(1) Subject to subsection (1A), notwithstanding anything contained in section 34, the trustees of a scheme may, in such circumstances as may be prescribed, instead of providing a preserved benefit out of the resources of the scheme, effect, without the consent of the member concerned, a transfer payment from the scheme by making one or more payments referred to in section 34(3)(b) or (d).

(1A) In the case of an outgoing worker, the trustees of a scheme may effect a transfer payment from the scheme by making one or more payments referred to in section 34(3) where an outgoing worker has provided consent in writing.

(2) Where the trustees of a scheme have effected a transfer payment in accordance with subsections (1) or (1A) they shall be discharged from any obligation to provide benefits to which the transfer payment relates.