(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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