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Version status: In force | Document consolidation status: Currently being consolidated
Version date: 3 April 2000 - onwards
Version 2 of 2

Regulation 16A. Time limits for giving notice to the Authority and to the member and circumstances in which such notice need not be given

(1) Subject to paragraph (2), where an amount corresponding to any contribution payable on behalf of an active member of an occupational pension scheme is deducted from that member's earnings in respect of any employment and is not paid to the trustees or managers of the scheme within the period of 19 days commencing from the end of the month in which the deduction is made, the trustees or managers of the scheme shall give notice of such default-

(a) to the Authority before the end of the period of 30 days commencing with the day following the 19th day of that period, unless payment has been made before the end of the period of 10 days commencing with the day following that 19th day and the default is only the first or second default by that employer under section 49(8) of the 1995 Act in the period of 12 months ending with that 19th day; and

(b) to the member before the end of the period of 90 days commencing with the day following that 19th day, unless payment has been made before the end of the period of 60 days commencing with the day following that 19th day.

(2) No notice need be given under paragraph (1) -

(a) where the scheme is exempt from the requirement to secure the preparation, maintenance and revision of a payment schedule for the purposes of section 87(1) of the 1995 Act by virtue of regulation 17;

(b) where the scheme is exempt from the requirement to secure the preparation, maintenance and revision of a schedule of contributions for the purposes of section 58(1) of the 1995 Act-