Commentary on Sections General Section 306: Overriding requirements
1282.Subsection (1) provides for certain provisions of the Act (set out in subsection (3)) and legislation made under those provisions, to override conflicting provisions of an occupational or personal pension scheme. It also provides for the scheme to be modified accordingly by operation of law (so without further intervention by trustees or employer) in such a case.
1283.Subsection (4) makes similar provision in respect of the memorandum and articles of a company which is a trustee of an occupational pension scheme which has no other trustees, or has only corporate trustees. Where the memorandum and articles conflict with requirements under sections 242 and 243 (which deal with the involvement of scheme members in the nomination of directors of corporate trustees) then those requirements override the memorandum and articles which are then modified accordingly.