§ (" .—(1) The Secretary of State may by order make provision for the allocation of assets, rights, liabilities or obligations between different sections of the Civil Aviation Authority Pension Scheme.
§ (2) An order under this section may include provision for or in connection with—
- (a) securing that the Scheme continues to be approved for the purposes of the relevant enactments;
- (b) the amendment of the Scheme;
- (c) the manner in which questions arising under the order are to be determined.
§ (3) The reference in subsection (2) to the amendment of the Scheme includes a reference to the amendment of—
- (a) the trust deed of the Scheme;
- (b) the rules of the Scheme;
- (c) any other instrument relating to the constitution, management or operation of the Scheme.
§ (4) An order under this section may be made so as to have effect from a date falling before the making of the order.
§ (5) In making an order under this section the Secretary of State must secure that each person falling within subsection (6) is overall in materially at least as good a position, as respects pension arrangements, as a result of the order.
§ (6) A person falls within this subsection if—
- (a) he is or has at any time been a contributing member of the Scheme, or
- (b) he is or may become entitled to benefits in respect of a person falling within paragraph (a).
§ (7) A contributing member of the Scheme is a member who makes, and whose employer makes in respect of him, contributions under the Scheme.
§ (8) The relevant enactments are—
- (a) Chapter I of Part XIV of the Income and Corporation Taxes Act 1988 (retirement benefit schemes);
- (b) Part III of the Pension Schemes Act 1993, so far as relating to occupational pension schemes.").