239. The consent requirements.

References in the subsisting rights provisions1 to the consent requirements, in respect of a regulated modification2, are to be read in accordance with the following provisions3. The consent requirements apply in the case of an affected member4: (1) if the modification is a protected modification5; (2) if it is not a protected modification, unless the actuarial equivalence requirements6 apply in his case7. The consent requirements consist of the informed consent requirement8, and the timing requirement9.

The informed consent requirement is satisfied in the case of an affected member if before the modification is made:

  1.  

    (a)     the trustees have: (i) given