal of approval by the Commissioners of Inland Revenue to the
participation of the transferee admission body as a Scheme employer, or
(d) a failure by the transferee admission body to pay any sums due to the fund
within a reasonable period after receipt of a notice from the administering
authority requiring it to do so.
11. A requirement that the admission agreement
in its final form shall be available for public inspection at the appropriate
offices of the administering authority.
12. In relation to a transferee admission body
under regulation 5A(2)(a) -
(a) a reference to the date of the contract, other arrangement or direction
by which the body met the requirements of that regulation,
(b) a provision whereby the Scheme employer may set off against any payments
due to the transferee admission body an amount equal to any overdue employer
and employee contributions and other payments (and interest payable under the
Regulations) due from the transferee admission body as an employing authority,
(c) a provision requiring the Scheme employer to keep under assessment the level
of risk arising as a result of the matters set out in regulation
5A(6),
(d) a provision that where a representation or notification must be given to
an administering authority under paragraphs 5, 6, 7 and 8 of this Schedule,
that representation or notification is also given to the Scheme employer, and
(e) a requirement that the admission agreement in its final form shall be available
for public inspection at the appropriate offices of the Scheme employer, if
different from the administering authority.
(SI2003/3004)
SI1999/3438
SCHEDULE 2A
Regulation 5(7)(d) and (8)
MATTERS TO BE INCLUDED IN AN ADMISSION AGREEMENT IN CERTAIN CASES
A reference to the date of the best value arrangement, section 15 direction
or section 497A directions.
A requirement for the transferee admission body to pay to the administering
authority all contributions and payments due under the Regulations.
A provision whereby the transferor Scheme employer may set off against any payments
due to the transferee admission body an amount equal to any overdue employer
and employee contributions and other payments (and interest payable under the
Regulations) due from the transferee admission body as an employing authority.
A reference to the indemnity or bond in the approved form.
A warranty from the transferee admission body that such an indemnity or bond
is in place.
A provision requiring the transferee admission body to adopt the practices and
procedures relating to the operation of the Scheme set out in the Regulations
and in any employer's guide published by the administering authority and provided
to the transferee admission body.
An undertaking from the transferee admission body to the administering authority
that it shall not do anything to prejudice the status of the Scheme as an exempt
approved scheme within the meaning given by section 592(1) of the Taxes Act.
A representation and warranty from the transferee admission body to the administering
authority and to the transferor Scheme employer that all the transferee admission
body's employees or class of employees who are specified as members are employed
in connection with the services, assets or function referred to in the best
value arrangement, section 15 direction or section 497A directions.
An undertaking from the transferee admission body that it will promptly notify
the administering authority and the transferor Scheme employer in writing of
any material change in the terms and conditions of employment which affect entitlement
to benefits under the Scheme for its employees who are members and of any terminations
of employment by virtue of redundancy or in the interests of efficiency.
A requirement that the transferee admission body notifies the administering
authority and the transferor Scheme employer of each occasion on which it exercises
a discretion under the Regulations and the manner in which it exercises that
discretion.
A requirement that the transferee admission body notifies the administering
authority and the transferor Scheme employer of any matter which may affect,
or is likely to affect, its participation in the Scheme and that it gives immediate
notice of any actual or proposed change in its status which may give rise to
a termination, including take-over, reconstruction or amalgamation, liquidation
or receivership and a change in the nature of its business or constitution.
A minimum period of three months' notice to terminate the admission agreement
but automatic termination, as required by regulation
5(9) of the Regulations, in the event that the transferee admission body
ceases to be such.
A right for the administering authority to terminate the agreement in the event
of-
the insolvency, winding up or liquidation of
the transferee admission body,
a breach by the transferee admission body of any
of its obligations under the admission agreement (but where the breach is
capable of remedy only where it has not been remedied within a reasonable
time),
the withdrawal of approval by the Commissioners of
Inland Revenue to the participation of the transferee admission body as a
Scheme employer, or
a failure by the transferee admission body to pay
any sums due to the fund within a reasonable period after receipt of a notice
from the administering authority requiring it to do so.
A requirement that the admission agreement in its final form shall be available
for public inspection at the appropriate offices of the transferor Scheme employer
and the administering authority (if different).
(SI2003/3004)