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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 22 April 2021 - onwards
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58. Conflict between Part V and schemes.

(1) The provisions of this Part and of any regulations made thereunder shall override any rule of a scheme or trust RAC 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) or any regulation made thereunder conflicts with any rule of a scheme or a trust RAC, or

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

shall be determined by the Board on application to it in writing in that behalf -

(i) in the case of a scheme, by a person who, in relation to the scheme, corresponds to a person mentioned in section 38(3) in relation to the scheme mentioned therein,

(ii) in the case of a trust RAC, by a person who is a member or trustee of the trust RAC.

(3) An appeal to the High Court on a point of law from a determination of the Board under subsection (2) in relation to a scheme or a trust

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