(1) Any dispute as to 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 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.
(2) An appeal to the High Court on a point of law from a determination of the Board under subsection (1) in relation to a scheme may be brought by the person who made, or a person who was entitled to make, the application concerned under subsection (1) within six months after the date of the determination by the Board and, on the hearing of that appeal, the High Court may determine the point of law accordingly.