285. In general.

The following provisions apply to a trust scheme1 if:

  1.  

    (1)     apart from these provisions, power is conferred on the employer2 or any other person to make payments to the employer out of funds held for the purposes of the scheme;

  2.  

    (2)     the scheme is not being wound up3.

Where the power referred to in head (1) is conferred by the scheme on a person other than the trustees, it cannot be exercised by that person but may instead be exercised by the trustees; and any restriction imposed by the scheme on the exercise of the power must, so far as capable of doing so, apply to its exercise by the trustees4