(1) The provisions of this Part, of any regulations made there under and of the Second Schedule shall override any rule of a scheme to the extent that that rule conflicts with those provisions.

(2) Any question as to -

(a) whether any provision of this Part (including the application of any provision as modified by regulations), any regulations made thereunder or the Second Schedule conflicts with any rule of a scheme, or

(b) whether a scheme is a defined benefit scheme or a defined contribution scheme for the purposes of this Part,

or

(c) whether a member's service in relevant employment may be treated as terminated for the purposes of this Part,

shall be determined by the Board on application to it in writing in that behalf by a person specified in subsection (3).

(3) The following persons shall be entitled to make an application under subsection (2) in respect of a scheme:

(a) the trustees of the scheme;