Pensions Act 1995

20 Selection, and eligibility, of member-nominated trustees and directors

(1) For the purposes of sections 16 to 21, the appropriate rules are rules which—

(a) make the provision required or authorised by this section, and no other provision, and

(b) are for the time being approved under the statutory consultation procedure or, if no rules are for the time being so approved, are prescribed rules;

and the arrangements required by section 16 or 18 to be made must not make any provision which is required or authorised to be made by the rules.

(2) The appropriate rules—

(a) must determine the procedure for the nomination and selection of a person to fill a vacancy as a member-nominated trustee, and

(b) may determine, or provide for the determination of, the conditions required of a person for filling such a vacancy.

(3) The appropriate rules must provide for a member-nominated trustee to be eligible for re-selection at the end of his period of service.

(4) Where a vacancy for a member-nominated trustee is not filled because insufficient nominations are received, the appropriate rules must provide for determining the next period in which persons may be nominated and selected in accordance with the rules, being a period ending at a prescribed time.

(5) The appropriate rules must provide that, where the employer so requires, a person who is not a member of the scheme must have the employer’s approval to qualify for selection as a member-nominated trustee.

(6) Where section 18 applies to a trust scheme, references in this section to a member-nominated trustee include a member-nominated director.