Contents of Section

Chapter:

426B PDFTitle:OCCUPATIONAL RETIREMENT SCHEMES (CONSULTATIVE COMMITTEES) RULESGazette Number:
Section:4Heading:Constitution of consultative committeesVersion Date:30/06/1997

(1) 10 or more scheme members may propose to constitute a consultative committee by sending to every scheme member a notice in writing expressing such a proposal together with a consent form, in Form 1 in the Schedule, for the member's signature.
(2) Members consenting to the constitution shall, within 21 days of the issue of the notice, return to one of the proposing members a signed consent form.
(3) The consent of the majority of the scheme members is required for the constitution of the consultative committee.
(4) The proposing members shall, not more than 28 days after sending the notices under subsection (1), supply the designated person with the signed consent forms that were returned within the required time under subsection (2), and the designated person shall ensure that the consent forms are available for inspection at the inauguration meeting by any scheme member who wishes to do so.
(5) On being satisfied that consent forms were returned from the majority of scheme members within the required time, the designated person shall give not less than 14 days' notice to the scheme members, the administrator and the relevant employer of the place, date and time at which the inauguration meeting will take place, and the notice shall include-

        (a) a proxy form, in Form 2 in the Schedule, which form shall be signed and returned to one of the proposing members not less than 3 days before the date of the meeting by a member who wishes to vote by proxy; and
        (b) a nomination form for nominating a member for election to the consultative committee, in Form 3 in the Schedule, which form shall be-
          (i) completed by a member wishing to make a nomination; and
          (ii) sent to the designated person so that it is received by the designated person not less than 3 days before the date of the meeting.
(6) A scheme member may cancel a proxy by attending and voting in person at the inauguration meeting.
(7) The quorum for the inauguration meeting shall be 5 scheme members attending the meeting in person.
(8) A consultative committee shall consist of the number of members specified in the resolution constituting the committee but shall be not less than 5 nor more than 20, and the number shall not exceed 25% of the membership of the scheme, as determined at the date of the meeting at which members of the consultative committee are to be elected.
(9) The designated person shall be chairman of the inauguration meeting.
(Enacted 1993)