PSI1.3.18 - Establishment and Administration of Retirement Benefits Schemes: Exempt Approved Schemes and Conformity with Trust Law - Amendment to Trust Provisions


(This archived guidance relates to HMRC discretionary practice before the 6th April 2006. For current guidance on Registered Pension Schemes see the Registered Pension Schemes Manual)

The term "irrevocable trust" in section 592 ICTA 88 does not prevent the trust being amended or the scheme being terminated. There can be circumstances in which it is desirable for the trusts to be amended or terminated, such as on the liquidation of the employer. The absence of a winding-up rule expressed in satisfactory terms would therefore make a scheme unapprovable from the outset (see PSI16.2.1-3).