The following provisions apply to a trust scheme1 if:
(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) 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
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