Section 67H — Pensions Act 2004: Powers of the Authority to intervene

Powers of the Authority to intervene 67H 1 Subsection (2) applies where the Authority have reasonable grounds to believe that a power to which the subsisting rights provisions apply—

a will be exercised, or b has been exercised, to make a regulated modification in circumstances where the modification will be voidable by virtue of section 67(2).

2 The Authority may by order—

a in a case within subsection (1)(a), direct the person on whom the power is conferred not to exercise the power to make the regulated modification;

b require the trustees to take, within the time specified in the order, such steps as are so specified for the purpose of securing that any of the requirements mentioned in section 67(2) is satisfied.

3 A regulated modification made in exercise of a power to which the subsisting rights provisions apply is voidable in accordance with section 67G if—

a the exercise of the power contravened an order under paragraph (a) of subsection (2), or b the trustees fail to comply with a requirement imposed by an order under paragraph (b) of that subsection relating to any exercise of the power to make the modification.